GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable. 8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide. 8.03 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. 8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought. 8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent. 8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith. 8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board. 8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure. 8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure. 8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable. 8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved. 8.12 The Employer will provide the necessary facilities for grievance meetings. (a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s19.1 A complaint or grievance arising under the terms and provisions of this Agreement, or any difference between the parties as to the interpretation and application of this Agreement, shall be settled in accordance with the following procedures:
a) The aggrieved employee will present his grievance to his supervisor in the presence of his union ▇▇▇▇▇▇▇. The employee shall have ten (10) working days from the day of incident (or the Association day he receives reasonable knowledge of the incident) to present his grievance. The supervisor will have five (5) working days to render a decision.
b) If agreement is not reached the union ▇▇▇▇▇▇▇ and/or the Business Agent of the Union may present a complaint at any time without recourse the grievance to Human Resources and/or the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of NursingCEO. Such a The grievance must be presented to Human Resources and/or the CEO within ten (10) working days of the date of its occurrence or when it came to supervisor’s decision. Human Resources and the attention of the nurse or the Association. The Director of Nursing CEO shall render a decision in writing within have five (5) working days following the day on which to render a decision.
c) If the grievance was submitted. If remains unsettled the decision is unsatisfactory to Business Manager of the nurse(s) or the AssociationUnion, Step No. 2 who may be followed accompanied by a committee of employees of the Cooperative, shall endeavor to adjust disagreements with the Labor Relations Committee of the Cooperative. A grievance hearing with the Labor Committee must be requested within ten (10) daysworking days of Human Resources and CEO’s decision. The grievance In case of failure to then reach an agreement, the matter shall be referred submitted to arbitration.
d) Notice of intent to arbitrate shall be presented in writing by registered mail by the party desiring to arbitrate to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either other party at a time mutually convenient to both parties. Within seven within thirty (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (330) days of any such discharge, discipline or suspension. Should the nurse(s) or receipt of the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten decision in step (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithc).
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within e) Within ten (10) working days after the circumstances giving rise Cooperative or the Union notifies the other of its desire to it occurred or originated therein by-passing any prior step submit the matter to arbitration, an arbitrator shall be selected from a panel of arbitrators agreed to by both parties. See Appendix A for procedures for selecting the Procedurepanel.
8.09 f) The Employer may institute a grievance consisting of an allegation of a general misinterpretation Arbitrator shall have no authority to change, alter, add or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to delete from the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) dayscontract. The Association Arbitrator’s decision within the limits of his authority shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employerparties.
g) The expense of the Arbitrator shall be born equally between the two parties.
h) Should an employee or his Union Representative fail to process a complaint at any stage within the time limits provided in this Article, the Association complaint will be treated as abandoned and no further action will be taken concerning it and the grievor involvedlast decision made by the Cooperative shall be final. In the event a grievance is conceded in this fashion, it will not be used to establish a precedent.
8.12 The Employer i) Should the representative of the Cooperative fail to process a complaint within the established time limits, the grievance will provide be conceded in favor of the necessary facilities for grievant. In the event a grievance meetingsis conceded in this fashion, it will not be used to establish a precedent.
(aj) Where a difference arises between All steps in the parties relating to the interpretationgrievance procedure and time limits specified herein may be waived, application or administration of this Agreement, including any question as to whether a matter is arbitrablereduced, or where an allegation extended by mutual consent of both parties. A waiver, reduction, or extension in one case is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tennot a precedent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) A.4.1 For the purposes of this Agreement, a grievance is defined as being a claim that there has been a violation of this Agreement and that the Board or the Association may present Union has acted, for the purpose of application, administration or interpretation, in a complaint at any time without recourse manner which violates this Agreement.
A.4.2 Only the Union and its representatives shall have the right to originate a grievance on behalf of an employee, or group of employees and to seek adjustment with the formal written procedure contained herein, but employer in the normal course of events grievances shall be registered with manner provided in the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of NursingGrievance Procedures. Such a grievance must be presented within ten (10) days shall commence at Step 1.
A.4.3 If an employee has a complaint, the employee shall first discuss the complaint with his/her immediate Supervisor.
A.4.4 If the subject matter of the date complaint is not settled within a period of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days working days, then the following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within the time limits specified steps in the Grievance Procedure, the grieving party shall Procedure should be entitled to submit the grievance to the next step.followed:
8.04 When a grievance is A.4.4.1 Step 1: All written grievances must be submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving which gave rise to it occurred came or originated therein by-passing any prior step ought to have come to the attention of the Procedure.
8.09 individual concerned. The Employer aggrieved employee shall first submit the grievance to his/her ▇▇▇▇▇▇▇. If the ▇▇▇▇▇▇▇ considers the matter to be a grievance, as defined in A.4.1, then the employee, accompanied by his/her ▇▇▇▇▇▇▇, may institute a present his/her grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing to his/her Supervisor. The grievance shall be in writing, dated signed by the ▇▇▇▇▇▇▇ and signed, by forwarding a written statement of said grievance to the local representative shall advise management of the bargaining unitremedy sought and any provision of this Collective Agreement upon which the grievance is based. The Supervisor shall answer in writing the grievance within five (5) working days after he/she has received same. In the normal course, with the applicable Manager, Coordinator or Administrator would not have been present at the Step 1 meeting. However, in the event the Manager, Coordinator or Administrator does attend the meeting, then it will be considered to have been a copy to Step 2 meeting, and the Employment Relations Officer of the Ontario Nurses’ AssociationManager, provided it is presented within Coordinator or Administrator will have ten (10) working days after the circumstances giving rise to answer the grievance have originated or occurredin writing. A meeting will If the Grievance is not then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlementsettled, the grievance Union may be referred proceed directly to Arbitration by the Employer in accordance with the Arbitration procedureStep 3.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s18.1 A complaint or grievance arising under the terms and provisions of this Agreement, or any difference between the parties as to the interpretation and application of this Agreement, shall be settled in accordance with the following procedures:
a) The aggrieved employee will present his grievance to his supervisor in the presence of his union ▇▇▇▇▇▇▇. The employee shall have ten (10) working days from the day of incident (or the Association day he receives reasonable knowledge of the incident) to present his grievance. The supervisor will have five (5) working days to render a decision.
b) If agreement is not reached the union ▇▇▇▇▇▇▇ and/or the Business Agent of the Union may present a complaint at any time without recourse the grievance to Human Resources and/or the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of NursingCEO. Such a The grievance must be presented to Human Resources and/or the CEO within ten (10) working days of the date of its occurrence or when it came to supervisor’s decision. Human Resources and the attention of the nurse or the Association. The Director of Nursing CEO shall render a decision in writing within have five (5) working days following the day on which to render a decision.
c) If the grievance was submitted. If remains unsettled the decision is unsatisfactory to Business Manager of the nurse(s) or the AssociationUnion, Step No. 2 who may be followed accompanied by a committee of employees of the Cooperative, shall endeavor to adjust disagreements with the Labor Relations Committee of the Cooperative. A grievance hearing with the Labor Committee must be requested within ten (10) daysworking days of Human Resources and CEO’s decision. The grievance In case of failure to then reach an agreement, the matter shall be referred submitted to arbitration.
d) Notice of intent to arbitrate shall be presented in writing by registered mail by the party desiring to arbitrate to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either other party at a time mutually convenient to both parties. Within seven within thirty (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (330) days of any such discharge, discipline or suspension. Should the nurse(s) or receipt of the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten decision in step (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithc).
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within e) Within ten (10) working days after the circumstances giving rise Cooperative or the Union notifies the other of its desire to it occurred or originated therein by-passing any prior step submit the matter to arbitration, an arbitrator shall be selected from a panel of arbitrators agreed to by both parties. See Appendix A for procedures for selecting the Procedurepanel.
8.09 f) The Employer may institute a grievance consisting of an allegation of a general misinterpretation Arbitrator shall have no authority to change, alter, add or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to delete from the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) dayscontract. The Association Arbitrator’s decision within the limits of his authority shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employerparties.
g) The expense of the Arbitrator shall be born equally between the two parties.
h) Should an employee or his Union Representative fail to process a complaint at any stage within the time limits provided in this Article, the Association complaint will be treated as abandoned and no further action will be taken concerning it and the grievor involvedlast decision made by the Cooperative shall be final. In the event a grievance is conceded in this fashion, it will not be used to establish a precedent.
8.12 The Employer i) Should the representative of the Cooperative fail to process a complaint within the established time limits, the grievance will provide be conceded in favor of the necessary facilities for grievant. In the event a grievance meetingsis conceded in this fashion, it will not be used to establish a precedent.
(aj) Where a difference arises between All steps in the parties relating to the interpretationgrievance procedure and time limits specified herein may be waived, application or administration of this Agreement, including any question as to whether a matter is arbitrablereduced, or where an allegation extended by mutual consent of both parties. A waiver, reduction, or extension in one case is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tennot a precedent.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 10.01 It is the Association may present a complaint at any time without recourse to mutual desire of the formal written procedure contained herein, but in the normal course parties hereto that complaints of events grievances nurses shall be registered adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within five (5) days after the Employer circumstances giving rise to it have occurred. If the complaint is not settled, it shall be taken up as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date discussion in the following manner and sequence.
10.02 For the purposes of its occurrence or when it came this Agreement, a grievance is defined as a difference arising between the parties relating to the attention interpretation, application, administration or alleged violation of the nurse or Agreement, including any question as to whether a matter is arbitrable.
10.03 The following shall be the Associationprocedure for handling and processing grievances submitted by the nurse. The Director nurse may be accompanied by a nurse representative, if the nurse wishes, and may submit a written grievance signed by the nurse to her immediate supervisor/manager. The grievance shall identify the nature of Nursing shall render a the grievance, the provisions of this Agreement which are alleged to have been violated and the remedy which is sought. The immediate supervisor/manager will deliver her decision in writing within five (5) days following the day on which the grievance was submittedpresented to her. If Failing settlement, then: Within five (5) days following the decision is unsatisfactory under Step No.1, the nurse shall submit the written grievance to the nurse(s) Director or her designate. A meeting will be held between the Association, Step No. 2 may be followed Director or her designate and the Grievance Committee within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call It is agreed that a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson staff representative of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within desire at such meeting. The Decision of the time limits specified in the Grievance Procedure, the grieving party Director shall be entitled to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented delivered within ten (10) days after of the circumstances giving rise to meeting.
10.04 A claim by a nurse, except a probationary nurse, that she has been unjustly discharged or suspended, shall be treated as a grievance, if a written statement of such grievance is lodged by the grievance have originated or occurred. A meeting will then be held between nurse with the Employer and the Association at Step No.2 within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenfive
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 7:01 The grievance and arbitration procedures herein provided for are among the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but most important matters in the normal course successful administration of events grievances this Agreement. The procedure as hereinafter set forth shall serve as and constitute the sole and exclusive means to be utilized by the parties for the prompt disposition, decision and final settlement of a grievance arising in respect of the interpretation, application, administration or alleged violation of this Agreement, and the specifically designated grievance procedure shall be registered strictly followed.
7:02 If an Employee, the Union or Festival has a grievance, the appropriate parties shall follow the procedure specified below. All parties will make best efforts to resolve the issue with a Management representative before initiating the Employer grievance procedure. Step One: If a party as follows: A nurse(s) or the Association on their behalf or listed in its own stead may present 7.02 has a grievance in writing to the Director of Nursing. Such grievance, a grievance must be presented within ten (10) days meeting of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance parties shall be referred held to discuss the Chief Executive Officer or designate who issue. This meeting shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within be held within seven (7) days following of the meeting circumstances upon which the complaint is based were known or within five (5) days following submission ought to be reasonably known and be attended by the Chief Executive Officer, if no such meeting is heldUnion Business Agent, the Chief Executive Officer shall reply in writing to the nurse(s) appropriate Managerial Department Director or Senior Manager and the Chairperson of affected Employee (if applicable). Every effort will be made to resolve the Union Representativeissue within two (2) days. If the decision issue is unsatisfactory still outstanding the forwarding Party may proceed to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representativeStep Two. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 Two: When a grievance is submitted it shall be party, as listed in writing7.02, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish chooses to file a grievance against any such discharge, suspension or disciplinein accordance with 7.03, it shall be reduced to must do so in writing and filed within ten seven (107) days of the completion of Step One. The responding party will submit a written response within two (2) days. It is understood that probationary employees Upon receipt of the written response the parties may, with mutual consent, continue to attempt to resolve the issue or seek mediation. At any time following receipt of the written response, a griever may be suspended or discharged file for any reason, so long as the discharge or suspension was not done arbitration in a manner that was arbitrary, discriminatory or in bad faithaccordance with 7.03.
8.07 A (a) The written grievance claiming discipline, suspension or discharge without just cause may be settled by confirming referred to above shall state in concise terms: the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances matter at issue giving rise to the grievance have originated and precisely in what respect the Agreement has been seen to be violated or occurredmisinterpreted, by reference to the specific Article or Articles relied upon. A meeting will then This written grievance shall also stipulate the nature of the relief or remedy sought and shall be held between signed by the Employer Employee and counter-signed by the Association within ten appropriate ▇▇▇▇▇▇▇ or Union Business Agent (10where an Employee grievance).
(b) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, Should the grievance may not be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under settled through the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor matter will be final and binding upon sent either to arbitration or, with the Employerparties agreement, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetingsto mediation.
(ac) In any mediation, the independent mediator shall be responsible for endeavouring to mediate a resolution of the grievance. The mediator cannot impose a settlement on the parties. The mediator shall have no authority to amend, alter, or vary the Agreement. If a grievance is settled by or with the assistance of a mediator, no further action on the grievance can be taken.
(d) Where a difference arises between the parties Parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties Union or Festival may, after exhausting the Grievance Procedure all grievance procedures established by this Agreement, Agreement notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee Arbitration; provided such request is delivered to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party not later than fourteen (14) calendar days after the last step in the grievance procedure, where a decision has been rendered by one party which is not acceptable to the other party.
(e) The party desiring to submit a grievance to arbitration shall, when delivering to the other party the written request as outlined in 7.03(d), include a notice which shall state the matter at issue in concise terms and shall state precisely in what respect the Agreement is seen to have been violated or misinterpreted, by reference to the specific Article or Articles relied upon. This notice shall also stipulate the nature of the name relief or remedy sought.
(f) The Arbitrator shall have no power to add to, subtract from, modify or amend any of its appointee the provisions of this Agreement, nor to make any decision inconsistent with the provisions of this Agreement, nor to adjudicate any matter not specifically assigned to the Arbitrator by the notice to Arbitrate specified in this Article.
(g) Both parties shall share equally in any costs associated with an arbitration boardor mediation, except that both parties shall be responsible for their own legal counsel.
7:04 The time limits and the procedural requirements set out in this Article are mandatory and not merely directory; therefore failure to put a grievance in writing at the proper step in accordance with the requirements hereof shall be deemed a complete waiver and abandonment of the grievance by the grieving party.
7:05 Except as provided herein, no matter may be submitted to arbitration which has not properly been carried through all specified steps of this grievance procedure within the times specified. The two appointees so selected Notwithstanding the foregoing, a grievance may be submitted to arbitration as set out herein provided that the resolution of the grievance requires the interpretation of the provisions of a statute.
7:06 Notwithstanding the above, any of the provisions and specifically the time limits specified above, may be altered or waived by mutual Agreement of both parties, but shall within tennot be considered to have been waived by the parties or either of them unless they expressly provide a waiver thereof, in writing, signed by both parties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(semployee(s) or the Association Union may present a complaint at any time without recourse to the formal written procedure contained herein. Failure to comply with this step, but or the manner in which it is complied with shall not interfere with the formal grievance procedure, nor shall this step be subject of preliminary objections in any arbitration hearing.
8.02 At any step in the normal course of events grievances grievance procedure, including the complaint stage, the employee may be accompanied by his/her employee representative.
8.03 Grievances shall be registered with the Employer as follows: A nurse(sAn employee(s) or the Association Union on his/her/their behalf or in its own stead may present a grievance in writing to the Director of NursingCare. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse employee or the AssociationUnion reasonably ought to have been aware of this occurrence. The Director of Nursing Care shall render a decision in writing within five in ten (510) days following the day on which the grievance was submitted. If the this decision is unsatisfactory to the nurse(semployee(s) or the AssociationUnion, Step No. 2 may be followed within ten (10) days. The grievance in writing shall be referred to the Chief Executive Officer Administrator of the Home or designate who shall call a meeting with of the Union Representative Grievance Committee at the request of either party at a time mutually convenient to both parties. Within within seven (7) days of the filing of the grievance or such further period as the parties may agree. Within three (3) days following the this meeting or within five ten (510) days following the submission to the Chief Executive Officer, Administrator of the Home or designate if no such meeting is held, the Chief Executive Officer Administrator of the Home or designate shall reply in writing to the nurse(semployee(s) and the Chairperson of the Grievance Committee. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 3 may be followed within ten (10) days. Within ten (10) days after the decision is given at Step No. 2 the grievance may be referred to the Chief Administrative Officer of the County or designate and the employee accompanied by his/her representative shall meet within ten (10) working days with the Chief Administrative Officer and Committee of Management or their designates. The employee may also be accompanied by a full-time representative of the Union Representativeif so desired at this stage. The Employer will render a decision in writing within ten (10) days following such meeting. If the decision is unsatisfactory to the nurse(semployee(s) or the AssociationUnion, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this 8.04 A policy grievance procedure an aggrieved nurse, if they so desires, may be accompanied presented by a nurse representative. At Step II of either the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association Union or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within the time limits specified in at Step 2 of the Grievance Procedure, the grieving party shall be entitled to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in Notwithstanding any other provisions of this Article, should the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or Employer discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have suspend or discipline an Association representative present at any meeting to be held with employee or employees, notification by the Employer to discuss such employee or employees shall be made in the discipline, suspension or discharge. If presence of a nurse declines their right to have an Association representative present, member of the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspensionUnion. Should the nurse(semployee(s) or the Association wish to Union on his/her/their behalf file a grievance against any such the discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) daysdays under Step No. It 3 of the Grievance Procedure.
8.06 Before any grievance is understood that probationary employees submitted to arbitration, the parties may be suspended or discharged meet with a Grievance Mediator in order to attempt to resolve such grievance. The parties may refer any number of outstanding grievances to the Grievance Mediator for any reason, so long as possible resolution. Each party shall pay one-half (1/2) of the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithfees and expenses of the Grievance Mediator.
8.07 A When either party requests that a grievance claiming disciplinebe submitted to arbitration, suspension or discharge without just cause may the grievance shall be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion submitted to one of the conferring parties or following panel of sole Arbitrators: ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ If a grievance has already been submitted to one of the Panel of Arbitrators, then any subsequent grievances shall be submitted to the next Arbitrator on the Panel. In order to accept an Arbitration Boardappointment, the Arbitrator must agree to render an award within thirty (30) days of the last day of hearing.
8.08 Where In the event that the parties mutually agree to refer a dispute involving grievance to a question tripartite Arbitration Board, the party requesting arbitration shall advise the other of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted its nominee to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within Arbitration Board. Within ten (10) days after thereafter, the circumstances giving rise other party shall answer, in writing, indicating the name and address of its appointee to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) daysArbitration Board. The Association Chair shall give its decision be selected from the Panel of Arbitrators set out in writing within ten (10) days after receiving the written grievance, and failing settlementparagraph 8.07 above.
8.09 Once appointed, the grievance may be referred to Arbitration by Board or single Arbitrator shall have all the Employer powers set out in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) Section 50 of the Labour Relations Act R.S.O. 1995, c. 228, including the time limits specified in power to mediate/arbitrate the grievance and arbitration procedure are mandatory to limit evidence and not merely directory. A grievance or submission to arbitration outside submissions.
8.10 Each party shall pay the time limits herein costs and expenses of its appointees and the costs and expenses of the Chairperson shall be deemed withdrawn borne equally by the parties. Arbitration hearings shall be held in the community of the Employer or at such other places as may be agreed upon by the Union and inarbitrablethe Employer.
8.11 All agreements reached under The Arbitration Board shall not have jurisdiction to amend or add to any of the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration provisions of this Agreement, including or to substitute any question new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement.
8.12 No person may be appointed as to whether a matter is arbitrable, or where an allegation is made that this Agreement arbitrator who has been violatedinvolved in an attempt to negotiate or settle the grievance.
8.13 Any time limit referred to in the Grievance and Arbitration Procedures shall be exclusive of Saturdays, either Sundays and holidays observed by the Employer and the days off of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitrationaggrieved employee including vacation, and such limits may be extended with the notice shall contain the name agreement of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenboth parties.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 12.1: A grievance is defined as a claim reasonably and sensibly founded of an alleged violation of this Agreement. Any nurse(s) or the Association may present a complaint at any time without recourse grievance filed shall refer to the formal written procedure contained hereinspecific provision alleged to have been violated and shall adequately set forth the facts pertaining to the
12.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows:
STEP 1: The grievance shall be reduced to writing by the employee and/or Union representative and presented to the Undersheriff within the ten (10) working day period, requesting that the grievance be adjusted. The Undersheriff shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) working days of said meeting, but in no event more than six (6) working days after the normal course of events grievances grievance has been presented to the Undersheriff. The employee shall have a ▇▇▇▇▇▇▇ present. No settlement shall be registered final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the Employer as followsUndersheriff to discuss the grievance. The answer of the Undersheriff may be given verbally.
STEP 2: A nurse(s) or If the Association on their behalf or in its own stead grievance is not satisfactorily resolved at Step 1, the decision rendered may present a grievance in writing be appealed to the Director Sheriff by giving the Sheriff written notice thereof within five (5) working days following receipt of Nursingthe Undersheriff’s written answer in Step 1. Such Upon appeal, the matter shall be reconsidered at a grievance must be presented meeting scheduled within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) working days. The grievance Union shall be referred represented at this meeting by the Local President or his or her designee and the MAP Labor Relations Specialist. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply appeal in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedurefollowing such meeting.
8.09 The Employer STEP 3: In the event that the grievance is not satisfactorily resolved at Step 2, the Union may institute a grievance consisting Appeal the matter to an arbitrator by giving the Sheriff written notice of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance its intent to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented arbitrate within ten (10) working days after following receipt of the circumstances giving rise to Employer’s answer in Step 2.
12.3: If a timely request for arbitration is filed by the grievance have originated or occurred. A meeting will then be held between Union on a grievance, the Employer union shall submit a request for a panel from the Federal Mediation and Conciliation Service under the Association within ten (10) daysrules of the American Arbitration Association. The Association fees and services of the arbitrator shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration shared equally by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance Union and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, but each party shall bear the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing costs of its desire to submit the difference or allegation to arbitration, own expenses and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenwitnesses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) A. All complaints, disputes or grievances arising between the Association may present a complaint at parties hereto relating to or in connection with or involving questions of interpretation or application of any time clause of this Agreement or any acts, conduct or relations between the parties, directly or indirectly, shall be processed pursuant to this Article. Except as otherwise provided, the Union and the Employer agree that there shall be no strike or lockout or work stoppage without recourse to the formal written procedure contained having first utilized all procedures set forth herein.
STEP 1 Complaints, but in the normal course of events disputes or grievances shall be registered taken up by the delegates of the employees or by the union with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days designated representatives of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing Employer within five (5) days following after the day on which union has a reasonable opportunity to learn of the grievance was submittedexistence of a complaint, dispute or grievance. The party against whom the complaint has been filed shall have seventy-two (72) hours to provide its answer to the complaint, dispute or grievance.
STEP 2 If the decision is unsatisfactory parties are unable to settle the nurse(sdispute within thirty (30) or days after the Associationanswer of the party complained against, Step Nothe grieving party shall notify the other party, in writing, of his desire to submit the matter to arbitration. 2 may be followed within ten (10) daysAfter being notified of a desire to arbitrate, the parties shall attempt to name one impartial arbitrator. The grievance shall be referred to In the Chief Executive Officer or designate who shall call a meeting with event the Employer and the Union Representative at the request of either party at a time mutually convenient are unable to both parties. Within seven (7) days following the meeting or agree upon an impartial arbitrator within five (5) days following submission thereafter, either party may request the American Arbitration Association to submit a list of five (5) names from which the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer parties shall reply in writing to the nurse(seach strike two (2) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employernames alternatively, and the Employer may have such counsel person remaining shall then serve as the arbitrator. The parties shall determine which strikes the first name by lot and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures times provided above may be extended by mutual consentAgreement. The expenses of the arbitrator shall be shared equally by the parties. The arbitration shall be governed by the Voluntary Rules of Labor Arbitration of the American Arbitration Association and shall take place at a location to be agreed upon by the parties. If the parties are unable to agree, the location of the place, of arbitration hearing shall be decided upon by the impartial arbitrator, who shall give prime consideration to the convenience of the grievant and his witness. The sole function of the arbitrator shall be to interpret the express provisions of this Agreement and apply them to the facts of this complaint, dispute or grievance. In the event that a breach of this Agreement or any of the terms thereof has been found, the arbitrator may issue any and all mandatory directions, prohibitions, or orders directed to or against any party breaching this Agreement or any part thereof. The arbitrator shall have no power to change, amend, modify, add to or subtract from, or otherwise alter this Agreement.
8.06 A nurse B. The failure of the party against whom the complaint, dispute, or grievance is entitled prior lodged to meet with the complaining party; or the refusal of either side to submit to the imposition grievance procedure at any step or the failure to comply with the decision at any step, or the final decision of disciplinethe arbitrator, suspension withdraws the benefits of this Article insofar as the refusing party is concerned, and the other party will then be permitted all economic and legal recourse, including the right to strike or discharge, the right to lockout.
C. Any employee subject to discipline by the Employer shall be notified in writing of the charge against him or her. Such written notice shall be given written reasons for such action to the employee at least forty-eight (48) hours after he or she has been disciplined and a copy of the notification shall be sent to the Union. Any grievance relating to a discharge shall be expedited and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it matter shall be reduced to writing and filed arbitrable within ten five (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (105) working days after from the circumstances giving rise to it occurred or originated therein by-passing any prior step date of receipt of the Procedurenotification of discharge.
8.09 D. The Employer time limits set forth in this Article may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement be extended if mutually agreed to by the parties in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement (New York Regional Rail Corp)
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or The purpose of this article is to establish a procedure for the Association prompt handling of grievances. A nurse representative may present a complaint assist the grievor at any time without recourse stage of the grievance procedure if so requested. Prior to the formal written procedure contained hereindiscipline or discharge, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(sshall notify the nurse, in advance, of her entitlement to union representation.
(a) or For the Association on their behalf or in its own stead may present purpose of this Agreement, a grievance in writing to is defined as a difference arising between the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates parties relating to the interpretation, application, administration or administration alleged violation of this Agreement, the Agreement including any question as to whether a matter is arbitrable.
8.02 At (b) It is the first step mutual desire of this grievance procedure an aggrieved nursethe parties hereto that complaints of nurses shall be adjusted as quickly as possible, if they so desires, may be accompanied by and it is understood that a nurse representativehas no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. At Step II Such complaint shall be 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 nurse and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of her immediate supervisor's decision in the following manner and sequence: The nurse may submit a written grievance, signed by the nurse to her immediate supervisor. The grievance shall identify the nature of the grievance procedure and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her. Failing settlement, then: Within nine (9) days following the decision in Step No. 1, the grievance may be submitted in writing to the Administrator or designate. A meeting will then be held between the Administrator or designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. 2, unless extended by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses’ ' Association and the grievor may be present at the request of meeting. It is further understood that the local Association Administrator or the Employer, and the Employer designate may have such counsel and assistance as he may desire at such meeting. The decision of the Employer shall be delivered in writing within nine (9) calendar days following the date of such meeting. A copy of the second step grievance reply will be provided to the Labour Relations Officer. If the grievance is not settled, it may decidebe referred to arbitration as hereinafter provided.
8.03 Where no answer is given within Should the time limits specified Employer discharge or suspend any nurse(s), without just cause, notification by the Employer to such nurse(s) shall be made in the Grievance Procedure, presence of a Nurse Representative. The nurse(s) and the grieving party Association shall be entitled to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given provided with written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline discharge or suspension. Should the nurse(s) or the Association wish to file a grievance grievance, in accordance with this agreement, against any such discharge, suspension or disciplinethis action, it shall be reduced to in writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion under Step 2 of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 8.1: A grievance is defined as a claim reasonably and sensibly founded on an alleged violation of this Agreement. Any nurse(s) or the Association may present a complaint at any time without recourse grievance filed shall refer to the formal written procedure contained herein, but in specific provision alleged to have been violated and shall adequately set forth the normal course of events facts pertaining to the alleged violation. All grievances shall be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented commenced within ten (10) days following the incident which caused the grievance. Any claims not conforming to the provisions of this definition shall be automatically defined as not constituting a valid grievance.
8.2: An employee having a grievance in connection with the terms of this Agreement shall present it as follows. Both parties must mutually agree to waive any step in the grievance process.
STEP 1 The grievance shall be verbally presented by the employee and Union representative to his/her immediate supervisor within said ten (10) day period, requesting that the grievance be adjusted. The supervisor shall meet with the employee to discuss the grievance and will attempt to respond to said grievance within three (3) days of said meeting, but in no event more than six (6) days after the grievance has been presented to the supervisor. He/she shall have his/her ▇▇▇▇▇▇▇ present. No settlement shall be final and binding until it has been approved by the Sheriff or his designated representative. The employee shall suffer no loss of pay for the time spent with the supervisor to discuss the grievance. The answer of the date immediate supervisor may be given verbally. STEP 2 If the answer of its occurrence or when it came the immediate supervisor received in Step 1 is not satisfactory to the attention employee, the grievance shall be appealed within three (3) days of receipt of the nurse answer in Step 1 by submitting the grievance in writing, specifying the provisions of the contract allegedly violated and the facts thereof, and by signing his/her name to the grievance, to the Division Commander, or his/her designated representative. A copy of the Associationgrievance shall be sent to the Labor Relations Manager of the County. Within five (5) days following receipt of the written grievance, the Division Commander, or his/her representative, shall schedule a meeting with the ▇▇▇▇▇▇▇ and the affected employee for the purpose of discussing the grievance. The Director of Nursing Division Commander, or his/her representative, shall render submit a written answer to the affected employee and the ▇▇▇▇▇▇▇ within ten (10) days following such meeting. STEP 3 If the grievance is not satisfactorily resolved at Step 2, the decision in writing rendered may be appealed to the Sheriff by giving the Sheriff written notice thereof within five (5) days following receipt of the day on which Division Commander's written answer in Step 2. Upon appeal, the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may matter shall be followed recon- sidered at a meeting scheduled within ten (10) days. The grievance Union shall be referred represented at this meeting by the ▇▇▇▇▇▇▇ and the business agent. The Employer shall be represented by the Sheriff and/or other Employer representatives. The Sheriff shall reply to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision appeal in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedurefollowing such meeting.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the 10.01 The Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with and the Union Representative at the request of either party at agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if nurse has no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) grievance until she has first discussed her complaint with her Nurse Manager and the Chairperson of matter has not been resolved. In computing the Union Representative. If the decision days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted,
10.02 A formal grievance is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to defined as an alleged difference over the interpretation, application, administration or administration alleged violation of this Agreement, Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement and must be filed within ten (10) days of the circumstance giving rise to the grievance.
8.02 At 10.03 The following shall be the first step procedure for handling and processing grievances submitted by the employee. The employee may submit a grievance in writing to her immediate supervisor, and Executive Director or designate who shall give her decision within five (5) days of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II receipt of the grievance. If the grievance procedure is not satisfactorily resolved at Step #1, the employee may submit the written grievance to the Executive Director or her designate within five (5) days following the decision in Step #1. A meeting will be held between the Employer and the grievance committee within ten (10) days of the referral. It is agreed that a staff representative of the Ontario Nurses’ Association Union may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer desire at the meeting. The Employer’s decision will be delivered within five (5) days of the meeting. An employee 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.
8.04 When be represented by a grievance is submitted it shall be in writing, clearly setting forth the nature union representative or another available bargaining unit member of the grievance, and employee’s choice. In the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition case of discipline, suspension or discharge, to be given written reasons for such action and the Employer must shall notify the nurse employee of their this right to have in advance.
10.04 A claim by an Association representative present at any meeting to employee, except for a probationary employee, that she has been unjustly discharged or suspended shall be held treated as a grievance if a written statement of such grievance is lodged by the employee with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association at Step #2 within three five (35) days of any such discharge, discipline or suspension. Should after the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as date the discharge or suspension was not done is imposed A claim by an employee, except a probationary employee, that she has been unjustly disciplined (other than discharge or suspension) shall be treated as a grievance if lodged by the employee in a manner that was arbitrary, discriminatory or accordance with the time limits and procedures set out in bad faithArticles 10.02 and 10.03.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 10.05 Where a dispute involving a question number of general application or interpretation occurs or where nurses have identical grievances and each nurse would be entitled to grieve separately, they may present a group of employees or the Association has a grievance, such a question or grievance may be directly submitted in writing signed by each nurse who is grieving to the 2nd Step of the Grievance Procedure as outlined management within ten fourteen (1014) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) calendar days after the circumstances giving rise to the grievance having occurred or ought to have originated or occurredcome to the attention of the nurse(s). A meeting will The grievance shall then be held treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the processing of such grievance.
10.06 A grievance arising between the Employer and the Association within ten (10) days. The Association shall give its decision Union concerning the interpretation, application, administration or alleged violation of this Collective Agreement may be submitted in writing at Step #2 within ten (10) days after receiving following the written circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such nurse(s) could have herself instituted and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the regular grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will shall not be final and binding upon the Employer, the Association and the grievor involvedthereby bypassed.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 The Parties agree that a grievance shall be any disagreement respecting the interpretation or application of the collective agreement. The Parties agree that they shall endeavour to settle a grievance as promptly as possible.
8.02 The Parties agree that it is preferable to resolve any problems by way of discussion between the persons concerned prior to filing a written grievance. To this end, the employee, accompanied by a member of the Grievance Committee if they so wish, may discuss a potential grievance with the immediate supervisor.
8.03 In all cases of grievance, the University and the Union agree to use the following procedure:
a) Any nurse(sgrievance (whether an individual, a collective or a Union grievance) or the Association may present a complaint at any time without recourse is submitted directly to the formal written procedure contained hereinHuman Resources Department, but in (i.e the normal course of events grievances shall be registered Employee and labour Relations unit) with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing copy to the Director of Nursing. Such a grievance must be presented immediate supervisor and to the Union, within ten thirty (1030) working days of the date incident or awareness of its occurrence or when it came the incident which gave rise to the attention grievance.
b) At the request of either party, a meeting between the nurse or grievance committee and the Association. University may take place within the fifteen (15) working days following the filing of a grievance.
c) The Director of Nursing shall University must render a decision in writing within five thirty (530) working days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call of their reception of a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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 stepgrievance.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures The Union may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such dischargeon behalf of an employee, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or all of the Association has a grievance, employees. In such a question or grievance may be directly submitted case, the Union must follow to the 2nd Step procedure provided for in clause 8.03.
8.05 A grievance is presented either in French or in English, and contains a summary of the Grievance Procedure facts written in such a way as outlined within ten (10to be able to identify the problem raised, as well as the redress sought and, as an indication, the article or articles in the collective agreement which is(are) working days after concerned.
8.06 An employee who files a grievance must not in any way be penalized or inconvenienced as a result.
8.07 The discussions between the circumstances giving rise to it occurred or originated therein by-passing any prior step Parties concerning a grievance are held between the members of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated committee and signed, by forwarding a written statement of said grievance to the local representative representatives of the bargaining unitUniversity designated for this purpose. Nevertheless, the Parties may invite other people to participate in the discussion, with a copy reasonable delay given to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedureother party.
8.10 Subject 8.08 The employee who files a grievance has a right to subsection 48(16) be present at all stages of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedures. However, the final decision on the ruling of a grievance will take place between the members of the grievance committee and the authorized representative(s) of the University.
8.09 No employee shall suffer loss of pay for any time spent with representatives of the University or with members of the grievance committee during regular work hours for the purpose of discussing a grievance. During an arbitration hearing, the members of the grievance committee, the grievor, the employee(s) who are implicated or any other employee who serves as a witness are granted leave, without loss of pay, to attend. Any meeting regarding a grievance between members of the grievance committee and the employees implicated in the grievance shall be held in a confidential location. The time and reasonable duration of the meeting must be agreed to with the immediate supervisor. Moreover, a period of three (3) hours without loss of pay is granted to employees referred to in the present clause within the two (2) weeks preceding the arbitration hearing.
8.10 Having completed the procedure are mandatory and not merely directory. A provided in clause 8.03, the Union may submit the grievance or submission to arbitration outside by informing the time limits herein shall be deemed withdrawn Human Resources Department (i.e. the Employee and inarbitrableLabour relations unit) within thirty (30) working days following the expiry of the delay provided for in paragraph 8.03 c).
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where Unless otherwise agreed to by the Parties, all grievances are heard before a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tensingle arbitrator.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s10.1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement.
10.2 Thus, should grievances arise other than from cases of discharge and/or suspension, the grievant shall use the following procedures. This grievance procedure is the sole and exclusive avenue of redress available to any bargaining unit member. No person covered by this agreement shall use the grievance procedure in the City Personnel Manual for any purpose whatsoever.
STEP 1 In the event an employee believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance with the immediate supervisor, either privately, or if the employee prefers, accompanied by the on-site Federation representative within five (5) or working days of the Association may present a complaint at any time without recourse date of the occurrence of the event giving rise to the formal written procedure contained herein, but in grievance. The supervisor shall then respond within five (5) working days.
STEP 2 In the normal course of events grievances shall be registered event the grievant and/or the Federation is not satisfied with the Employer as follows: A nurse(s) or decision of the Association on their behalf or in its own stead may supervisor, the grievant and/or the on-site Federation representative shall present a the grievance in writing to the Director of Nursing. Such a grievance must be presented employee’s department director within ten seven (107) working days of the date of its occurrence or when it came the aforesaid decision. Upon presentation of this written grievance to the attention of department director, and within seven (7) working days thereafter, the nurse or department director, the Associationemployee and the on-site Federation representative shall attempt to resolve the dispute. The Director of Nursing Within seven (7) working days thereafter, the department director shall render a decision in writing within five (5) days following to both the day on which the grievance was submitted. If the decision is unsatisfactory employee and to the nurse(s) or on-site Federation representative. In the Associationevent the grievant and/or the Federation is not satisfied with the written answer to Step 2 above, Step No. 2 may be followed within ten (10) days. The the grievance shall be referred presented within seven (7) working days after the written answer above to the Chief Executive Officer City Manager or designate designee, who shall call will, within seven (7) working days of the receipt of same, meet with a meeting with representative of the Union Representative at Federation in an attempt to resolve the request of either party at a time mutually convenient to both partiesgrievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within seven (7) working days following after this meeting, the meeting City Manager or designee shall render a decision in writing.
10.3 In the event an employee is discharged or suspended by the City, the employee shall, within five seven (57) days following submission working days, grieve his discharge and/or suspension to the Chief Executive OfficerCity Manager or designee who shall, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(swithin seven (7) and the Chairperson working days of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II receipt of the grievance procedure same, meet with a representative of the Ontario Nurses’ Association may Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative shall also be present at present. Within seven (7) working days after this meeting, the request of the local Association City Manager or the Employer, and the Employer may have such counsel and assistance as it may decidedesignee shall render his decision in writing.
8.03 Where no answer is given 10.4 The time limitations provided in this Article shall be strictly observed. An employee covered by this Agreement may withdraw a grievance at any point by submitting, in writing, a statement to that effect, or by permitting the time requirements to lapse. Any grievance not advanced by the employee or employees to the next higher step within the time limits specified in the Grievance Procedure, the grieving party provided shall be entitled to submit deemed permanently withdrawn and as having been settled on the basis on the most recent response. A grievance not answered by the City within the time limits provided shall be automatically advanced to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures higher level. These time limitations may be extended only by mutual consentwritten agreement of the parties.
8.06 A nurse is entitled prior 10.5 Application to this procedure shall prevent the imposition of discipline, suspension grievant from appealing to any other available procedure or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithvisa-versa.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming 10.6 Nothing in this Article shall require the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion Federation to process grievances for employees who are not members of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievanceFederation, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing in conformity with Florida law. 10.7 Notwithstanding any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation section of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violatedArticle, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenmay request that
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 7.01 In order to ensure that complaints of Nurses shall be remedied as quickly as possible, the Association may present a complaint at any time without recourse to parties agree that the formal written procedure contained herein, but in the normal course of events for submitting and dealing with grievances shall be registered with the Employer as follows: A nurse(s) or It is understood that a Nurse has no grievance until the Association on their behalf or in its own stead may present Nurse has first given the Nurse’s Program Manager an opportunity to adjust the Nurse’s complaint. If a grievance in writing to Nurse has a complaint, the Director Nurse shall, with the assistance of Nursing. Such a grievance must be presented within ten (10) days member of the date of its occurrence or when Grievance Committee if desired, discuss it came to with the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing Nurse’s Program Manager within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance complaint have originated or occurred, or within five (5) working days of the time the Nurse reasonably ought to have known of the circumstances. A The Program Manager shall communicate her/his reply to the complainant within three (3) working days and if not satisfied, the complainant may file a written grievance in the following manner and sequence: The Nurse may with the assistance of a member of the Grievance Committee if desired, submit a written grievance signed by the Nurse to the Director, Public Health within five (5) working days after the Nurse has received the reply of the Program Manager. The Director, Public Health will schedule a meeting will then be held between within seven (7) working days, with the Employer Grievance Committee to discuss the grievance. The nature of the grievance and the Association within ten (10) daysremedy sought shall be clearly set out in the grievance. The Association shall give its Director, Public Health will deliver her/his decision in writing within ten five (105) working days after receiving from the date of the meeting to the Bargaining Unit President. Failing settlement, then: Within five (5) working days following the decision under Step No. 1, the Nurse must, with the assistance of a member of the Grievance Committee if desired, present the written grievance to the General Manager, Health and Family Services who will schedule a meeting within seven (7) working days, with the Grievance Committee, to discuss the grievance. The General Manager, Health and failing Family Services will give her/his decision in writing within five (5) working days from the date of the meeting to the Bargaining Unit President and copied to the Labour Relations Officer. Failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation submitted to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 10.01 It is the Association may present a complaint at any time without recourse to mutual desire of the formal written procedure contained herein, but in the normal course parties hereto that complaints of events grievances nurses shall be registered adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within seven (7) days after the Employer circumstances giving rise to it have occurred. If the complaint is not settled, it shall be taken up as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date discussion in the following manner and sequence.
10.02 For the purposes of its occurrence or when it came to this Agreement, a grievance is defined as a difference arising between the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates parties relating to the interpretation, application, administration or administration alleged violation of this the Agreement, including any question as to whether a matter is arbitrable.
8.02 At 10.03 The following shall be the first step of this grievance procedure an aggrieved for handling and processing grievances submitted by the nurse, if they so desires, . The nurse may be accompanied by a nurse representative, if the nurse wishes, and may submit a written grievance signed by the nurse to her immediate supervisor/manager. At Step II The grievance shall identify the nature of the grievance, the provisions of this Agreement which are alleged to have been violated and the remedy which is sought. The immediate supervisor/manager will deliver her decision in writing within seven (7) days following the day on which the grievance procedure was presented to her. Failing settlement, then: Within seven (7) days following the decision under Step No.1, the nurse shall submit the written grievance to the Director or her designate. A meeting will be held between the Director or her designate and the Grievance Committee within ten (10) days. It is agreed that a staff representative of the Ontario Nurses’ Association Union may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within desire at such meeting. The Decision of the time limits specified in the Grievance Procedure, the grieving party Director shall be entitled to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed delivered within ten (10) days. It days of the meeting.
10.04 A claim by a nurse, except a probationary nurse, that she has been unjustly discharged or suspended, shall be treated as a grievance, if a written statement of such grievance is understood that probationary employees may be suspended or discharged for any reason, so long as lodged by the nurse with the Employer at Step No.2 within seven (7) days after the date the discharge or suspension was not done is imposed. A claim by a nurse, except a probationary nurse, that she has been unjustly disciplined (other than discharge or suspension) shall be treated as a grievance if lodged by the employee in a manner that was arbitrary, discriminatory or accordance with the time limits and procedures set out in bad faithArticles 10.01 and 10.03.
8.07 10.05 At the time formal discipline (including discharge) is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance.
10.06 A grievance claiming disciplinearising between the Employer and the Union concerning the interpretation, suspension application, administration or discharge without just cause alleged violation of this Collective Agreement may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd at Step of the Grievance Procedure as outlined No.2 within ten (10) working days after following the circumstances giving rise to it occurred this grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or originated therein by-passing any prior step of nurses which such nurse could have herself instituted and the Procedureregular grievance procedure shall not be thereby be bypassed.
8.09 The Employer 10.07 Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately, they may institute present a group grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signedsigned by each nurse who is grieving, by forwarding a written statement of said grievance to the local representative of the bargaining unitDirector or her designate, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or having occurred. A meeting will The grievance shall then be held between treated as being initiated at Step No.2 and shall continue through the Employer procedure as outlined above.
10.08 Failing settlement of any grievance under the foregoing procedure, the grievance may be submitted to arbitration as hereinafter provided. If no written notice of referral to arbitration is received within twelve (12) days after the decision under Step No.2 is given, the grievance shall be deemed to have been abandoned. When either party wishes to have a grievance referred to arbitration it shall be given written notice of such referral to the other party within the time limits set out above, and at the Association within same time appoint its nominee to the Arbitration Board. Within ten (10) days, the other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the party invoking the arbitration procedure. The Association two nominees shall give its decision in writing within ten (10) days after receiving attempt to select, by agreement, a chairperson of the written grievance, and failing settlement, the grievance Arbitration Board.
10.09 No matter may be referred submitted to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) arbitration which has not been properly carried through all requisite steps of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrableprocedure.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) The Employer and the Association agree that it is important to resolve complaints and grievances as quickly as possible. The Nurse, the Association or the Association Employer may present a complaint at any time without recourse to the formal written procedure contained hereingrievance procedure. In computing the days for taking any action or giving any notice, but Saturdays, Sundays or holidays as defined in Article shall not be counted. At the normal course time formal discipline is imposed or at any stage of events grievances shall the grievance procedure, including the complaint stage, a nurse is entitled to be registered with represented by her nurse representative. In the case of suspension or discharge, the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of shall notify the nurse or the Associationof this right in advance. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The A grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to defined as an alleged difference over the interpretation, application, administration or administration alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At . Step One: It is the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II mutual desire of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party parties to this agreement that differences shall be entitled to submit the grievance to the next step.
8.04 When a grievance is submitted resolved as as possible and it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined discussed within ten (10) working days after the circumstances giving rise to it have occurred or originated therein by-passing any prior step ought reasonably to have come to the attention of the Procedure.
8.09 The Employer may institute nurse. Mer the discussion, the supervisor shall confirm her response in writing. Failing settlement within five (5)working days, it shall be taken up as a grievance consisting within five (5) working days following receipt of an allegation of the immediate supervisor's decision. Step Two: A nurse will submit a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance writing to the local representative Executive Director stating the nature of the bargaining unitgrievance, with a copy to the Employment Relations Officer remedy sought and the provisions of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise Agreement which are alleged to the grievance have originated or occurredbeen violated. A meeting will then be held between the Employer and The Director shall meet with the Association within ten (10) days. The Association working days of the referral and shall give its render her decision in writing within ten (10) working days of such meeting. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising a right under this Agreement. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the with the Employer at Step Two within five (5) working days after receiving the written grievance, and failing settlement, date the discharge or suspension is affected. Such special grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached settled under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application Grievance or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Arbitration Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenby:
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s10.1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement.
10.2 Thus, should grievances arise other than from cases of discharge and/or suspension, the grievant shall use the following procedures. This grievance procedure is the sole and exclusive avenue of redress available to any bargaining unit member. No person covered by this agreement shall use the grievance procedure in the City Personnel Manual for any purpose whatsoever.
STEP 1 In the event an employee believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance with the immediate supervisor, either privately, or if the employee prefers, accompanied by the on-site Federation representative within five (5) or working days of the Association may present a complaint at any time without recourse date of the occurrence of the event giving rise to the formal written procedure contained herein, but in grievance. The supervisor shall then respond within five (5) working days.
STEP 2 In the normal course of events grievances shall be registered event the grievant and/or the Federation is not satisfied with the Employer as follows: A nurse(s) or decision of the Association on their behalf or in its own stead may supervisor, the grievant and/or the on-site Federation representative shall present a the grievance in writing to the Director of Nursing. Such a grievance must be presented employee's department director within ten seven (107) working days of the date of its occurrence or when it came the aforesaid decision. Upon presentation of this written grievance to the attention of department director, and within seven (7) working days thereafter, the nurse or department director, the Associationemployee and the on-site Federation representative shall attempt to resolve the dispute. The Director of Nursing Within seven (7) working days thereafter, the department director shall render a decision in writing within five (5) days following to both the day on which the grievance was submitted. If the decision is unsatisfactory employee and to the nurse(s) or on-site Federation representative. In the Associationevent the grievant and/or the Federation is not satisfied with the written answer to Step 2 above, Step No. 2 may be followed within ten (10) days. The the grievance shall be referred presented within seven (7) working days after the written answer above to the Chief Executive Officer City Manager or designate designee, who shall call will, within seven (7) working days of the receipt of same, meet with a meeting with representative of the Union Representative at Federation in an attempt to resolve the request of either party at a time mutually convenient to both partiesgrievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within seven (7) working days following after this meeting, the meeting City Manager or designee shall render a decision in writing.
10.3 In the event an employee is discharged or suspended by the City, the employee shall, within five seven (57) days following submission working days, grieve his discharge and/or suspension to the Chief Executive OfficerCity Manager or designee who shall, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(swithin seven (7) and the Chairperson working days of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II receipt of the grievance procedure same, meet with a representative of the Ontario Nurses’ Association may Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative shall also be present at present. Within seven (7) working days after this meeting, the request of the local Association City Manager or the Employer, and the Employer may have such counsel and assistance as it may decidedesignee shall render his decision in writing.
8.03 Where no answer is given 10.4 The time limitations provided in this Article shall be strictly observed. An employee covered by this Agreement may withdraw a grievance at any point by submitting, in writing, a statement to that effect, or by permitting the time requirements to lapse. Any grievance not advanced by the employee or employees to the next higher step within the time limits specified in the Grievance Procedure, the grieving party provided shall be entitled to submit deemed permanently withdrawn and as having been settled on the basis on the most recent response. A grievance not answered by the City within the time limits provided shall be automatically advanced to the next stephigher level. These time limitations may be extended only by written agreement of the parties.
8.04 When 10.5 Application to this procedure shall prevent the grievant from appealing to any other available procedure or visa-versa.
10.6 Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation, in conformity with Florida law.
10.7 Notwithstanding any section of this Article, either party may request that an independent third party serve in the capacity as a mediator or fact-finder in an effort to assist the parties in resolving the grievance is submitted it shall be prior to proceeding to arbitration. Both parties to the grievance must concur with proceeding to mediation or fact-finding in order to proceed with the mediation or fact-finding.
10.8 In the event any dispute and/or difference, including discharge and suspension, has been properly processed through the grievance procedure without resolution, the Federation may demand arbitration and this demand, in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may shall be extended by mutual consent.
8.06 A nurse is entitled prior presented to the imposition of discipline, suspension City Manager or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed designee within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as working days from the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithreceipt of the decision of the previous step.
8.07 A grievance claiming discipline, suspension or discharge without just cause may 10.9 The arbitrator shall be settled appointed by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion mutual consideration of the conferring parties. In the event the parties or an Arbitration Board.
8.08 Where are unable to agree upon a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined neutral arbitrator within ten (10) working days after the circumstances giving rise arbitration is invoked, either party may petition the Federal Mediation and Conciliation Service and request a list of seven (7) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to it occurred or originated therein by-passing any prior step of preside as a neutral at the Procedurehearing involving the grievance.
8.09 10.10 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement decision of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association arbitrator shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employerboth parties. The arbitrator shall not be empowered to alter, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretationamend, application add to, or administration eliminate any provisions of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either . Expenses of the parties may, after exhausting the Grievance Procedure established arbitrator shall be borne equally by this Agreement, notify the other both parties. Each party in writing of shall pay its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenown expenses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 10.01 The grievance procedure set forth in this Article is for the Association may present a complaint at any time without recourse to purpose of assuring proper administration of the formal written procedure contained herein, but in Agreement. It is the normal course desire of events both parties that grievances shall be registered settled and remedied at the lowest possible step of the grievance procedure.
10.02 A grievance is an alleged violation of a specific Article or Section of this Agreement.
10.03 Employees in their "Orientation Period", temporary and contract employees shall not be entitled to use this grievance procedure for any/all disciplinary actions that are taken by the Employer. The review process hereinafter set forth shall be the sole method for resolution of grievances. All time limits set forth herein must be strictly adhered to, unless otherwise agreed in writing by both parties. A grievance not advanced to the next higher level within the time limit provided shall be deemed permanently withdrawn as having been settled on the basis of the answer most recently given.
10.04 Employees shall have the right to the assistance of a ▇▇▇▇▇▇▇ or Union Representative as set forth under the law or by this Agreement.
10.05 All grievances arising between the Union and the Employer shall be settled in accord with the following procedure and the terms of this Article. Any grievance filed to protest the discharge of an employee shall be in writing and shall be submitted within thirty ( 30 ) calendar days following discharge directly to the Executive Director as a Step II grievance. In recognition of the agreed procedure party's intent to resolve for resolving all disputes collaboratively, during the grievance and arbitration process, no employee, the Union, or Employer as followsshall disparage or bring to public attention any grievance dispute between them.
Step I: A nurse(s) The employee, either alone or the Association on their behalf with a ▇▇▇▇▇▇▇ or in its own stead Unit Representative, may present initiate a grievance in writing by submitting a written request to the Director of Nursing. Such a grievance must be presented Human Resources to meet within ten fourteen (1014) calendar days of the date occurrence of its occurrence or when it came the events giving rise to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submittedgrievance. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson occurrence of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances events giving rise to the grievance have originated or occurred. A meeting will then be held between are not known to the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlementemployee, the grievance may be referred to Arbitration by the Employer in accordance employee must request a meeting with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, their manager within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenthirty
Appears in 1 contract
Sources: Union Representation Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(sSection 1. A grievance within the meaning of this Agreement shall be any difference of opinion, controversy or dispute arising between the parties hereto relating to any matter of wages, hours and working conditions, or any dispute between the parties involving interpretation or application of any provisions of this Agreement and shall be processed in the following manner:
(a) or An aggrieved employee must first present the Association may present a complaint at any time without recourse grievance to the formal written procedure contained herein, but in Employer and/or the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing Union ▇▇▇▇▇▇▇ within five (5) working days following after the day on which event giving rise to the grievance, or when the employee first became aware of it.
(b) If the grievance was submitted. If is not settled in the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or first step within five (5) working days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer it shall reply be presented in writing through the Union, to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedurethereafter.
8.09 The Employer may institute a (c) If no agreement can be reached on the grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) working days from the date it was first presented to the Employer, either the Union or the Employer may request in writing that the matter be submitted to the Board of Adjustment within three (3) working days thereafter. The Board of Adjustment shall be comprised of two (2) representatives of the Union to be selected by the Union and two (2) representatives of the Employer to be selected by the Employer involved in the grievance. The Board of Adjustment shall render its decision within five (5) working days after submission.
(d) If the circumstances giving rise Board of Adjustment is unable to reach a decision in five (5) working days, they shall endeavor to mutually select an impartial arbitrator to render a decision which shall be final and binding on all parties to the grievance have originated or occurredgrievance. A meeting will then be held between If the Employer and the Association Union cannot agree upon an Arbitrator within ten the seventy-two (1072) dayshours, a joint request will be made to the Federal Mediation and Conciliation Service to forward a list of five (5) impartial arbitrators with each side having the privilege of scratching two (2). The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) Decision of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission arbitrator to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon with the Employerexpense of the arbitrator to be divided equally between the parties. Time limits set forth shall exclude Saturday, Sundays and Holidays. Time limits may be extended by mutual onset of the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetingsparties.
(ae) Where a difference arises between the parties relating Nothing contained herein may be interpreted to permit or grant power to the interpretationarbitrator to alter, application amend, modify or administration of this Agreement, including otherwise change any question as to whether a matter is arbitrable, terms or where an allegation is made that this Agreement has been violated, either conditions of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tencollective bargaining agreement.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances A grievance under this agreement shall be registered with defined as any difference or dispute between the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates any employee covered under this agreement relating to the interpretation, application, application or administration of this Agreementagreement, including any question questions as to whether a the matter is arbitrablearbitrable and the allegation that this agreement has been violated.
(a) The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or their immediate supervisor who is not a member of the bargaining unit, at the first opportunity.
(b) An Employee shall not leave her regular duties in order to submit a grievance until she has first secured permission from her immediate supervisor. Such permission shall not be unreasonably withheld and shall be granted prior to the end of the shift.
8.02 At the first step In all steps of this grievance procedure an aggrieved nurseemployee, if they she so desires, desires may be accompanied by or represented by her Union Representative. If a nurse Union Representative is not available, ONA shall appoint a designate as representative. At Step II 1 of the grievance procedure a representative Representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decideeither party.
8.03 Where no answer is given within Should any dispute arise between the time limits specified in Employer and an employee, or between the Grievance ProcedureEmployer and the Union, as to the grieving party interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an ▇▇▇▇▇▇▇ effort shall be entitled made to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for settle such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed differences within ten (10) working days of the occurrence. If further action is to be taken, then within ten (10) working days of the discussion, the employee, who may request the assistance of her or his Union Reprepresentative, shall submit the written grievance to the Administrator. A meeting will be held between the parties within ten (10) working days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in The Administrator shall give a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion written decision within ten (10) working days of the conferring parties meeting to the Labour Relations Officer. Should the Administrator fail to render his decision or an Arbitration Board.
8.08 Where failing settlement of any grievance under the foregoing procedure, including any questions as to whether a dispute involving matter is arbitrable then a question meeting will be held at which shall attend, the Director of general application or interpretation occurs or where a group of employees or Human Resources and the Association has a grievanceLabour Relations Officer, such a question or if no settlement is reached, then the grievance may be directly submitted referred to arbitration by either party. If no written notice of intent to submit the 2nd Step of the Grievance Procedure as outlined matter for arbitration is received within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it decision under Step No. 2 is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlementreceived, the grievance may shall be referred deemed to Arbitration have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance, the article of the agreement that is alleged to have been violated and the remedy sought by the Employer in accordance with the Arbitration proceduregrievor.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time 8.05 Time limits specified fixed in the grievance and arbitration procedure are mandatory and procedures may be extended only by written, mutual consent of the parties. Should the Employer not merely directory. A grievance or submission respond within the time(s) fixed, such failure to arbitration outside the time limits herein respond shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under to be a denial of the grievance. Should a grievance procedure between not be submitted within the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of various time limits specified in this Agreement, including any question as unless mutually extended, it shall be considered to whether a matter is arbitrable, have been settled or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenabandoned.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on her/their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they she so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their her right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their her right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them her whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenten (10) days of the appointment of the second of them, appoint a third person who shall be Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario, upon request of either party.
(b) Within ten (10) days of the receipt of notice referred to in Article 8.13 (a) above, either party may require a process for a sole arbitrator, selected from the panel set out in Schedule "C", where the grievance concerns:
i) a job posting ii) a short term layoff
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 It is the mutual desire of the parties that grievances shall be adjusted as quickly as possible. It is understood that a nurse has no grievance until she or he has first given her or his immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) working days after the circumstances giving rise to the complaint became known to the nurse, or ought to have become known to the nurse. If the supervisor is unable to adjust the complaint to the nurse's satisfaction within five (5) working days, the nurse may proceed with the grievance procedure at Step 1.
8.02 A grievance is defined as a complaint relating to the interpretation, application, administration or alleged violation of this Agreement.
8.03 Any nurse(s) or the Association may present Union making a complaint and/or grievances shall have the right of Union representation at any time without recourse to or all steps of the formal written procedure contained herein, but in grievance procedure. The Employer shall inform the normal course nurse(s) of events this right. All grievances shall be registered with taken up in the Employer as followsfollowing manner: A Any nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such having a grievance must be presented submit the written grievance form to her or his immediate supervisor within ten (10) working days of the date of its occurrence or when it came supervisor’s response to the attention nurse's verbal complaint. The grievance shall identify the nature of the grievance, the relevant articles of the Agreement and the remedy requested. Her or his supervisor shall reply in writing to the nurse within ten (10) working days from the date the complaint or grievance was brought to her or his attention. If further action is to be taken, then within ten (10) working days after the Associationdecision is rendered in Step #1, the nurse shall submit the grievance to the Administrator. A meeting will then be held between the Administrator and the nurse(s), the Grievance Committee and the Labour Relations Officer at a time mutually agreeable to the Employer and the Union. The Director decision of Nursing the Administrator shall be given in writing within ten (10) working days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render a decision in writing within five (5) days following the day on which the grievance was submitted. If or if the decision is unsatisfactory to the nurse(s) nurse or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the AssociationUnion, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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 stepArbitration.
8.04 When a grievance is submitted it Should the Employer discharge, suspend or discipline any nurse(s), notification by the Employer to such nurse(s) shall be made in writing, clearly setting forth the nature presence of the grievance, a Nurse Representative. The nurse(s) and the remedy sought.
8.05 Time limits fixed in Nurse Representative shall be provided with written reasons for the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of disciplinedischarge, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, a suspension or disciplinedischarge, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd under Step #2 of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s10.1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement.
10.2 Thus, should grievances arise other than from cases of discharge and/or suspension, the grievant shall use the following procedures. This grievance procedure is the sole and exclusive avenue of redress available to any bargaining unit member. No person covered by this agreement shall use the grievance procedure in the City Personnel Manual for any purpose whatsoever.
STEP 1 In the event an employee believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance with the immediate supervisor, either privately, or if the employee prefers, accompanied by the on-site Federation representative within five (5) or working days of the Association may present a complaint at any time without recourse date of the occurrence of the event giving rise to the formal written procedure contained herein, but in grievance. The supervisor shall then respond within five (5) working days.
STEP 2 In the normal course of events grievances shall be registered event the grievant and/or the Federation is not satisfied with the Employer as follows: A nurse(s) or decision of the Association on their behalf or in its own stead may supervisor, the grievant and/or the on-site Federation representative shall present a the grievance in writing to the Director of Nursing. Such a grievance must be presented employee's department director within ten seven (107) working days of the date of its occurrence or when it came the aforesaid decision. Upon presentation of this written grievance to the attention of department director, and within seven (7) working days thereafter, the nurse or department director, the Associationemployee and the on-site Federation representative shall attempt to resolve the dispute. The Director of Nursing Within seven (7) working days thereafter, the department director shall render a decision in writing within five (5) days following to both the day on which the grievance was submitted. If the decision is unsatisfactory employee and to the nurse(s) or on-site Federation representative.
STEP 3 In the Associationevent the grievant and/or the Federation is not satisfied with the written answer to Step 2 above, Step No. 2 may be followed within ten (10) days. The the grievance shall be referred presented within seven (7) working days after the written answer above to the Chief Executive Officer City Manager or designate designee, who shall call will, within seven (7) working days of the receipt of same, meet with a meeting with representative of the Union Representative at Federation in an attempt to resolve the request of either party at a time mutually convenient to both partiesgrievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within seven (7) working days following after this meeting, the meeting City Manager or designee shall render a decision in writing.
10.3 In the event an employee is discharged or suspended by the City, the employee shall, within five seven (57) days following submission working days, grieve his discharge and/or suspension to the Chief Executive OfficerCity Manager or designee who shall, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(swithin seven (7) and the Chairperson working days of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II receipt of the grievance procedure same, meet with a representative of the Ontario Nurses’ Association may Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative shall also be present at present. Within seven (7) working days after this meeting, the request of the local Association City Manager or the Employer, and the Employer may have such counsel and assistance as it may decidedesignee shall render his decision in writing.
8.03 Where no answer is given 10.4 The time limitations provided in this Article shall be strictly observed. An employee covered by this Agreement may withdraw a grievance at any point by submitting, in writing, a statement to that effect, or by permitting the time requirements to lapse. Any grievance not advanced by the employee or employees to the next higher step within the time limits specified in the Grievance Procedure, the grieving party provided shall be entitled to submit deemed permanently withdrawn and as having been settled on the basis on the most recent response. A grievance not answered by the City within the time limits provided shall be automatically advanced to the next stephigher level. These time limitations may be extended only by written agreement of the parties.
8.04 When a 10.5 Application to this procedure shall prevent the grievant from appealing to any other available procedure or visa-versa.
10.6 Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation, in conformity with Florida law.
10.7 In the event any dispute and/or difference, including discharge and suspension, has been properly processed through the grievance is submitted it shall be procedure without resolution, the Federation may demand arbitration and this demand, in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may shall be extended by mutual consent.
8.06 A nurse is entitled prior presented to the imposition of discipline, suspension City Manager or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed designee within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as working days from the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithreceipt of the decision of the previous step.
8.07 A grievance claiming discipline, suspension or discharge without just cause may 10.8 The arbitrator shall be settled appointed by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion mutual consideration of the conferring parties. In the event the parties or an Arbitration Board.
8.08 Where are unable to agree upon a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined neutral arbitrator within ten (10) working days after the circumstances giving rise arbitration is invoked, either party may petition the Federal Mediation and Conciliation Service and request a list of seven (7) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to it occurred or originated therein by-passing any prior step of preside as a neutral at the Procedurehearing involving the grievance.
8.09 10.9 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement decision of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association arbitrator shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employerboth parties. The arbitrator shall not be empowered to alter, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretationamend, application add to, or administration eliminate any provisions of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either . Expenses of the parties may, after exhausting the Grievance Procedure established arbitrator shall be borne equally by this Agreement, notify the other both parties. Each party in writing of shall pay its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenown expenses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(sdispute concerning the interpretation application, administration, or alleged violation of this Agreement shall be considered a grievance and shall be handle in the following manner: The employee, with or without a shop ▇▇▇▇▇▇▇, shall within seven ( 7 ) or working days of notice of the Association may present a action causing the grievance, submit his complaint to his ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ shall give his reply in writing not later than five (5) working days following receipt of the grievance. The grievance must be presented in writing by the employee, be signed by him, and must contain: A summary of circumstances giving rise to the grievance: The of the Agreement considered violated: The particulars of the remedies sought. The employee may, by written notice to the Employer, withdraw his grievance at any time without recourse to stage of the formal written grievance procedure. If the grievance is not satisfactorily resolved at Step One, Step Two of the grievance procedure contained herein, but in the normal course of events grievances shall may be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance initiated by notice in writing to the Director of NursingPlant Manager within three (3) working days after the ▇▇▇▇▇▇▇'▇ reply at Step One. Such a grievance must be presented within ten (10) days of Step Two The aggrieved employee and the date of its occurrence or when it came to shop ▇▇▇▇▇▇▇ and/or Union representative shall meet with the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing Plant Manager within five (5) working days following the day on which of the grievance was submittedmeeting. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present not satisfactorily resolved at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlementTwo, the grievance may be referred to arbitration by notice in writing to the Plant Manager within five (5) working days after the Plant Manager's reply at Step Two. Arbitration by Written notice of a referral of a grievance to arbitration shall include the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) name, address and business phone number of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either referring parties' appointed member of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten seven (107) days inform calendar days, advise the other party of the name name, address and business phone number of its appointee to appointed member of the arbitration board. The two appointees so selected shall, within seven (7) calendar days of the appointment, appoint a third person who shall be chairman. If the recipient of the notice fails to appoint a member to the arbitration board or if the appointees fail to agree upon chairman within the time limit (or such longer period of time as may be mutually agreed) then the Minister of Labour may be requested by either party to appoint a qualified person to act as Chairman. In the event the parties alternatively agree in writing to the use of a single arbitrator in lieu of an arbitration board, the written notice of a referral of a grievance to arbitration, given as required by the above grievance procedure shall include a name or a list of names of the person or persons it is willing to accept as the single arbitrator. The party receiving the notice, if it accepts one of the persons suggested to act as arbitrator, shall within tenseven (7) calendar days notify the other party accordingly and the grievance shall be submitted to that arbitrator. In the event that the party receiving the notice does not accept any of the proposed persons as arbitrator, it shall within seven (7) calendar days notify the other party accordingly and send a name or 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 a single arbitrator either party may request the Minister of Labour to appoint a single arbitrator. The employee, may by notice in writing to the Employer withdraw his grievance arbitration at any time. The arbitration board, or the single arbitrator, shall hear and determine the matter and shall issue a decision which will be final and binding upon the parties and upon any employee affected by it. The decision of the majority of an arbitration board shall be the decision of the board. The board of arbitration, or the single arbitrator, shall not make any decision inconsistent with the provisions of this Agreement or make any decision which would alter, modify, amend, add to, or subtract from any part of this Agreement. The board of arbitration, or the single arbitrator, shall not adjudicate any matter not specifically grieved in the grievance nor shall any grievance be considered by the arbitration board or single arbitrator unless it has been properly carried through all previous steps of the grievance and arbitration procedure. Each of the parties to this Agreement shall bear the expenses of the arbitration board member appointed by it or for it. The parties will share equally the expenses of the Chairman of the arbitration board, or the single arbitrator as the case may be. In this Article the term "working days" shall not be deemed to include Saturday, Sunday or paid holidays. The Union or the Employer may file a policy grievance appropriate circumstances. A policy grievance is defined as a difference concerning the interpretation or application of this Agreement which seeks to enforce an obligation to the to the Union or the Union to the Employer. A policy grievance shall not be brought with respect to matters capable of being filed as individual grievances or in respect of remedies or relief that effect individual employees. A policy grievance shall be initiated in writing at Step Two of the grievance procedure within twenty (20) days of notice of the at causing the grievance. A group grievance may be filed where the dispute directly affects two ( 2 ) or more employees and could otherwise be properly pursued as separate individual grievances. A group grievance shall list employees affected by the grievance. A group grievance shall be initiated in writing at Step Two of the grievance procedure within seven (7) working days of notice of the act causing the grievance. Should the employee or the Union fail to adhere to any time limit under this Article, the grievance shall be deemed to be abandoned, unless the Employer has agreed in writing to waive the time limit.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present employee making a complaint and/or grievance is entitled to be represented by an Employee Representative from the bargaining unit at any time without recourse to and all steps of the formal written procedure contained hereingrievance procedure.
8.02 For the purposes of this Agreement, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to is defined as a difference arising between the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates parties relating to the interpretation, application, administration or administration alleged violation of this Agreement, the Agreement including any question questions as to whether a matter is arbitrable.
8.02 At 8.03 It is the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II intent of the grievance procedure a representative parties that complaints of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party employees shall be entitled to submit adjusted as quickly as possible and it is understood that an employee has no grievance until she has first given her immediate supervisor the grievance to opportunity of adjusting the next step.
8.04 When a grievance is submitted it complaint. Such complaint shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held discussed with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed immediate supervisor within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10)) working days after the circumstances giving rise to it have occurred or originated therein by-passing any prior step ought reasonably to have come to the attention of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it employee. If there is presented no settlement within ten (10) working days, it shall then be taken up as a grievance within ten (10) working days in the following manner and sequence. Any employee having a grievance shall have the right, if she/he so requests, to refer it in writing to the Director of Nursing within ten (10) working days of becoming aware of the circumstances leading to the grievance. The Director of Nursing shall reply in writing to the employee within ten (10) working days from the date the grievance was brought to her/his attention. If further action is to be taken, then within ten (10) working days after the circumstances giving rise decision is given in Step #1, the employee shall submit the grievance in writing dated and signed to the grievance have originated or occurredAdministrator. A meeting will may then be held between the Administrator, the Director of Nursing, and the employee(s), and the Grievance Committee and the Employment Relations Officer at a time mutually agreeable to the Employer and the Association Union. The decision of the Administrator shall be given in writing to the employee(s) within ten (10) daysworking days following the meeting. The Association shall give its Employer also agrees to send a copy of the Administrator's decision in writing to the Union's Employment Relations Officer within ten (10) working days after receiving following the written grievancemeeting. Should the Administrator fail to render a decision or the decision is unsatisfactory to the employee(s) or the Union, and failing settlement, the grievance it may be referred to Arbitration arbitration.
8.04 Should the Employer discharge, suspend or discipline any employee(s), notification by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16such employee(s) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified shall be made in the grievance presence of an Employee Representative. The employee(s) and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein Union shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under provided with written reasons for a discharge, suspension or discipline. Should the employee(s) or the Union wish to file a grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will against this action it shall be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, filed within ten (10) working days inform the other party under Step #2 of the name of its appointee to the arbitration board. The two appointees so selected shall within tengrievance procedure.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) 10.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed the nurse’s complaint with nurse’s Nurse Manager, and the matter has not been resolved. The nurse may be accompanied by a nurse representative, or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days another member of the date of its occurrence or when it came to the attention bargaining unit of the nurse or nurse’s choice, to discuss the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the nurse’s complaint.
10.02 A grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to defined as an alleged difference over the interpretation, application, administration or administration alleged violation of this Collective Agreement, including any question as to whether a matter is arbitrable. All grievances shall be in writing, contain a statement of facts giving rise to the grievance, the redress sought, an indication of the articles(s) of this Collective Agreement alleged to have been violated. A grievance must be filed within seven (7) calendar days of the circumstance giving rise to the grievance.
8.02 At 10.03 The following shall be the first step procedure for handling and processing grievances submitted by the nurse. The nurse may submit a grievance in writing to the nurse’s immediate supervisor, and Executive Director or designate who shall give a decision within seven (7) calendar days of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II receipt of the grievance. If the grievance procedure is not satisfactorily resolved at Step #1, the nurse may submit the written grievance to the Executive Director or her designate within seven (7) calendar days following the decision in Step #1. A meeting will be held between the Employer and the Grievance Committee within fourteen (14) calendar days of the referral. It is agreed that a staff representative of the Ontario Nurses’ Association Union may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decidedesire at the meeting. The Employer’s decision will be delivered within seven (7) calendar days of the meeting.
8.03 Where no answer is given within 10.04 A claim by a nurse who has completed the time limits specified in the Grievance Procedure, the grieving party probationary period that she has been unjustly discharged or suspended without just cause shall be entitled to submit the grievance to the next step.
8.04 When treated as a grievance if a written statement of such grievance is submitted it shall be in writing, clearly setting forth lodged by the nature of nurse with the grievance, and Employer at Step #2 within seven (7) calendar days after the remedy sought.date the discharge or suspension is imposed
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 10.05 A nurse is entitled prior to be represented by a union representative or another available bargaining unit member of the imposition nurse’s choice at the time that discipline is to be imposed. In the case of discipline, suspension or discharge, to be given written reasons for such action and the Employer must shall notify the nurse of their this right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithadvance .
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 It is the mutual desire of the parties that grievances shall be adjusted as quickly as possible. It is understood that a nurse has no grievance until she or he has first given her or his immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) working days after the circumstances giving rise to the complaint became known to the nurse, or ought to have become known to the nurse. If the supervisor is unable to adjust the complaint to the nurse's satisfaction within five (5) working days, the nurse may proceed with the grievance procedure at Step 1.
8.02 A grievance is defined as a complaint relating to the interpretation, application, administration or alleged violation of this Agreement.
8.03 Any nurse(s) or the Association may present Union making a complaint and/or grievances shall have the right of Union representation at any time without recourse to or all steps of the formal written procedure contained herein, but in grievance procedure. The Employer shall inform the normal course nurse(s) of events this right. All grievances shall be registered with taken up in the Employer as followsfollowing manner: A Any nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such having a grievance must be presented submit the written grievance form to her or his immediate supervisor within ten (10) working days of the date of its occurrence or when it came supervisor’s response to the attention nurse's verbal complaint. The grievance shall identify the nature of the grievance, the relevant articles of the Agreement and the remedy requested. Her or his supervisor shall reply in writing to the nurse within ten (10) working days from the date the complaint or grievance was brought to her or his attention. If further action is to be taken, then within ten (10) working days after the Associationdecision is rendered in Step #1, the nurse shall submit the grievance to the Administrator. A meeting will then be held between the Administrator and the nurse(s), the Grievance Committee and the Labour Relations Officer at a time mutually agreeable to the Employer and the Union. The Director decision of Nursing the Administrator shall be given in writing within ten (10) working days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render a decision in writing within five (5) days following the day on which the grievance was submitted. If or if the decision is unsatisfactory to the nurse(s) nurse or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the AssociationUnion, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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 stepArbitration.
8.04 When a grievance is submitted it Should the Employer discharge, suspend or discipline any nurse(s), notification by the Employer to such nurse(s) shall be made in writingthe presence of a Nurse Representative, clearly setting forth unless such representation is specifically waived by the nature of the grievance, nurse. The nurse(s) and the remedy sought.
8.05 Time limits fixed in Nurse Representative shall be provided with written reasons for the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of disciplinedischarge, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, a suspension or disciplinedischarge, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd under Step #2 of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES.
8.01 It is the mutual desire of the parties that grievances shall be adjusted as quickly as possible. It is understood that a nurse has no grievance until she or he has first given her or his immediate supervisor an opportunity to adjust the complaint. Any complaint shall be discussed with the supervisor concerned within five (5) working days after the circumstances giving rise to the complaint became known to the nurse, or ought to have become known to the nurse. If the supervisor is unable to adjust the complaint to the nurse's satisfaction within five (5) working days, the nurse may proceed with the grievance procedure at Step 1.
8.02 A grievance is defined as a complaint relating to the interpretation, application, administration or alleged violation of this Agreement.
8.03 Any nurse(s) or the Association may present Union making a complaint and/or grievances shall have the right of Union representation at any time without recourse to or all steps of the formal written procedure contained herein, but in grievance procedure. The Employer shall inform the normal course nurse(s) of events this right. All grievances shall be registered with taken up in the Employer as followsfollowing manner: A Any nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such having a grievance must be presented submit the written grievance form to her or his immediate supervisor within ten (10) working days of the date of its occurrence or when it came supervisor’s response to the attention nurse's verbal complaint. The grievance shall identify the nature of the grievance, the relevant articles of the Agreement and the remedy requested. Her or his supervisor shall reply in writing to the nurse within ten (10) working days from the date the complaint or grievance was brought to her or his attention. If further action is to be taken, then within ten (10) working days after the Associationdecision is rendered in Step #1, the nurse shall submit the grievance to the Administrator. A meeting will then be held between the Administrator and the nurse(s), the Grievance Committee and the Labour Relations Officer at a time mutually agreeable to the Employer and the Union. The Director decision of Nursing the Administrator shall be given in writing within ten (10) working days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render a decision in writing within five (5) days following the day on which the grievance was submitted. If or if the decision is unsatisfactory to the nurse(s) nurse or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the AssociationUnion, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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 stepArbitration.
8.04 When a grievance is submitted it Should the Employer discharge, suspend or discipline any nurse(s), notification by the Employer to such nurse(s) shall be made in writingthe presence of a Nurse Representative, clearly setting forth unless such representation is specifically waived by the nature of the grievance, nurse. The nurse(s) and the remedy sought.
8.05 Time limits fixed in Nurse Representative shall be provided with written reasons for the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of disciplinedischarge, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, a suspension or disciplinedischarge, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd under Step #2 of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on her/their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten seven (107) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer Administrator or his designate who shall call a meeting with of the Union Representative Grievance Committee within seven (7) days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the grievor may be present at the request meeting. It is further understood that the Home Administrator or his designate may have such counsel and assistance as he/she may desire at such meeting. The decision of either party at a time mutually convenient to both parties. Within the Home shall be delivered in writing within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no date of such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representativemeeting. If the decision is unsatisfactory to the nurse(s) nurse or the Association, it may be referred to arbitration, if it relates to arbitration in accordance with the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrablearbitration procedure.
8.02 At any step in the first step of this grievance procedure an aggrieved nurseprocedure, if they so desiresincluding the complaint stage, the nurse may be accompanied by/or represented by a her nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ or any other Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decideofficial.
8.03 Where no answer is given within A complaint or grievance arising directly between the time limits specified in Home and the Grievance ProcedureAssociation concerning the interpretation, application or alleged violation of the grieving party Agreement, shall be entitled to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present originated at any meeting to be held with the Employer to discuss the discipline, suspension or dischargeStep No. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association 2 within three fourteen (314) calendar days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after following the circumstances giving rise to it occurred the complaint or originated therein by-passing any prior step of grievance. A grievance by the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement Home will be forwarded in writing, dated and signed, by forwarding a written statement of said grievance writing to the local Local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ ' Association, provided it is presented within ten (10) days after . The grievance shall then be treated as having been initiated at Step No. 2 and the circumstances giving rise applicable provisions of this Article shall then apply with respect to the grievance have originated or occurred. A meeting will then be held between the Employer and processing of such grievance.
8.04 Where the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the files a grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) on behalf of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) 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 arbitrablenurse(s), or where an allegation is made that this Agreement has been violateda number of nurses have identical grievances, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party they may present a group grievance in writing of its desire to submit the difference Administrator, or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shallhis designate, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenfourteen
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s9.01 It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible and it is understood that a nurse has no grievance until she has first given her Director of Care opportunity of adjusting her complaint. Such complaint shall be discussed with her Director of Care within five (5) days after the circumstances giving rise to it have occurred or the Association may present a complaint at any time without recourse ought reasonably to have come to the formal written procedure contained herein, but attention of the nurse and the Director of Care shall reply within five (5) days. It may then be taken up as a grievance within five (5) days following advice of her Director of ▇▇▇▇’s decision in the normal course of events grievances shall be registered with the Employer as followsfollowing manner and sequence: A nurse(s) or the Association Union on her/their behalf or in its own stead may present a grievance in writing to the Director of NursingHomes or designate. Such a grievance must be presented within ten fifteen (1015) days of the date of its occurrence or when it came to the attention of the nurse or the AssociationUnion. The Director of Nursing Homes, or delegate shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the AssociationUnion, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven ten (710) days following the meeting decision under Step No. 1 the nurse with the assistance of a nurse representative if desired, may submit the written grievance to the Senior Manager of Human Resources or designate. The parties, including the Labour Relations Officer, will meet within ten (10) days of the filing of the grievance. The Senior Manager of Human Resources or designate shall deliver her decision in writing within five (5) days following submission of the meeting being held. A copy of the second step grievance reply will be forwarded to the Chief Executive Labour Relations Officer, if no . It is further understood that the Senior Manager of Human Resources or her designate may have such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) counsel and the Chairperson of the Union Representativeassistance as she may desire at such meeting. If the decision is unsatisfactory to the nurse(s) nurse or the AssociationUnion, it may be referred to arbitration, if it relates to arbitration in accordance with the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrablearbitration procedure.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 9.02 A nurse is entitled prior to be represented by a member of the imposition Bargaining Unit when formal written discipline is imposed, or at any step of discipline, the grievance process. In cases where discipline involves suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse shall be notified of their this right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or dischargein advance. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a Any grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may shall be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Boardinitiated at Step No. 2.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 9.03 The Employer may institute a grievance consisting of an allegation release of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise probationary nurse shall not be subject to the grievance have originated or occurred. A meeting will then be held between procedure unless the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached probationary nurse is released for exercising a right under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or the Association on her/their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten seven (107) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer Administrator or his designate who shall call a meeting with of the Union Representative Grievance Committee within seven (7) days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative of the Ontario Nurses' Association and the grievor may be present at the request meeting. It is further understood that the Home Administrator or his designate may have such counsel and assistance as he/she may desire at such meeting. The decision of either party at a time mutually convenient to both parties. Within the Home shall be delivered in writing within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no date of such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representativemeeting. If the decision is unsatisfactory to the nurse(s) nurse or the Association, it may be referred to arbitration, if it relates to arbitration in accordance with the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrablearbitration procedure.
8.02 At any step in the first step of this grievance procedure an aggrieved nurseprocedure, if they so desiresincluding the complaint stage, the nurse may be accompanied by/or represented by a her nurse representative. At Step II representative or any other Association official.
8.03 A complaint or grievance arising directly between the Home and the Association 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. A grievance procedure by the Home will be forwarded in writing to the Local representative of the bargaining unit, with a representative copy to the Employment Relations Officer of the Ontario Nurses’ Association may ' Association. The grievance shall then be present treated as having been initiated at the request of the local Association or the Employer, Step No. 2 and the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party applicable provisions of this Article shall be entitled to submit the grievance then apply with respect to the next stepprocessing of such grievance.
8.04 When Where the Association files a grievance is submitted it shall be on behalf of a nurse(s), or where a number of nurses have identical grievances, they may present a group grievance in writingwriting to the Administrator, clearly setting forth or his designate, within fourteen (14) calendar days after the nature circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the grievance, nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the remedy soughtapplicable provisions of this article shall then apply with respect to the processing of such grievance.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their her right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their her right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) daysdays at Step #2. It is understood that probationary employees may be suspended or discharged for any reasondischarged, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.06 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.
8.07 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.08 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.09 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s 's action or by reinstating the nurse and making them her whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question 8.10 The time limits set out in the Grievance and Arbitration procedures herein are mandatory and failing to comply strictly with such time limits except by the written agreement of general application or interpretation occurs or where a group of employees or the Association has a grievanceparties, such a question or shall result in the grievance may be directly submitted being deemed to have been abandoned subject only to the 2nd Step provisions of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16Section 44(6) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrableAct.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s 's appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s10.1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Agreement. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement.
10.2 Thus, should grievances arise other than from cases of discharge and/or suspension, the grievant shall use the following procedures. This grievance procedure is the sole and exclusive avenue of redress available to any bargaining unit member. No person covered by this agreement shall use the grievance procedure in the City Personnel Manual for any purpose whatsoever.
STEP 1 In the event an employee believes there is a basis for a grievance, the employee shall first discuss promptly the alleged grievance with the immediate supervisor, either privately, or if the employee prefers, accompanied by the on-site Federation representative within five (5) or working days of the Association may present a complaint at any time without recourse date of the occurrence of the event giving rise to the formal written procedure contained herein, but in grievance. The supervisor shall then respond within five (5) working days.
STEP 2 In the normal course of events grievances shall be registered event the grievant and/or the Federation is not satisfied with the Employer as follows: A nurse(s) or decision of the Association on their behalf or in its own stead may supervisor, the grievant and/or the on-site Federation representative shall present a the grievance in writing to the Director of Nursing. Such a grievance must be presented employee's department director within ten seven (107) working days of the date of its occurrence or when it came the aforesaid decision. Upon presentation of this written grievance to the attention of department director, and within seven (7) working days thereafter, the nurse or department director, the Associationemployee and the on-site Federation representative shall attempt to resolve the dispute. The Director of Nursing Within seven (7) working days thereafter, the department director shall render a decision in writing within five (5) days following to both the day on which the grievance was submitted. If the decision is unsatisfactory employee and to the nurse(s) or on-site Federation representative.
STEP 3 In the Associationevent the grievant and/or the Federation is not satisfied with the written answer to Step 2 above, Step No. 2 may be followed within ten (10) days. The the grievance shall be referred presented within seven (7) working days after the written answer above to the Chief Executive Officer City Manager or designate designee, who shall call will, within seven (7) working days of the receipt of same, meet with a meeting with representative of the Union Representative at Federation in an attempt to resolve the request of either party at a time mutually convenient to both partiesgrievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within seven (7) working days following after this meeting, the meeting City Manager or designee shall render a decision in writing.
10.3 In the event an employee is discharged or suspended by the City, the employee shall, within five seven (57) days following submission working days, grieve his discharge and/or suspension to the Chief Executive OfficerCity Manager or designee who shall, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(swithin seven (7) and the Chairperson working days of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II receipt of the grievance procedure same, meet with a representative of the Ontario Nurses’ Association may Federation in an attempt to resolve the grievance. At this meeting, the employee and/or the on-site Federation representative shall also be present at present. Within seven (7) working days after this meeting, the request of the local Association City Manager or the Employer, and the Employer may have such counsel and assistance as it may decidedesignee shall render his decision in writing.
8.03 Where no answer is given 10.4 The time limitations provided in this Article shall be strictly observed. An employee covered by this Agreement may withdraw a grievance at any point by submitting, in writing, a statement to that effect, or by permitting the time requirements to lapse. Any grievance not advanced by the employee or employees to the next higher step within the time limits specified in the Grievance Procedure, the grieving party provided shall be entitled to submit deemed permanently withdrawn and as having been settled on the basis on the most recent response. A grievance not answered by the City within the time limits provided shall be automatically advanced to the next stephigher level. These time limitations may be extended only by written agreement of the parties.
8.04 When 10.5 Application to this procedure shall prevent the grievant from appealing to any other available procedure or visa- versa.
10.6 Nothing in this Article shall require the Federation to process grievances for employees who are not members of the Federation, in conformity with Florida law.
10.7 Notwithstanding any section of this Article, either party may request that an independent third party serve in the capacity as a mediator or fact-finder in an effort to assist the parties in resolving the grievance is submitted it shall be prior to proceeding to arbitration. Both parties to the grievance must concur with proceeding to mediation or fact-finding in order to proceed with the mediation or fact-finding.
10.8 In the event any dispute and/or difference, including discharge and suspension, has been properly processed through the grievance procedure without resolution, the Federation may demand arbitration and this demand, in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may shall be extended by mutual consent.
8.06 A nurse is entitled prior presented to the imposition of discipline, suspension City Manager or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed designee within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as working days from the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithreceipt of the decision of the previous step.
8.07 A grievance claiming discipline, suspension or discharge without just cause may 10.9 The arbitrator shall be settled appointed by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion mutual consideration of the conferring parties. In the event the parties or an Arbitration Board.
8.08 Where are unable to agree upon a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined neutral arbitrator within ten (10) working days after the circumstances giving rise arbitration is invoked, either party may petition the Federal Mediation and Conciliation Service and request a list of seven (7) qualified arbitrators and from said list the parties shall alternately strike and select a single arbitrator to it occurred or originated therein by-passing any prior step of preside as a neutral at the Procedurehearing involving the grievance.
8.09 10.10 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement decision of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association arbitrator shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employerboth parties. The arbitrator shall not be empowered to alter, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretationamend, application add to, or administration eliminate any provisions of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either . Expenses of the parties may, after exhausting the Grievance Procedure established arbitrator shall be borne equally by this Agreement, notify the other both parties. Each party in writing of shall pay its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenown expenses.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s1) Members of the bargaining unit will follow all lawful and reasonable written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein. The following rule applies to all employees: Obey first, grieve later.
2) A grievance is defined exclusively as a dispute involving the interpretation or application of this Agreement. No grievance will or need be entertained or processed unless prepared in writing in the Association manner described herein, and unless filed in the manner provided herein within the time limit prescribed herein. The Union is under no obligation to process a grievance for an employee who is not a member of the Union; therefore nonmembers of the Union who are covered by this Agreement shall be responsible for filing their own grievances. The Town need not entertain or process under this Article any dispute, or other matter not meeting this definition.
3) Grievances pertaining to more than one bargaining unit member may be filed by the Union on behalf of all affected members.
Step 1: The Union shall present a complaint at any time without recourse the grievance, in writing and dated, to the formal Department Head, within fourteen (14) days not including weekends and holidays after knowledge of the act or omission that gave rise to the grievance. The Department Head or his or her designee shall, within 7 calendar days of receipt of the written procedure contained hereingrievance, but in the normal course of events grievances shall be registered conduct a meeting with the Employer as follows: A nurse(s) or Union. The Department Head shall notify the Association on their behalf or in its own stead may present a grievance Union in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) not later than 7 calendar days following the day on which meeting date.
Step 2: If the grievance was submitted. If is not fully resolved at Step 1, the decision is unsatisfactory Union, within 7 calendar days of receipt of the answer provided in Step 1, may forward a copy of the original written grievance to the nurse(s) or Town Manager with a separate cover letter stating that the Association, grievance is being advanced to Step No. 2 may be followed within ten (10) days2. The grievance shall be referred to the Chief Executive Officer or designate who shall call Town Manager may, but need not, hold a meeting with the Union Representative at regarding the request grievance. The Town Manager shall notify the grievant and the Union of either party at the Town Manager's decision within 7 calendar days following receipt by the Town Manager of the grievance. The decision of the Town Manager shall be determinative of the grievance (and such decision is final and binding under the terms of this Agreement, unless modified by a time mutually convenient to both decision on an arbitrable grievance made in compliance with the following arbitration procedure). Discipline or correction involving oral or written reprimands may be processed through Steps 1 and 2 of this Grievance Procedure and are not arbitrable. The decision of the Town Manager on such grievances shall be final and binding on the parties. The grievant may write any rebuttal he or she wishes to the corrective action, which shall be included in the employee’s personnel file along with the record of the discipline.
4) If the grievance is arbitrable as noted herein, and is not resolved by the foregoing grievance procedure, the Union, within seven (7) calendar days after the Town Manager's decision in Step 2, may provide the Town Manager a written notice of its desire to submit the matter to arbitration; said written notice to include a written statement of the position of the Union with respect to the unresolved grievance.
5) Within seven (7) calendar days following from receipt of the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is heldwritten notice immediately above, the Chief Executive Officer Parties shall reply in writing confer to select an arbitrator. In the nurse(sevent the Parties fail to agree on an arbitrator, both parties shall, within seven (7) calendar days, jointly request a list of seven (7) qualified arbitrators from the Federal Mediation and Conciliation Service. The Union and then the Town will alternately strike one name at a time from the list as not acceptable until only one remains and this person will be the arbitrator. The Town and the Chairperson Union will alternate in the right to first strike arbitrators; the initial first strike being determined by a coin toss.
6) As promptly as possible after the arbitrator has been selected, he or she shall conduct a hearing between the Parties and consider the grievance. The decision of the arbitrator will be served upon the Town and the Union Representativein writing. If It shall be the decision is unsatisfactory obligation of the arbitrator to rule within thirty (30) calendar days after the nurse(s) or close of the Association, it may be referred hearing. The failure of the arbitrator to issue a timely ruling shall not divest the arbitrator of jurisdiction to issue an award. The expense of the arbitration, if it relates including, but not limited to, the fee and expenses of the arbitrator and the cost of a court reporter shall be paid by the losing party. Each Party shall be exclusively responsible for compensating its own representatives and witnesses.
7) The power and authority of the arbitrator shall be strictly limited to an interpretation of the interpretation, application, or administration express terms of this Agreement. He or she shall not have the authority to add to or subtract from or modify any of said terms, including or to limit or impair any question as right that is reserved by this Agreement to whether a matter is arbitrablethe Town or the Union or the employees, or to establish or change any wages or rate of pay in this Agreement. The decision of the arbitrator shall be limited to upholding the grievance, or denying the grievance, and the arbitrator shall not have the authority or right to modify the discipline or craft any remedy other than restoring the employee to the position he or she was in prior to the disciplinary action being imposed, with restoration of any lost wages and, if applicable, restoration of any benefits.
8.02 At 8) No decision of any arbitrator or of the first step of this grievance procedure an aggrieved nurseTown in one case shall create a basis for retroactive adjustment in any other case.
9) The parties intend that a “make whole” remedy be awarded, if they so desiresapplicable. All claims for back wages shall be limited to the amount of wages including lost overtime, may that the employee otherwise would have earned from the Town. In settlement or other resolution of any grievance resulting in retroactive adjustment including back wages, such adjustment shall be accompanied by limited to a nurse representative. At Step II maximum of 7 calendar days prior to the date of the filing of the grievance procedure a representative at Step 1.
10) The decision of the Ontario Nurses’ Association may arbitrator shall be present at the request of the local Association or the Employerfinal and binding on both Parties, and the Employer may have such counsel and assistance as it may decidegrievance shall be considered permanently resolved, subject to any post-award judicial relief available to either Party under Florida law.
8.03 Where 11) The grievance and arbitration procedure shall be exclusive to the FOP as set forth herein. Therefore, subject to Section 447.301 and 447.401, Florida Statutes or other applicable laws, no answer bargaining unit member may file a grievance or demand the Union file a grievance or request arbitration without the written authorization from the Union. The arbitration shall be conducted under the rules set forth in this agreement.
12) It is given agreed, with respect to this grievance and arbitration procedure, that:
a) Any grievance, in order to be processed, must be submitted in writing at Step 1 as noted above and contain all of the following: a statement of the grievance and facts upon which it is based; each specific Article and subsection of this Agreement claimed to have been violated, and the remedy or correction requested. Grievances will be resolved at all later stages based on this statement of the grievance.
b) A grievance which is for any reason not advanced to Step 2 or to arbitration within the time limits specified in the Grievance Procedure, the grieving party prescribed herein for such advancement shall be entitled barred. Failure on the part of the Town to submit respond within the grievance time limit set forth at any step shall be deemed a denial, and require the Union to proceed to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature c) A time limit at any stage of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures grievance procedure may be extended by written and countersigned mutual consentAgreement of the Union and the Town Manager, including by reciprocal emails agreeing to an extension. No extension of time shall be inferred by any conduct or verbal exchange between the Parties.
8.06 A nurse is entitled prior to d) Any grievances filed on behalf of or for the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days benefit of any employee or employees must specifically name all such dischargeemployees, discipline and may not be amended after submission to Step 1 to add names. No monetary or suspensionother relief shall be granted or awarded to any employee not so named. Should The only exception to this is that if the nurse(s) or the Association wish to file Union claims that a grievance against any such discharge, suspension or discipline, affects the entire unit it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as describe the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithunit generally.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse e) Grievances and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion appeals of the conferring parties or an Arbitration Board.
8.08 Where denials of a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted delivered to a designated Town official by hand delivery, email or facsimile delivery during the 2nd Step hours of 9:00 am until 5:00 p.m., Monday through Friday. Where the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute last day for such presentation falls on a grievance consisting of an allegation of Saturday, a general misinterpretation Sunday or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached holiday expressly recognized as such under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) 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 arbitrablepresentation shall be considered timely if made on the next business day following such Saturday, Sunday or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenholiday.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) A. A grievance is a claim by a unit member or by the Association that the District has misrepresented or misapplied one or more of the provisions of this Agreement.
B. The District and the Association shall work to promptly settle all grievances through the following internal grievance procedure. This procedure begins with an informal problem solving meeting with the grievant’s site administrator and may present progress to a complaint at any time without recourse to the formal written procedure contained hereingrievance if no resolution is reached. The unit member is entitled to representation at all levels of the grievance procedure. Informal (P-23a form): The unit member is encouraged to attempt to resolve his/her grievance at the informal level, but in the normal course of events grievances shall be registered by meeting with the Employer building principal or site administrator as follows: A nurse(s) or soon as possible after the Association on their behalf or in its own stead may present a incident which gave rise to it. Level 1 (P-23b form): If the problem is not resolved at the Informal Level, the unit member must then state his/her grievance in writing to writing, citing the Director nature of Nursingthe District’s alleged misinterpretation or misapplication of a particular provision or provisions of this Agreement and stating the relief he/she is requesting. Such To be a valid grievance, the unit member’s written grievance must be presented signed by him/her or his/her representative, and filed (date stamped) with his building principal or site administrator, within 30 working days after he/she knew, or should have known, of the incident which gave rise to it. A meeting between the unit member and his/her principal or site administrator shall take place within five (5) working days from the filing of the grievance. Level 2 (P-23c form): If the unit member is not satisfied with the District’s decision at level 1 or there has been no decision within the prescribed time limit, he/she must then forward his/her written grievance to the District’s Superintendent or the Superintendent’s designee within ten (10) working days of the date receipt of the District’s Level 1 written reply, or of its occurrence or when it came to due date. A meeting between the attention of unit member and the nurse District Superintendent or the Association. The Director of Nursing Superintendent’s designee shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed take place within ten (10) daysworking days from the District’s receipt of his/her grievance at Level 2. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) Superintendent or the Association, it may be referred Superintendent’s designee shall have a written reply to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise Level 2 meeting. (P-23c form)
C. If the unit member is not satisfied with the District’s decision at Level 2 or if there has been no decision within the prescribed time limit, he/she may request the Association appeal his/her grievance to arbitration. If the Association agrees to appeal the grievance to arbitration, it occurred shall notify the District’s Superintendent or originated therein by-passing any prior step the Superintendent’s designee in writing that it is doing so within twenty (20) working days after the unit member’s receipt of the Procedure.
8.09 District’s Level 2 answer, or of its due date. The Employer District and Association may institute a meet to mediate the grievance consisting using interest based problem solving. Mediation would occur within the time lines of an allegation of a general misinterpretation arbitration. Concurrently, procedures for beginning arbitration will continue in case mediation is unsuccessful. A meeting between the Association’s representative and the Superintendent or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented Superintendent’s designee shall be held within ten (10) working days after of the circumstances giving rise District’s receipt of the Association’s appeal to arbitration. During this meeting the parties shall attempt to agree on an arbitrator to hear the grievance. If the parties are unable to agree on an arbitrator to hear the grievance within fifteen (15) working days of the District’s receipt of the Association’s appeal to arbitration, the parties shall then request a list of the names of five (5) arbitrators from the California State Mediation and Conciliation Service (CSMCS) or the Federal Mediation and Conciliation Service (FMCS). Within five (5) working days of receipt of a list of arbitrators from the CSMCS or the FMCS, the parties shall attempt to agree on one of the listed arbitrators to hear the grievance. If they are not able to do so, they shall immediately request the American Arbitration Association (AAA) to supply a list and appoint an arbitrator pursuant to the rules of the AAA. (If a list is requested from the AAA, the parties shall each pay one-half (1/2) of the fee charged by that organization for supplying a list of arbitrators.) In conducting the hearing and making his/her decision, the arbitrator shall follow where applicable, and the parties shall be bound by, the Voluntary Labor Arbitration Rules of the American Arbitration Association. The arbitrator’s decision will be final and binding. However, he/she shall have no authority to add to, subtract from, or otherwise amend this Agreement, nor to make an award which would require the District to take an action in violation of law. The arbitrator’s fees and costs advanced shall be borne equally by the parties. Each party, however, shall bear the expense of the presentation of its own case.
D. The time limits specified in Sections B and C of this Article are intended to be jurisdictional and therefore binding on any arbitrator chosen to hear a grievance. However, any time limit may be extended or waived by a written agreement of the parties.
E. If a grievance have originated is not processed by the unit member or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in Section B and C of this Article, it shall be considered settled on the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside basis of the last decision made by the District on it, unless the time limits herein shall be deemed withdrawn and inarbitrablehave been extended or waived by a written agreement of the parties.
8.11 All agreements reached under F. In the event that a grievance procedure between is timely filed, but at such a time during the Employer and its representativesschool year that it cannot be processed through all of the levels of the internal grievance procedure, nor to arbitration, by the Association and its representatives and end of the grievor will school year:
1. The time limits may be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where reduced by a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either written agreement of the parties mayin order that the grievance process, after exhausting and at least the process for the selection of an arbitrator, may be completed by the end of the school year or;
2. All working days time limits still applicable by the end of the school year shall automatically be changed to calendar days time limits and each one increased by five additional calendar days.
G. Upon request, a unit member who files a written grievance shall be entitled to representation by the Association at each step of the internal grievance specified in Section B of this Article.
H. The District shall not interfere with, restrain, coerce, discriminate against, nor threaten any unit member because of his/her exercise of his/her rights guaranteed by this Article.
I. No grievance filed by a unit member or by the Association, and no written material related to the processing of grievances, shall be kept in any unit member’s personnel file but instead shall be kept in a separate grievance file in the District’s Central office. Grievance Procedure established by this Agreement, notify the other party in writing Chart Who Number of its desire Working Days Action Grievant ASAP Informal meeting (P-23a form): Grievant 30 days To file valid Level 1 (P-23b form): Principal 5 days Meet with grievant for Level 1 Principal 5 days Written response to submit the difference or allegation Level 1 (P-23b form) Grievant 10 days File Level 2 with District (P-23c form) Superintendent 10 days Meet with grievant for Level 2 Superintendent 10 days Written response to Level 2 (P-23c form) Association 20 days Request arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten/mediation
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) In all steps of this Grievance Procedure, including disciplinary interviews, an aggrieved employee shall be notified of such meeting in advance, and if they so desire, shall be accompanied by or represented by the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events Nurse Representative. All complaints and grievances shall be registered with taken up in the Employer as followsfollowing manner: A nurse(s) or the Association on their behalf or in its own stead may present An employee having a grievance in writing complaint shall refer it to the Director of Nursing. Such a grievance must be presented Lodge Coordinator or her designate within ten (10) days of the actual occurrence leading to the complaint. The Lodge Director or the designate shall reply to the employee giving the answer to the complaint within five (5) days from the date of its occurrence or when it came submission. If further action to be taken, then within five (5) days after the decision given Step No. the employee, who may request the assistance of the Nurse Representative shall submit the grievance writing to the attention Administrator. A meeting will then be held between the Administrator or the designated representative and the employee. It is understood that at such a meeting the Administrator or the designated representative may have such counsel and assistance as they may desire, 'and that the employee may have a Nurse Representative and a representative of the nurse Ontario Nurses' Association in attendance. The decision of the Administrator or the Association. The Director of Nursing designated representative shall render a decision be given in writing within five (5) days following the day on which meting. Should the grievance was submitted. If the Administrator fail to render a decision is unsatisfactory to the nurse(s) or the Association, as required in Step No. 2 may be followed within ten (10) days. The or failing settlement of any grievance shall be referred to under the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the foregoing procedures arising interpretation, application, administration or administration alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At , the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied referred to Arbitration by a nurse representative. At Step II of either the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association Employer or the EmployerAssociation. If no written request for Arbitration received within ten (10) days after the decision under Step No. is given, and or within fifteen (15) days following the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within the time limits specified in meeting under step No. of the Grievance Procedure, the grieving party grievance shall be entitled deemed to submit have been abandoned and the same grievance shall not be subject matter for a further grievance. Any of the time allowances above may be extended by mutua1 agreement of the parties in writing or as set out in Section (6) of the Labour Relations Act of Ontario, Saturdays, Sundays and Paid Holidays will not be counted in determining the time within which any action is to be taken or completed under each of the next step.
8.04 steps of the Grievance Procedure. When a grievance is submitted in writing it shall be in writing, clearly setting set forth the nature of the grievance, grievance and the remedy sought.
8.05 Time limits fixed in redress requested. A policy grievance shall be defined as a grievance arising directly between the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action Home and the Employer must notify Association concerning the nurse interpretation, application, admini- stration or alleged violation of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or dischargethis Collective Agreement. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a this grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) daysoriginated under Step No. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined Procedure, and shall be commenced within ten twenty (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (1020) days after the circumstances giving rise to the grievance have originated or having occurred. A meeting will then Failing settlement under Step No. the grievance may be held between submitted to arbitration. In the Employer event that an employee who has completed the probationary period is discharged or suspended from employment and such employee feels that the Association within ten (10) daysdischarge or suspension is unjust, the case may be taken up as a grievance at Step No. The Association shall give its decision in writing of the Grievance Procedure within ten (10) days after receiving following the discharge or suspension. Notification by the Employer to such employee be made in the presence of the President of the Association or the appropriate representative, possible. The employee and the Association shall be provided with written grievance, and failing settlement, the for discharge or suspension. Such special grievance may be referred to Arbitration settled by confirming the Employer Employer's action in accordance dismissing the employee or by reinstating the employee with full compensation for time off or by another arrangement which just and equitable the opinion of the conferring parties or the Arbitration procedure.
8.10 Subject to subsection 48(16) of Board as the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directorycase may be. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreementagreement, including any question questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement agreement has been violated, either of the parties may, after exhausting the Grievance Procedure grievance procedure established by this Agreementagreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s 's appointee to an arbitration boardArbitration Board. The recipient of the notice shall, within ten (10) days days, inform the other party of the name of its appointee to the arbitration boardArbitration Board. The two (2) appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two ( 2 ) appointees fail to agree upon a Chairman within tenthe time limits, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and this decision final and binding upon the parties and upon any employees affected by it. Each party shall pay the cost and expenses of its appointees, and the cost and expenses of the Chairman shall be borne equally by the parties. No Arbitration Board shall have any power to add to, subtract from, alter, modify, or amend in any way part of this Agreement, or to consider any matter not specifically contained this agreement, At any stage of the Procedure, the parties may have the assistance of the nurse or nurses concerned as witness and any other necessary witnesses. All reasonable arrangements will be made to permit the conferring parties or the arbitrator to have access to any part of the Nursing Home to view any working conditions which may be relevant to the settlement of the grievance. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the Grievance Procedure. ARTICLE JOB SECURITY Seniority shall be defined as length of service with the Employer since date of last hire. Seniority for part- time nurses shall be based on tours worked being equal to one (1) year of full-time seniority. A newly hired full-time nurse must complete a probationary period of four hundred and fifty (450) hours worked (being equivalent of sixty (60) days worked at seven and one-half hours a day). A newly hired part-time nurse must complete a probationary period of four hundred and fifty (450) hours worked (being equivalent of sixty (60) days worked at seven and one-half hours a day or a period of six (6) months, whichever occurs first. Once a nurse has her probationary period, her seniority shall date back to her date of hire. Employer will keep a current seniority lists for full-time and part-time nurses, and shall post the list in a conspicuous place each year by not later than January and July The local Association will receive a copy of the posted list and will be given a copy of the current list prior to any long-term layoffs. A nurse shall lose all seniority and shall be deemed terminated, if she:
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the 10.01 The Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with and the Union Representative at the request of either party at a time mutually convenient agree that it is important to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting adjust complaints and grievances as quickly as possible.
10.02 A formal grievance is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to defined as an alleged difference over the interpretation, application, administration or administration alleged violation of this Agreement, Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the article(s) of this Collective Agreement to have been violated and must be filed within fourteen (14) days of the circumstances giving rise to the grievance.
8.02 At 10.03 The following shall be the procedure for handling and processing grievances submitted by the employee. It is understood that a nurse has no grievance until she has first step of this grievance procedure an aggrieved nursediscussed her complaint with her immediate supervisor and the matter has not been resolved. Such complaint shall be discussed within seven (7) calendar days after the circumstances giving rise to it have occurred and failing resolution, if they so desires, it may be accompanied by taken up as a nurse representativegrievance at step 2 within seven (7) calendar days following advice of her supervisor’s decision in the manner and sequence outlined below. At Step II The employee may submit a grievance in writing to the Program Director or designate who shall give her decision within seven (7) calendar days of receipt of the grievance. If the matter is not satisfactorily resolved at Step #1, the employee may submit a grievance procedure in writing to the Regional/Program Director or designate who shall give her decision within seven (7) calendar days of receipt of the grievance. If the grievance is not satisfactorily resolved at step # 2, the employee may submit the written grievance to the President/CEO or designate within seven (7) calendar days following the decision at step # 1. A meeting will be held between the Employer and the grievance committee within fourteen (14) calendar days of the referral. It is agreed that a staff representative of the Ontario Nurses’ Association Union may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decidedesire at the meeting. The Employer’s decision will be delivered within seven (7) calendar days of the meeting.
8.03 Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party 10.04 A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be entitled to submit the grievance to the next step.
8.04 When treated as a grievance if a written statement of such grievance is submitted it shall be in writing, clearly setting forth lodged by the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held employee with the Employer to discuss at Step #2 within seven (7) calendar days after the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as date the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithis imposed.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 10.01 It is the Association may present a complaint at any time without recourse to mutual desire of the formal written procedure contained herein, but in the normal course parties hereto that complaints of events grievances nurses shall be registered adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within five (5) days after the Employer circumstances giving rise to it have occurred. If the complaint is not settled, it shall be taken up as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date discussion in the following manner and sequence.
10.02 For the purposes of its occurrence or when it came this Agreement, a grievance is defined as a difference arising between the parties relating to the attention interpretation, application, administration or alleged violation of the nurse or Agreement, including any question as to whether a matter is arbitrable.
10.03 The following shall be the Associationprocedure for handling and processing grievances submitted by the nurse. The Director nurse may be accompanied by a nurse representative if the nurse wishes, and may submit a written grievance signed by the nurse to her immediate supervisor. The grievance shall identify the nature of Nursing shall render a the grievance, the provisions of this Agreement which are alleged to have been violated and the remedy which is sought. The immediate supervisor will deliver her decision in writing within five (5) days following the day on which the grievance was submittedpresented to her. If Failing settlement, then: Within five (5) days following the decision is unsatisfactory under Step No.1, the nurse shall submit the written grievance to the nurse(s) Director of Operations or her designate. A meeting will be held between the Association, Step No. 2 may be followed Director of Operations or her designate and the Grievance Committee within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call It is agreed that a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson staff representative of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within desire at such meeting. The Decision of the time limits specified in the Grievance Procedure, the grieving party Director of Operations or her designate shall be entitled to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed delivered within ten (10) days. It days of the meeting.
10.04 A claim by a nurse, except a probationary nurse, that she has been unjustly discharged or suspended, shall be treated as a grievance, if a written statement of such grievance is understood that probationary employees may be suspended or discharged for any reason, so long as lodged by the nurse with the Employer at Step No.2 within five (5) days after the date the discharge or suspension was not done is imposed. A claim by a nurse, except a probationary nurse, that she has been unjustly disciplined (other than discharge or suspension) shall be treated as a grievance if lodged by the employee in a manner that was arbitrary, discriminatory or accordance with the time limits and procedures set out in bad faithArticles 10.01 and 10.03.
8.07 10.05 At the time formal discipline (including discharge) is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance.
10.06 A grievance claiming disciplinearising between the Employer and the Union concerning the interpretation, suspension application, administration or discharge without just cause alleged violation of this Collective Agreement may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd at Step of the Grievance Procedure as outlined No.2 within ten (10) working days after following the circumstances giving rise to it occurred this grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or originated therein by-passing any prior step of nurses which such nurse could have herself instituted and the Procedureregular grievance procedure shall not be thereby be bypassed.
8.09 The Employer 10.07 Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately, they may institute present a group grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signedsigned by each nurse who is grieving, by forwarding a written statement of said grievance to the local representative Director of the bargaining unitOperations or her designate, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or having occurred. A meeting will The grievance shall then be held between treated as being initiated at Step No.2 and shall continue through the Employer procedure as outlined above.
10.08 Failing settlement of any grievance under the foregoing procedure, the grievance may be submitted to arbitration as hereinafter provided. If no written notice of referral to arbitration is received within twelve (12) days after the decision under Step No.2 is given, the grievance shall be deemed to have been abandoned. When either party wish’s to have a grievance referred to arbitration, it shall be given written notice of such referral to the other party within the time limits set out above, and at the Association within same time appoint its nominee to the Arbitration Board. Within ten (10) days, the other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the party invoking the arbitration procedure. The Association two nominees shall give its decision in writing within ten (10) days after receiving attempt to select, by agreement, a chairperson of the written grievance, and failing settlement, the grievance Arbitration Board.
10.09 No matter may be referred submitted to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) arbitration which has not been properly carried through all requisite steps of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure procedure.
10.10 Each party shall pay its own expenses including those for its nominee and witnesses and the fees and expenses of the chairperson shall be borne equally by the parties.
10.11 The Arbitration Board shall not be empowered to alter, modify, add to or amend any part of the Collective Agreement, or to make any decision which is inconsistent with the provisions of this Collective Agreement.
10.12 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle a grievance.
10.13 The time limits and procedures set out in the Grievance and Arbitration provisions herein are mandatory and not merely directory. A failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned.
10.14 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 chairperson, will be final and binding upon the parties hereto and the nurse or submission nurses concerned.
10.15 Wherever Arbitration Board is referred to in this Collective Agreement, the parties may mutually agree in writing to substitute a single Arbitrator for the Arbitration Board at the time of reference to arbitration outside and the time limits herein other provisions referring to Arbitration Board shall be deemed withdrawn and inarbitrableappropriately apply.
8.11 10.16 All agreements reached under the grievance procedure between the representatives of the Employer and its representatives, the Association and its representatives and of the grievor Union will be final and binding upon the Employer, the Association Union and the grievor involvednurses.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 5.01 The purpose of this Article is to provide an orderly method for the Association may present settlement of employee grievances. If an employee has a complaint at any time without recourse to the formal written procedure contained hereingrievance, but in the normal course of events grievances it shall be registered with reduced to writing on forms supplied by the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing Union within five (5) working days of the incident or date of discovery thereof, and be presented to the Company in writing. If not submitted in the allotted time the grievance shall be deemed to have been waived and shall not be considered. If the grievance is not settled in Step One, it will be resubmitted to the Company in writing, stating which Article of the contract the employee feels the Company has violated and processed in accordance with the following steps. A Union ▇▇▇▇▇▇▇ must be present at all formal Step 1 and 2 grievance meetings.
5.02 The employee and his department ▇▇▇▇▇▇▇ will present the alleged grievance, which must be signed by the employee, to his immediate supervisor or manager. If the department ▇▇▇▇▇▇▇ is not available, then another ▇▇▇▇▇▇▇ will be selected by the employee. If that ▇▇▇▇▇▇▇ is not available then the Company will select one. The supervisors and managers are as follows: Order Assembly Shipping/Receiving Book and Magazine Returns Night Shift Fleet Department Manager, Human Resources may be included in this meeting at Company discretion. The Supervisor/Manager must give his decision on the written grievance form within three (3) working days following the day on which presentation of the grievance was submittedto him. If the decision grievance is unsatisfactory not settled in Step 1, the ▇▇▇▇▇▇▇ will, within five (5) working days after receipt of the Step 1 decision, re-submit the written grievances as follows:
5.03 The grievance will be submitted in writing by the ▇▇▇▇▇▇▇ and the aggrieved employee to the nurse(s) or Departmental Manager As authorized representative of the Association, Step No. 2 Union may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative present at the request of either party at a time mutually convenient to both partiesthe Company or the Union. Within The Manager or his designate shall deliver his decision in writing within seven (7) working days following after receiving the written grievance. It is understood that the Manager or his designate may have such counsel and assistance as he may desire at any meeting or within five (5) days following submission to with the Chief Executive Officer, if no such meeting is held, Union.
5.04 Failing a settlement under the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson foregoing procedure of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to any grievance between parties arising from the interpretation, application, administration or administration alleged violation of this Agreement, including any question questions as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided and if no written request for arbitration is received within ten (10) working days after the decision under Step 2 is given, it shall be deemed to have been abandoned without prejudice.
8.02 At 5.05 Any difference arising directly between the Company and the Union involving the interpretation or alleged violation of this Agreement may be submitted in writing and dealt with through the respective representatives of the parties commencing with Step 2 of the Grievance Procedure and the time limits provided under the applicable provisions of the Grievance Procedure shall appropriately apply to both parties.
5.06 A claim by an employee who has completed his probationary period that he has been unjustly discharged, suspended or laid off, shall be treated as a grievance if a written statement of such grievance is lodged with the Department head within three (3) working days after the employee ceases to work for the Company and the first step of this the Grievance Procedure will be omitted in such cases.
5.07 Such special grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II settled under the Grievance and Arbitration procedures by:
(a) Confirming the Company’s action in the dismissal, suspension or layoff of the grievance procedure a representative employee;
(b) Reinstating the employee with full compensation for time lost; or
(c) By any other arrangement which may be deemed just and equitable.
5.08 All agreements reached under the Grievance and Arbitration procedures between the representatives of the Ontario Nurses’ Association may be present at the request Company and of the local Association or Union will be final and binding upon the Employer, Company and the Employer may have such counsel Union and assistance as it may decideemployee or employees concerned.
8.03 Where 5.09 In all steps of the Grievance Procedure, where no written answer is has been given within the time limits specified in the Grievance Procedurespecified, or within a longer period mutually agreed upon, the grieving party employee(s) concerned, the Union or the Company, as the case may be, shall be entitled to submit the grievance to the next stepstep of the Grievance Procedure, including arbitration.
8.04 5.10 When a grievance is either party requests that any matter be submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or disciplinearbitration as hereinbefore provided, it shall be reduced to make such request in writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted addressed to the 2nd Step other party to this agreement, and at the same time, shall suggest the names of three arbitrators in writing whom it would be prepared to accept as sole arbitrator for the Grievance Procedure as outlined within arbitration. Within ten (10) working days thereafter the other party shall either agree to one of the three suggested arbitrators or it shall propose three different arbitrators in writing to the other party. This procedure of suggesting arbitrators shall continue until a mutually acceptable arbitrator is selected. However, at any point in time after the circumstances giving rise first six arbitrators names have been exchanged, either party may apply to it occurred or originated therein by-passing any prior step the Ontario Ministry of Labour for the appointment of an arbitrator who shall hear and determine the grievance.
5.11 No matter may be submitted to arbitration which has not been properly carried through the required steps of the Grievance Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation 5.12 An arbitrator shall not have the right to alter, change, modify or a violation amend any provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative Agreement.
5.13 The proceedings of the bargaining unitArbitration will be expedited by the parties hereto, with a copy to and the Employment Relations Officer decision of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor Arbitrator will be final and binding upon the Employer, the Association parties hereto and the grievor involvedemployees concerned.
8.12 5.14 The Employer parties will provide jointly bear the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either expense of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenArbitrator.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present Section 1: An Employee is required to discuss, and make a complaint at any time without recourse reasonable effort to the formal written procedure contained hereinresolve, but in the normal course of events grievances shall be registered concerns and complaints with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented his/her immediate supervisor within ten (10) calendar days of the date alleged violation of its occurrence this Agreement, in an attempt to resolve the issue prior to it becoming a written grievance.
Section 2: A grievance under this Article is hereby defined as a complaint by either the Employer or when it came the Union that a specific Article or Section of this Agreement has been violated. Grievances shall be processed as follows:
Step 1: All written grievances shall be presented to the attention Clinical Manager of the nurse affected Employee(s), or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the AssociationUnion, Step No. 2 may be followed within ten (10) dayscalendar days of the occurrence giving rise to such grievance. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive OfficerClinical Manager, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the AssociationUnion, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may shall have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted calendar days to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise respond to the grievance have originated or occurredin writing. A meeting will then be held between In the Employer event the written grievance is not resolved by discussions amongst the Clinical Manager and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlementUnion, the grievance may be referred taken to Arbitration by the Employer in accordance with the Arbitration procedureStep 2.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. Step 2: A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party not satisfactorily resolved in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice Step 1 shall, within ten (10) calendar days inform after the other party receipt of the name of its appointee written response in Step 1, be submitted in writing by the Union to the arbitration boardDirector of Operations or Area Manager, as applicable, or by the Employer to the Union. A meeting will be scheduled to resolve the grievance and a written answer to the grievance will be due within ten (10) calendar days after the Director of Operations/Area Manager’s receipt of the Step 2 written grievance, or the Union’s receipt thereof.
Step 3: If a grievance has not been satisfactorily resolved in Step 2, a written request for a Step 3 meeting must be received within ten (10) calendar days of the receipt of the written response in Step 2. The two appointees so selected shall meeting will be held at a mutually agreeable time with the Union Representative and the Regional Vice President or his/her designee. A written answer will be due within ten (10) calendar days after the Step 3 meeting.
Step 4: If a grievance has not been satisfactorily resolved in Step 3, the Union or the Employer may submit the matter to arbitration within ten
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 10.01 It is the Association may present a complaint at any time without recourse to mutual desire of the formal written procedure contained herein, but in the normal course parties hereto that complaints of events grievances nurses shall be registered adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within seven (7) days after the Employer circumstances giving rise to it have occurred. If the complaint is not settled, it shall be taken up as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date discussion in the following manner and sequence.
10.02 For the purposes of its occurrence or when it came to this Agreement, a grievance is defined as a difference arising between the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates parties relating to the interpretation, application, administration or administration alleged violation of this the Agreement, including any question as to whether a matter is arbitrable.
8.02 At 10.03 The following shall be the first step of this grievance procedure an aggrieved for handling and processing grievances submitted by the nurse, if they so desires, . The nurse may be accompanied by a nurse representativerepresentative if the nurse wishes, and may submit a written grievance signed by the nurse to her immediate supervisor. At Step II The grievance shall identify the nature of the grievance, the provisions of this Agreement which are alleged to have been violated and the remedy which is sought. The immediate supervisor will deliver her decision in writing within seven (7) days following the day on which the grievance procedure was presented to her. Failing settlement, then: Within seven (7) days following the decision under Step No.1, the nurse shall submit the written grievance to the Director of Operations or her designate. A meeting will be held between the Director of Operations or her designate and the Grievance Committee within ten (10) days. It is agreed that a staff representative of the Ontario Nurses’ Association Union may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decide.
8.03 Where no answer is given within desire at such meeting. The Decision of the time limits specified in the Grievance Procedure, the grieving party Director of Operations or her designate shall be entitled to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed delivered within ten (10) days. It days of the meeting.
10.04 A claim by a nurse, except a probationary nurse, that she has been unjustly discharged or suspended, shall be treated as a grievance, if a written statement of such grievance is understood that probationary employees may be suspended or discharged for any reason, so long as lodged by the nurse with the Employer at Step No.2 within seven (7) days after the date the discharge or suspension was not done is imposed. A claim by a nurse, except a probationary nurse, that she has been unjustly disciplined (other than discharge or suspension) shall be treated as a grievance if lodged by the employee in a manner that was arbitrary, discriminatory or accordance with the time limits and procedures set out in bad faithArticles 10.01 and 10.03.
8.07 10.05 At the time formal discipline (including discharge) is imposed or at any stage of the grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall notify the nurse of this right in advance.
10.06 A grievance claiming disciplinearising between the Employer and the Union concerning the interpretation, suspension application, administration or discharge without just cause alleged violation of this Collective Agreement may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd at Step of the Grievance Procedure as outlined No.2 within ten (10) working days after following the circumstances giving rise to it occurred this grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or originated therein by-passing any prior step of nurses which such nurse could have herself instituted and the Procedureregular grievance procedure shall not be thereby be bypassed.
8.09 The Employer 10.07 Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately, they may institute present a group grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signedsigned by each nurse who is grieving, by forwarding a written statement of said grievance to the local representative Director of the bargaining unitOperations or her designate, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or having occurred. A meeting will The grievance shall then be held between treated as being initiated at Step No.2 and shall continue through the Employer procedure as outlined above.
10.08 Failing settlement of any grievance under the foregoing procedure, the grievance may be submitted to arbitration as hereinafter provided. If no written notice of referral to arbitration is received within twelve (12) days after the decision under Step No.2 is given, the grievance shall be deemed to have been abandoned. When either party wish’s to have a grievance referred to arbitration, it shall be given written notice of such referral to the other party within the time limits set out above, and at the Association within same time appoint its nominee to the Arbitration Board. Within ten (10) days, the other party shall appoint its nominee, provided that if such party fails to appoint its nominee, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the party invoking the arbitration procedure. The Association two nominees shall give its decision in writing within ten (10) days after receiving attempt to select, by agreement, a chairperson of the written grievance, and failing settlement, the grievance Arbitration Board.
10.09 No matter may be referred submitted to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) arbitration which has not been properly carried through all requisite steps of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure procedure.
10.10 Each party shall pay its own expenses including those for its nominee and witnesses and the fees and expenses of the chairperson shall be borne equally by the parties.
10.11 The Arbitration Board shall not be empowered to alter, modify, add to or amend any part of the Collective Agreement, or to make any decision which is inconsistent with the provisions of this Collective Agreement.
10.12 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle a grievance.
10.13 The time limits and procedures set out in the Grievance and Arbitration provisions herein are mandatory and not merely directory. A failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned.
10.14 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 chairperson, will be final and binding upon the parties hereto and the nurse or submission nurses concerned.
10.15 Wherever Arbitration Board is referred to in this Collective Agreement, the parties may mutually agree in writing to substitute a single Arbitrator for the Arbitration Board at the time of reference to arbitration outside and the time limits herein other provisions referring to Arbitration Board shall be deemed withdrawn and inarbitrableappropriately apply.
8.11 10.16 All agreements reached under the grievance procedure between the representatives of the Employer and its representatives, the Association and its representatives and of the grievor Union will be final and binding upon the Employer, the Association Union and the grievor involvednurses.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 7.01 In order to ensure that complaints of Nurses shall be remedied as quickly as possible, the Association may present a complaint at any time without recourse to parties agree that the formal written procedure contained herein, but in the normal course of events for submitting and dealing with grievances shall be registered with the Employer as follows: A nurse(s) or It is understood that a Nurse has no grievance until she/he has first given her/his Program Manager an opportunity to adjust her/his complaint. If a Nurse has a complaint, she/he shall, with the Association on their behalf or in its own stead may present assistance of a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days member of the date of its occurrence or when Grievance Committee if desired, discuss it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing with her/his Program Manager within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance complaint have originated or occurred, or within five (5) working days of the time she/he reasonably ought to have known of the circumstances. A The Program Manager shall communicate her/his reply to the complainant within three (3) working days and if not satisfied, the complainant may file a written grievance in the following manner and sequence: The Nurse may with the assistance of a member of the Grievance Committee if desired, submit a written grievance signed by her/him to the Director, Public Health within five (5) working days after she/he has received the reply of the Program Manager. The Director, Public Health will hold a meeting will then be held between within seven (7) working days, with the Employer Grievance Committee to discuss the grievance. The nature of the grievance and the Association within ten (10) daysremedy sought shall be clearly set out in the grievance. The Association shall give its Director, Public Health will deliver her/his decision in writing within ten five (105) working days after receiving from the date of the meeting to the Bargaining Unit President. Failing settlement, then: Within five (5) working days following the decision under Step No. 1, the Nurse must, with the assistance of a member of the Grievance Committee if desired, present the written grievance to the General Manager, Health and Family Services who will hold a meeting within seven (7) working days, with the Grievance Committee, to discuss the grievance. The General Manager, Health and failing Family Services will give her/his decision in writing within five (5) working days from the date of the meeting to the Bargaining Unit President and copied to the Labour Relations Officer. Failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation submitted to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s9.01 It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible and it is understood that a nurse has no grievance until she has first given her Director of Care opportunity of adjusting her complaint. Such complaint shall be discussed with her Director of Care within five (5) days after the circumstances giving rise to it have occurred or the Association may present a complaint at any time without recourse ought reasonably to have come to the formal written procedure contained herein, but attention of the nurse and the Director of Care shall reply within five (5) days. It may then be taken up as a grievance within five (5) days following advice of her Director of ▇▇▇▇’s decision in the normal course of events grievances shall be registered with the Employer as followsfollowing manner and sequence: A nurse(s) or the Association Union on her/their behalf or in its own stead may present a grievance in writing to the Director of NursingHomes, Social and Property Services or designate. Such a grievance must be presented within ten fifteen (1015) days of the date of its occurrence or when it came to the attention of the nurse or the AssociationUnion. The Director of Nursing Homes, Social and Property Services or delegate shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the AssociationUnion, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven ten (710) days following the meeting decision under Step No. 1 the nurse with the assistance of a nurse representative if desired, may submit the written grievance to the Senior Manager of Human Resources or designate. The parties, including the Labour Relations Officer, will meet within ten (10) days of the filing of the grievance. The Senior Manager of Human Resources or designate shall deliver her decision in writing within five (5) days following submission of the meeting being held. A copy of the second step grievance reply will be forwarded to the Chief Executive Labour Relations Officer, if no . It is further understood that the Senior Manager of Human Resources or her designate may have such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) counsel and the Chairperson of the Union Representativeassistance as she may desire at such meeting. If the decision is unsatisfactory to the nurse(s) nurse or the AssociationUnion, it may be referred to arbitration, if it relates to arbitration in accordance with the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrablearbitration procedure.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 9.02 A nurse is entitled prior to be represented by a member of the imposition Bargaining Unit when formal written discipline is imposed, or at any step of discipline, the grievance process. In cases where discipline involves suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse shall be notified of their this right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or dischargein advance. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a Any grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may shall be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Boardinitiated at Step No. 2.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 9.03 The Employer may institute a grievance consisting of an allegation release of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise probationary nurse shall not be subject to the grievance have originated or occurred. A meeting will then be held between procedure unless the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached probationary nurse is released for exercising a right under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or the Association may present a complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances A grievance under this agreement shall be registered with defined as any difference or dispute between the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates any employee covered under this agreement relating to the interpretation, application, application or administration of this Agreementagreement, including any question questions as to whether a the matter is arbitrablearbitrable and the allegation that this agreement has been violated.
(a) The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or their immediate supervisor who is not a member of the bargaining unit, at the first opportunity.
(b) An Employee shall not leave her regular duties in order to submit a grievance until she has first secured permission from her immediate supervisor. Such permission shall not be unreasonably withheld and shall be granted prior to the end of the shift.
8.02 At the first step In all steps of this grievance procedure an aggrieved nurseemployee, if they she so desires, desires may be accompanied by a nurse representativeor represented by her Union Representative. At Step II 1 of the grievance procedure a representative of the Ontario Nurses’ ' Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decideeither party.
8.03 Where no answer is given within Should any dispute arise between the time limits specified in Employer and an employee, or between the Grievance ProcedureEmployer and the Union, as to the grieving party interpretation, application, administration or alleged violation of any of the provisions of this Agreement, an ▇▇▇▇▇▇▇ effort shall be entitled made to submit the grievance to the next step.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for settle such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed differences within ten (10) working days of the occurrence. If further action is to be taken, then within ten (10) working days of the discussion, the employee, who may request the assistance of her or his Union Reprepresentative, shall submit the written grievance to the Administrator. A meeting will be held between the parties within ten (10) working days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in The Administrator shall give a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion written decision within ten (10) working days of the conferring parties meeting to the Labour Relations Officer. Should the Administrator fail to render his decision or an Arbitration Board.
8.08 Where failing settlement of any grievance under the foregoing procedure, including any questions as to whether a dispute involving matter is arbitrable then a question meeting will be held at which shall attend, the Director of general application or interpretation occurs or where a group of employees or Human Resources and the Association has a grievanceLabour Relations Officer, such a question or if no settlement is reached, then the grievance may be directly submitted referred to arbitration by either party. If no written notice of intent to submit the 2nd Step of the Grievance Procedure as outlined matter for arbitration is received within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it decision under Step No. 2 is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlementreceived, the grievance may shall be referred deemed to Arbitration have been settled or abandoned.
8.04 A written grievance will indicate the nature of the grievance, the article of the agreement that is alleged to have been violated and the remedy sought by the Employer in accordance with the Arbitration proceduregrievor.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time 8.05 Time limits specified fixed in the grievance and arbitration procedure are mandatory and procedures may be extended only by written, mutual consent of the parties. Should the Employer not merely directory. A grievance or submission respond within the time(s) fixed, such failure to arbitration outside the time limits herein respond shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under to be a denial of the grievance. Should a grievance procedure between not be submitted within the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of various time limits specified in this Agreement, including any question as unless mutually extended, it shall be considered to whether a matter is arbitrable, have been settled or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenabandoned.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 10.01 The Employer and the Association may present Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint at any time without recourse to with her supervisor and the formal written procedure contained herein, but in the normal course of events grievances matter has not been resolved. Such complaint shall be registered with the Employer as follows: A nurse(s) or the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursing. Such a grievance must be presented discussed within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) calendar days following after the meeting or within five (5) days following submission circumstances giving rise to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) it have occurred and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Associationfailing resolution, it may be referred to arbitration, if it relates to taken up as a grievance within seven (7) calendar days following advice of her supervisor’s decision in the manner and sequence outlined below.
10.02 A formal grievance is defined as an alleged difference over the interpretation, application, administration or administration alleged violation of this Agreement, Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the article(s) of this Collective Agreement to have been violated and must be filed no later than seven (7) days following the advice of the employee’s supervisor as per Article 10.01 above.
8.02 At 10.03 The following shall be the first step procedure for handling and processing grievances submitted by the employee. The employee may submit a grievance in writing to the Program Director or designate who shall give her decision within seven (7) calendar days of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II receipt of the grievance. If the grievance procedure is not satisfactorily resolved at Step#1, the employee may submit the written grievance to the President/CEO or designate within seven (7) calendar days following the decision in Step #1. A meeting will be held between the Employer and the grievance committee within fourteen (14) calendar days of the referral. It is agreed that a staff representative of the Ontario Nurses’ Association Union may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decidedesire at the meeting. The Employer’s decision will be delivered within seven (7) calendar days of the meeting. A copy of the Step 2 grievance reply will be provided to the Labour Relations Officer of the Association.
8.03 Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party 10.04 A claim by an employee who has completed her probationary period that she has been unjustly discharged or suspended shall be entitled to submit the grievance to the next step.
8.04 When treated as a grievance if a written statement of such grievance is submitted it shall be in writing, clearly setting forth lodged by the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held employee with the Employer to discuss at Step #2 within seven (7) calendar days after the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as date the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faithis imposed.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within ten
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 10.01 The Employer and the Association may present Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that a nurse has no grievance until she has first discussed her complaint at any time without recourse to the formal written procedure contained herein, but in the normal course of events grievances shall be registered with the Employer as follows: A nurse(s) or and the Association on their behalf or in its own stead may present a grievance in writing to the Director of Nursingmatter has not been resolved. Such a grievance must be presented within ten (10) days of the date of its occurrence or when it came to the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance complaint shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within discussed within seven (7) calendar days following after the meeting or within five (5) days following submission circumstances giving rise to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) it have occurred and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Associationfailing resolution, it may be referred to arbitration, if it relates to taken up as a grievance within seven (7) calendar days following the Employer’s decision in the manner and sequence outlined below.
10.02 A formal grievance is defined as an alleged difference over the interpretation, application, administration or administration alleged violation of this Agreement, Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, and indication of the article(s) of this Collective Agreement to have been violated and must be filed no later than seven (7) days following the Employer’s decision as per Article 10.01 above. Union grievances shall be on the form set out in Appendix “C”. It being understood that an electronic version of this form is acceptable.
8.02 At 10.03 The following shall be the first step procedure for handling and processing grievances submitted by the nurse. The nurse may submit a grievance in writing to the Program Director or designate who shall give her decision within seven (7) calendar days of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II receipt of the grievance. If the grievance procedure is not satisfactorily resolved at Step #1, the nurse may submit the written grievance to the President/CEO or designate within seven (7) calendar days following the decision in Step #1. A meeting will be held between the Employer and the grievance committee within fourteen (14) calendar days of the referral or such other time mutually agreed by the parties. It is agreed that a staff representative of the Ontario Nurses’ Association Union may be present at the request of the local Association or the Employer, meeting and that the Employer may have such counsel and assistance as it may decidedesire at the meeting. The Employer’s decision will be delivered in writing to the Bargaining Unit President within seven (7) calendar days of the meeting. A copy of the Step #2 grievance reply will be provided to the Labour Relations Officer of the Union.
8.03 Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party 10.04 A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be entitled to submit the grievance to the next step.
8.04 When treated as a grievance if a written statement of such grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended lodged by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss at Step #2 within seven (7) calendar days after the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as date the discharge or suspension was not done in is imposed. A claim by a manner nurse that was arbitrary, discriminatory she has been unjustly disciplined (other than discharge or in bad faith.
8.07 A suspension) shall be treated as a grievance claiming discipline, suspension or discharge without just cause may be settled lodged by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance have originated or occurred. A meeting will then be held between the Employer and the Association within ten (10) days. The Association shall give its decision in writing within ten (10) days after receiving the written grievance, and failing settlement, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject to subsection 48(16) of the Labour Relations Act R.S.O. 1995, c. 228, the time limits specified in the grievance and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenaccordance
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 Any nurse(s) or 7.01 In order to ensure that complaints of Nurses shall be remedied as quickly as possible, the Association may present a complaint at any time without recourse to parties agree that the formal written procedure contained herein, but in the normal course of events for submitting and dealing with grievances shall be registered with the Employer as follows: A nurse(s) or It is understood that a Nurse has no grievance until the Association on their behalf or in its own stead may present Nurse has first given the Nurse’s Program Manager an opportunity to adjust the Nurse’s complaint. If a grievance in writing to Nurse has a complaint, the Director Nurse shall, with the assistance of Nursing. Such a grievance must be presented within ten (10) days member of the date of its occurrence or when Grievance Committee if desired, discuss it came to with the attention of the nurse or the Association. The Director of Nursing shall render a decision in writing Nurse’s Program Manager within five (5) days following the day on which the grievance was submitted. If the decision is unsatisfactory to the nurse(s) or the Association, Step No. 2 may be followed within ten (10) days. The grievance shall be referred to the Chief Executive Officer or designate who shall call a meeting with the Union Representative at the request of either party at a time mutually convenient to both parties. Within seven (7) days following the meeting or within five (5) days following submission to the Chief Executive Officer, if no such meeting is held, the Chief Executive Officer shall reply in writing to the nurse(s) and the Chairperson of the Union Representative. If the decision is unsatisfactory to the nurse(s) or the Association, it may be referred to arbitration, if it relates to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable.
8.02 At the first step of this grievance procedure an aggrieved nurse, if they so desires, may be accompanied by a nurse representative. At Step II of the grievance procedure a representative of the Ontario Nurses’ Association may be present at the request of the local Association or the Employer, and the Employer may have such counsel and assistance as it may decide.
8.03 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.
8.04 When a grievance is submitted it shall be in writing, clearly setting forth the nature of the grievance, and the remedy sought.
8.05 Time limits fixed in the Grievance and Arbitration Procedures may be extended by mutual consent.
8.06 A nurse is entitled prior to the imposition of discipline, suspension or discharge, to be given written reasons for such action and the Employer must notify the nurse of their right to have an Association representative present at any meeting to be held with the Employer to discuss the discipline, suspension or discharge. If a nurse declines their right to have an Association representative present, the Employer agrees to notify the Association within three (3) days of any such discharge, discipline or suspension. Should the nurse(s) or the Association wish to file a grievance against any such discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days. It is understood that probationary employees may be suspended or discharged for any reason, so long as the discharge or suspension was not done in a manner that was arbitrary, discriminatory or in bad faith.
8.07 A grievance claiming discipline, suspension or discharge without just cause may be settled by confirming the Employer’s action or by reinstating the nurse and making them whole in all respects, or by any other arrangement which is just and equitable in the opinion of the conferring parties or an Arbitration Board.
8.08 Where a dispute involving a question of general application or interpretation occurs or where a group of employees or the Association has a grievance, such a question or grievance may be directly submitted to the 2nd Step of the Grievance Procedure as outlined within ten (10) working days after the circumstances giving rise to it occurred or originated therein by-passing any prior step of the Procedure.
8.09 The Employer may institute a grievance consisting of an allegation of a general misinterpretation or a violation of this Agreement in writing, dated and signed, by forwarding a written statement of said grievance to the local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses’ Association, provided it is presented within ten (10) days after the circumstances giving rise to the grievance complaint have originated or occurred, or within five (5) working days of the time the Nurse reasonably ought to have known of the circumstances. A The Program Manager shall communicate her/his reply to the complainant within three (3) working days and if not satisfied, the complainant may file a written grievance in the following manner and sequence: The Nurse may with the assistance of a member of the Grievance Committee if desired, submit a written grievance signed by the Nurse to the Director, Public Health within five (5) working days after the Nurse has received the reply of the Program Manager. The Director, Public Health will hold a meeting will then be held between within seven (7) working days, with the Employer Grievance Committee to discuss the grievance. The nature of the grievance and the Association within ten (10) daysremedy sought shall be clearly set out in the grievance. The Association shall give its Director, Public Health will deliver her/his decision in writing within ten five (105) working days after receiving from the date of the meeting to the Bargaining Unit President. Failing settlement, then: Within five (5) working days following the decision under Step No. 1, the Nurse must, with the assistance of a member of the Grievance Committee if desired, present the written grievancegrievance to the General Manager, Health and failing settlementFamily Services who will hold a meeting within seven (7) working days, the grievance may be referred to Arbitration by the Employer in accordance with the Arbitration procedure.
8.10 Subject Grievance Committee, to subsection 48(16) of discuss the Labour Relations Act R.S.O. 1995grievance. The General Manager, c. 228, the time limits specified in the grievance Health and arbitration procedure are mandatory and not merely directory. A grievance or submission to arbitration outside the time limits herein shall be deemed withdrawn and inarbitrable.
8.11 All agreements reached under the grievance procedure between the Employer and its representatives, the Association and its representatives and the grievor Family Services will be final and binding upon the Employer, the Association and the grievor involved.
8.12 The Employer will provide the necessary facilities for grievance meetings.
(a) Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party give her/his decision in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party’s appointee to an arbitration board. The recipient of the notice shall, within ten (10) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall within tenfive
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Sources: Collective Agreement