Common use of GRIEVANCE AND ARBITRATION PROCEDURES Clause in Contracts

GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 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 Manager of Resident Care or designate the opportunity of adjusting her complaint. Such complaint shall be discussed with her Manager of Resident Care or designate within ten (10) days after the circumstances giving rise to it have occurred and the Manager of Resident Care or designate shall reply within ten (10) days. It may then be taken up as a grievance within ten (10) days following the receipt of the decision of the Manager of Resident Care or designate in the following manner and sequence: 8.02 Step No. 1 Step No. 2 Step No. 3 8.03 All agreements reached under the grievance procedures between the representatives of the Employer and the representatives of the Association will be final and binding upon the Employer and the Association and the nurses. 8.04 The time limits set out in the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such time limits shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Act. All grievances shall be properly carried through the requisite steps of the Grievance Procedure in a business-like manner before it is submitted to arbitration. Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party shall be entitled to submit the grievance to the next step of the Grievance Procedure. The parties may agree to waive or extend any of the time limits established in the grievance and/or arbitration procedures and where such agreement is reached, it shall be in writing.

GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 It is the mutual desire of the parties hereto 7.01 In order to ensure that complaints of nurses Nurses shall be adjusted remedied as quickly as possible, the parties agree that the procedure for submitting and it dealing with grievances shall be as follows: It is understood that a nurse Nurse has no grievance until she she/he has first given her her/his Program Manager of Resident Care or designate the an opportunity of adjusting her to adjust her/his complaint. Such complaint shall be discussed If a Nurse has a complaint, she/he shall, with her the assistance of a member of the Grievance Committee if desired, discuss it with her/his Program Manager of Resident Care or designate within ten five (105) working days after the circumstances giving rise to it the complaint have occurred and the Manager of Resident Care originated or designate shall reply occurred, or within ten five (105) days. It may then be taken up as a grievance within ten (10) working days following the receipt of the decision time she/he reasonably ought to have known of the circumstances. The Program Manager of Resident Care or designate 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: 8.02 Step No: 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. 1 Step No. 2 Step No. 3 8.03 All agreements reached under The nature of the grievance procedures between the representatives of the Employer and the representatives of the Association will remedy sought shall be final and binding upon the Employer and the Association and the nurses. 8.04 The time limits clearly set out in the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such time limits shall result grievance. The Director, Public Health will deliver her/his decision in writing within five (5) working days following the day on which the grievance being deemed was presented to have been abandoned subject only her/him to the provisions of Section 44(6) of Bargaining Unit President and copied to the Labour Relations ActOfficer. All grievances shall be properly carried through Failing settlement, then: Within five (5) working days following the requisite steps decision under Step No. 1, the Nurse may, with the assistance of a member of the Grievance Procedure 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 Family Services will give her/his decision in a business-like manner before it is 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 submitted to arbitration. Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party shall be entitled to submit the grievance to the next step of the Grievance Procedure. The parties may agree to waive or extend any of the time limits established in the grievance and/or arbitration procedures and where such agreement is reached, it shall be in writing.

GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 It is Any nurse(s) or the mutual desire 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 seven (7) days of its occurrence or when it came to the attention of the parties hereto that complaints nurse or the Association. The Director of nurses 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 adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given her Manager of Resident Care or designate the opportunity of adjusting her complaint. Such complaint shall be discussed with her Manager of Resident Care or designate followed within ten (10) days. The grievance shall be referred to the Administrator or his designate who shall call a meeting of the 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 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 the Home shall be delivered in writing within seven (7) days following the date of such meeting. If the decision is unsatisfactory to the nurse or the Association, it may be referred to arbitration in accordance with the arbitration procedure. 8.02 At any step in the grievance procedure, including the complaint stage, the nurse may be accompanied by/or represented by her nurse 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 by the Home will be forwarded in writing to the Local representative of the bargaining unit, with a copy to the Employment Relations Officer of the Ontario Nurses' Association. The grievance shall then be treated as having been initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 8.04 Where the Association files a grievance on behalf of a nurse(s), or where a number of nurses have identical grievances, they may present a group grievance in writing to the Administrator, or his designate, within fourteen (14) calendar days after the circumstances giving rise to it the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step No. 2 and the Manager applicable provisions of Resident Care this article shall then apply with respect to the processing of such grievance. 8.05 A nurse is entitled prior to the imposition of discipline, suspension or designate shall reply discharge, to be given written reasons for such action and the Employer must notify the nurse of 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 her right to have an Association representative present, the Employer agrees to notify the Association within ten three (103) daysdays of any such discharge, discipline or suspension. It may then be taken up as 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 following at Step #2. It is understood that probationary employees may be discharged, so long as the receipt of the decision of the Manager of Resident Care discharge was not done in a manner that was arbitrary, discriminatory or designate in the following manner and sequence: 8.02 Step No. 1 Step No. 2 Step No. 3 8.03 All agreements reached under the grievance procedures between the representatives of the Employer and the representatives of the Association will be final and binding upon the Employer and the Association and the nursesbad faith. 8.04 The time limits set out in the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such time limits shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Act. All grievances shall be properly carried through the requisite steps of the Grievance Procedure in a business-like manner before it is submitted to arbitration. 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 of the Grievance Procedure. The parties may agree to waive or extend any of the time limits established in the step. 8.07 When a grievance and/or arbitration procedures and where such agreement is reached, 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 action or by reinstating the nurse and making 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. 8.10 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 the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Act. 8.11 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 (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 limits, the appointment shall be made by the Minister of Labour for Ontario, upon request of either party. 8.12 No person may be appointed as an arbitrator, who has been involved in an attempt to negotiate or settle a grievance. 8.13 The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision is final and binding upon the parties, and upon any nurse affected by it. 8.14 The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it nor shall any practices or customs be binding unless reduced to writing by the Association and the Employer. 8.15 The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern. 8.16 Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own appointee and one-half (1/2) of the expenses and fees of the Chairperson. 8.17 Upon mutual agreement of the parties in writing, a single arbitrator may be substituted for the Board of Arbitration. In such case, all of the other provisions of this Article shall continue to apply as with the Board of Arbitration. 8.18 Any time limits referred to in the Grievance and Arbitration Procedures shall be exclusive of Saturdays, Sundays, Paid Holidays and the days off of the aggrieved nurse. 8.19 Within ten (10) days of the receipt of notice referred to in Article 8.01 above, either party may require a process for a sole arbitrator, where the grievance concerns: (a) a job posting (b) a short term layoff (c) responsibility pay, premiums, overtime and call-in pay (d) entitlement to leave (e) scheduling issues (f) any other grievance as mutually agreed All references in Article 8 to an Arbitration Board shall be taken to include a sole arbitrator. Once appointed the sole arbitrator shall have the power to mediate/arbitrate the grievance, including the power to impose a settlement in accordance with Article 8.17. The parties agree that, where an informal process is initiated, presentations proceeding under this dispute resolution mechanism shall include a comprehensive opening statement and thereafter, shall be as short and concise as possible. The parties agree to make limited reference to authorities during such submissions.

GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 It 10.01 The Employer and the Union agree that it is the mutual desire of the parties hereto that important to adjust complaints of nurses shall be adjusted and grievances as quickly as possible, and it . It is understood that a nurse has no grievance until she has first given discussed her Manager of Resident Care or designate complaint with the opportunity of adjusting her complaintEmployer and the matter has not been resolved. Such complaint shall be discussed with her Manager of Resident Care or designate within ten seven (107) calendar days after the circumstances giving rise to it have occurred and the Manager of Resident Care or designate shall reply within ten (10) days. It failing resolution, it may then be taken up as a grievance within ten seven (107) calendar days following the receipt of the Employer’s decision of the Manager of Resident Care or designate in the following manner and sequence: 8.02 Step No. 1 Step No. 2 Step No. 3 8.03 All agreements reached under the grievance procedures between the representatives of the Employer and the representatives of the Association will be final and binding upon the Employer and the Association and the nursessequence outlined below. 8.04 The time limits set out in 10.02 A formal grievance is defined as an alleged difference over the grievance and arbitration procedures herein are mandatory and failure interpretation, application, administration or alleged violation of this Collective Agreement including any question as to comply strictly with such time limits shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Actwhether a matter is arbitrable. All grievances shall be properly carried through in writing and contain a statement of facts giving rise to the requisite steps grievance, the redress sought, and indication of the Grievance Procedure 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. 10.03 The following shall be the procedure for handling and processing grievances submitted by the nurse. The nurse may submit a business-like manner before it 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 grievance is submitted to arbitration. Where no answer is given within the time limits specified in the Grievance Procedurenot satisfactorily resolved at Step #1, the grieving party shall be entitled to nurse may submit the written grievance to the next step of President/CEO or designate within seven (7) calendar days following the Grievance Proceduredecision in Step #1. The parties may agree to waive or extend any of A meeting will be held between the time limits established in Employer and the grievance and/or arbitration procedures and where such agreement is reached, it shall be in writing.committee within fourteen

GRIEVANCE AND ARBITRATION PROCEDURES. 8.01 9.01 It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, possible and it is understood that a nurse has no grievance until she has first given her Manager Director of Resident Care or designate the opportunity of adjusting her complaint. Such complaint shall be discussed with her Manager Director of Resident Care or designate within ten five (105) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and the Manager Director of Resident Care or designate shall reply within ten five (105) days. It may then be taken up as a grievance within five (5) days following advice of her Director of Care’s decision in the following manner and sequence: A nurse(s) or the Union on her/their behalf or in its own stead may present a grievance in writing to the Director of Homes or designate. Such a grievance must be presented within fifteen (15) days of its occurrence or when it came to the attention of the nurse or the Union. The Director of 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 Union, Step No. 2 may be followed within ten (10) days. Within ten (10) days following the receipt of the decision of the Manager of Resident Care or designate in the following manner and sequence: 8.02 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 of the meeting being held. A copy of the second step grievance reply will be forwarded to the Labour Relations Officer. It is further understood that the Senior Manager of Human Resources or her designate may have such counsel and assistance as she may desire at such meeting. If the decision is unsatisfactory to the nurse or the Union, it may be referred to arbitration in accordance with the arbitration procedure. 9.02 A nurse is entitled to be represented by a member of the Bargaining Unit when formal written discipline is imposed, or at any step of the grievance process. In cases where discipline involves suspension or discharge, the nurse shall be notified of this right in advance. Any grievance against suspension or discharge shall be initiated at Step No. 2 Step No. 32. 8.03 All agreements reached under 9.03 The release of a probationary nurse shall not be subject to the grievance procedures between procedure unless the representatives of the Employer and the representatives of the Association will be final and binding upon the Employer and the Association and the nursesprobationary nurse is released for exercising a right under this Agreement. 8.04 The time limits set out in the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such time limits shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Act. All grievances shall be properly carried through the requisite steps of the Grievance Procedure in a business-like manner before it is submitted to arbitration. Where no answer is given within the time limits specified in the Grievance Procedure, the grieving party shall be entitled to submit the grievance to the next step of the Grievance Procedure. The parties may agree to waive or extend any of the time limits established in the grievance and/or arbitration procedures and where such agreement is reached, it shall be in writing.