Common use of GRIEVANCE AND ARBITRATION Clause in Contracts

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to the meaning or application of the provisions of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences30.1 Any dispute involving the application, disputes interpretation, administration, or alleged violation of this Agreement may be made the subject of a grievance. The parties agree that they will use their best efforts to encourage informal, amicable and prompt settlement of complaints arise as to and grievances arising from the meaning application, interpretation, administration, or application of the provisions alleged violation of this Agreement, such differences . 30.2 Grievances shall be resolved conducted on a confidential need to know basis to preserve the privacy and the dignity of the employee grieving as well as of other employees in the following manner:workplace. (a) An employee with 30.3 Before the formal grievance procedure is initiated, reasonable attempts shall be made by the President or designate and the ▇▇▇▇▇▇▇ to resolve issues. 30.4 If the dispute is resolved at this stage, the resolution shall be put in writing and countersigned by both the President or sole designate and the Employee. 30.5 Failing resolution at the Informal Discussion stage, the Union, on behalf of the Employee, may file a grievance shallin writing with the Employer within twenty (20) days of becoming aware of the circumstances giving rise to the grievance. 30.6 The written grievance, signed by the ▇▇▇▇▇▇▇, shall state what is alleged to have been violated or improperly applied or which act or omission is in dispute, the relief or remedy sought and the facts relied upon. 30.7 A meeting between two representatives of the Union and two representatives of the Employer shall be called within ten (10) calendar days of the knowledge submission of the occurrence grievance. The Employer representatives shall not be members of the incident which gave rise Staff Relations Committee. The purpose of this meeting shall be to find a resolution to the grievancegrievance acceptable to both parties. 30.8 If the dispute is resolved at this stage, discuss the resolution shall be put in writing and countersigned by both the President or sole designate and the ▇▇▇▇▇▇▇ or sole designate. 30.9 The Union shall notify the Employer following the completion of the process at Stage 1 if it will be proceeding to Stage 2. 30.10 The Employer shall arrange a meeting with the Fire Chief or Staff Relations Committee, the grievor and his/her designated representative, with the object of resolving the matter informally, if requested, Union representative(s) at a member of the Executive Committee may be present. mutually agreeable time within fifteen (b15) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered notification to the Human Resources Director after which he/she move to Stage 2. The Staff Relations Committee shall have five (5) calendar days to render an answer deliver their decision in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar working days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Associationmeeting. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting If the grievance in questions, but he/she shall is still not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesresolved, the arbitrator shall determine if Union may submit the discharge or discipline grievance to arbitration as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority set out in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesArticle 30.16. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences[a] A grievance is defined for the purposes of this Article as an expressed difference or dispute between an employee and the Publisher, disputes or complaints arise as to the meaning Union and the Publisher regarding the interpretation, application, administration or application of the provisions alleged violation of this Agreement, . It is the mutual desire of the parties hereto that such differences shall grievances be resolved in the following manner: (a) An employee with a grievance shall, within adjusted and settled as quickly as possible without stoppage of work. Within ten (10) calendar working days of the knowledge of the occurrence of or the incident which gave date that the employee could have reasonably known of the occurrence or origination of the circumstances giving rise to the grievance, discuss it with the Fire Chief or hisemployee shall take the matter to the immediate supervisor in the department concerned in order to achieve a mutually satisfactory resolution. Such employee may ask a union representative to accompany him/her designated representative, with the object of resolving when taking the matter informallyto the immediate supervisor, if requested, a in which case the immediate supervisor may have another member of management attend the Executive Committee meeting. If a satisfactory resolution is not reached within two (2) working days or within such longer period which may be present. (b) If an impasse has been reached in the above stepmutually agreed upon, the grievance shall be reduced to writing taken up in the following manner and sequence provided it is presented within five (5) calendar working days of the informal meeting and delivered immediate supervisor's reply to the Human Resources Director after which he/she employee. STEP 1 The Union Representative shall make a written presentation to the immediate supervisor setting forth the name[s] of the grievor[s], the date[s] the incident[s] occurred, the nature of the grievance, the Article[s] of the collective agreement alleged to have been violated and the relief sought. A meeting shall be held between the parties within five (5) calendar days of receipt of the written presentation to render an answer discuss the grievance. The Publisher shall give the Union Representative a decision in writing within two (2) working days following the meeting. STEP 2 Failing settlement of the grievance, the Union shall, within five (5) working days of receiving the reply of the Publisher refer the matter in writing to Step 2 of the grievance procedure. At Step 2 of the grievance procedure, a meeting shall take place between the Local Union Representative and the Employer Representative. The Employer shall reply in writing within ten days of the meeting. STEP 3 Should Step 2 of the grievance procedure fail to resolve the grievance, the grievance may be referred to a meeting between the Publisher and the National Union Representative. Such meeting shall be set up within five (5) days of the referral and such meeting shall occur at the earliest possible date but no later than (21) days after the referral [such time may be extended by mutual agreement]. If the grievance cannot be settled at this meeting, the Union President. (c) If no solution to may then refer the grievance can be reached by the above stepto arbitration, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules terms and regulations conditions of the AssociationLabour Relations Act of Ontario, within a further thirty (30) calendar days of completion of the steps outlined in this Article. The expenses results of such arbitration shall be final and binding on both parties. In any grievance, the parties may by mutual written consent omit the referral to Step 2 or the meeting with the National Representative and refer the matter directly to arbitration. [b] The parties agree, in the interest of cost-containment, that a single arbitrator constitutes a Board of Arbitration. Unless mutually agreed otherwise, the parties will use a single arbitrator when it becomes necessary to resolve a grievance through arbitration. The parties shall each share equally the cost of the Arbitratorservices of the arbitrator, excepting who shall be chosen on mutual agreement of the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety decision of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the Union and the Publisher. [c] The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify or amend any part of this Agreement. [d] Time limits set out in this Article are mandatory. Failure to comply with the time limits set out in this Article shall result in the grievance being deemed to be withdrawn and abandoned. Any grievance shall be deemed to have been withdrawn and abandoned if the grievance is not advanced through the grievance procedure in accordance with the time limits outlined in this Article. Time limits shall be extended only by mutual consent of the parties in writing. [e] Employees shall have the right to have a shop ▇▇▇▇▇▇▇ present at any disciplinary meeting in which the employee is to be given a verbal or written warning, or a notice of suspension or letter of discharge. A copy of any written warning or notice of suspension or letter of discharge shall be given to the employee and affected employees. the Union. A written warning or notice of suspension or letter of discharge shall include the reason[s] for such discipline and shall be issued within five (e5) The days of the warning, suspension or discharge. Notwithstanding the above, an employee may request the presence of a Union Representative at any meeting with management. [f] It is agreed that the Company will not discipline or discharge an employee except for just cause. Step 1 of the Grievance Procedure provided may be omitted on mutual agreement in this Agreement the case of discharge for just cause. [g] A policy grievance shall proceed directly to Step 2 of the grievance procedure. A grievance by management shall be supplementary or cumulative toadvanced in accordance with Article 9 [a - e] above, rather than exclusive of, any procedures or remedies afforded but shall proceed directly to any employee by lawStep 2 of the grievance procedure.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to 9.01 It is the meaning or application mutual desire of the provisions parties to this Agreement that grievances are dealt with as quickly as possible. For purposes of this Agreement, such differences a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement. 9.02 It is understood that a Nurse has no grievance until he/she has first given her Director of Care or designate the opportunity of hearing the complaint. A Nurse, with the assistance of her Union representative, if she so desires, shall discuss a complaint with his/her Director of Care or designate within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Nurse. Failing satisfactory settlement within five (5) working days, it shall then be taken up as a grievance within five (5) working days following advice of the Director of Care or designate’s decision. 9.03 In all steps of this grievance procedure an aggrieved employee may, if he/she so desires, be accompanied by or be represented by his/her ONA representative. The Nurse may submit a written grievance to his/her Director of Care or designate. The grievance shall be resolved on an ONA Grievance Form and shall identify the nature of the grievance and the remedy sought, and shall identify the provisions of the Agreement which are alleged to have been violated. A meeting will be arranged within nine (9) working days between the aggrieved and his/her ONA representative and the Director of Care or designate and Director of Nursing or delegate. The Director Of Nursing or delegate will deliver his/her decision in writing within nine (9) working days following the day on which the grievance was presented to him/her. Within ten (10) working days following manner: the decision in Step One, the grievance may be submitted in writing to the Director of Nursing and Human Resources. A meeting will then be held between the Management Committee and the Grievance Committee within ten (a10) An employee with a grievance shallworking days of the submission of the grievance. A decision shall be given, in writing, within ten (10) calendar working days after the meeting at which it was discussed. A Labour Relations Officer may attend this meeting. The parties may agree that there are circumstances where the services of a grievance mediator may allow for an objective, independent review of the knowledge issue(s) in dispute and assist the parties in resolving grievances. By mutual agreement the parties may extend the time limits and utilize the services of a Mediator. The cost of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may Mediator will be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting shared between the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08a) The non-94) Should any differencespayment of wages and other monies, disputes when due to an Employee or complaints arise as to the meaning Union, shall constitute a breach of this Agreement by the Employer. The Employer shall pay all legal and other costs incurred in the collection of overdue monies. In the event of non-payment, the Union and its members are under no obligation to provide services or application of to avert a work stoppage. (b) All complaints, disagreements or disputes between the provisions of Employer and the Union or the Employees covered by this Agreement, such differences which concerns the interpretation, application, operation and/or alleged contravention of this Collective Agreement or any related Deal Memorandum, shall be considered a Grievance. (c) The Grievance Procedure shall be as follows: i. When a dispute arises in the workplace, the Union and the Employer will first try to resolve that dispute through discussion. If the matter cannot be resolved in that manner, and the following manner:matter gives rise to a grievance, the Employee may then be accompanied by a Union representative, and the grievance shall immediately be taken up with the Production Manager or alternate appointee by the Employer. ii. Should a resolution not be reached, then the Employee may file a Notice of Grievance with the Union Office within fourteen (a) An employee with a grievance shall, within ten (1014) calendar days of the knowledge occurrence which the grievance was based, or, within fourteen (14) calendar days after the facts underlying the grievance became known by the Employee. Upon receipt, a representative of the Union shall investigate the claims, then discuss the matter with a representative of the Employer. A representative of the Union may also invoke the Grievance Procedure on behalf of any Employee or group of Employees, or on its own behalf as a policy grievance. At this stage, the Union and the Employer shall thoroughly discuss the matter and endeavour to reach an amicable settlement. iii. If the grievance is not settled, then a grievance must be reduced to writing. This Grievance Letter must be submitted to the other party within thirty (30) calendar days of the occurrence of the incident event(s) upon which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing is based, or, within five thirty (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (1030) calendar days after step the facts underlying the grievance became known, or should have reasonable become known by the Employee, the Employer, or the Union. Claims not submitted within this time period shall be deemed waived unless there are reasonable extenuating circumstances, or unless the time period is extended by mutual consent of the parties in writing. iv. Should a resolution not be reached within fourteen (b)14) days after receipt of the Grievance Letter, then the grievance may be submitted to arbitration by either the Employer or the Union. If negotiations in regard to the matters outlined in this Article shall fail, any dispute between the Union and the Employer regarding wages and working conditions as therein set forth shall be settled by reference to a sole arbitrator, as agreed by mutual consent. In the event the parties cannot agree on a single arbitrator within twenty (20) working days, either/or both parties are free to seek assistance from the Manitoba Labour Board, pursuant to Section 114 of The Labour Relations Act. v. The single arbitrator appointed pursuant to this Article, shall meet and hear evidence from the Union and the Employer, and shall issue an award within ninety (90) calendar days after completion of hearing the evidence, unless the parties hereto agree to extend or abridge the time for issuance of the award. An award issued by an arbitrator shall be deemed to be final and binding on all parties to the arbitration. vi. An arbitrator shall have the authority to determine whether any matter referred to it is arbitrable. vii. The Employer and the Union agree that each shall bear their own legal costs and an equal share of the fees and expenses of the arbitrator. viii. Should any law now existing or hereafter enacted or any proclamation, regulation, or edict invalidate any portion of this Agreement, the entire Agreement shall not be invalidated thereby and either party hereto may reopen negotiations on the invalidated portion by giving notice to the other party. ix. The arbitrator shall be a person agreed upon by the Employer and the Union, and failing such agreement, either party may request the Manitoba Labour Board to appoint an Arbitrator in accordance with The Labour Relations Act. All costs of Mediation and/or Arbitration shall be borne equally by both parties. x. The Arbitrator shall not be vested with the power to change, add to or otherwise amend any of the terms or conditions of this Agreement. (d) If no agreement can be reached in The Employer agrees that, after a written grievance has been lodged, the preceding step, within ten (10Employer or its representative(s) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration not enter into discussions concerning the grievance with the American Arbitration Association in accordance with the then applicable rules and regulations aggrieved Employee without prior consent of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesUnion. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to 8.01 For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. 8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: Step 1 The employee shall submit the grievance, in writing, and signed by him to his immediate Supervisor/Manager. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The Supervisor/Manager will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Director of Human Resources or designate. A meeting will then be held between the Director of Human Resources or designate and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 7.01 Either the Company, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 7.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Company, if necessary. Such grievances shall be resolved in processed as follows: Between the following manner: employee concerned, his Union representative, and the Manager. The grievance must be filed within seven (a7) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this stage. The Manager shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date the object of resolving discussion took place. If the matter informally, if requested, a member of Union wishes to appeal to the Executive Committee may be present. (b) If an impasse has been reached in the above next step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Store Manager and/or their delegates within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the District Manager and/or his appointee. The discussion at this step shall be held within seven (7) working days of the date of the appeal. The decision of the Company at this step shall be in writing and be made within four (4) working days of the date of the meeting. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 7.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this case during the Grievance Procedure, the Company may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 7.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the informal meeting effective date of the increase with retroactivity thereto. 7.05 The Company and delivered the Union may file grievances commencing at Step Two. If an Arbitration board finds that the Company or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to Company or any employee affected by the Union Presidentviolation. (ca) If Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration as hereinafter provided and, if no solution to the grievance can be reached by the above step, then the Union President shall written request an audience for the employee and him/herself with the Human Resources Director. This step must be completed Arbitration is received which is postmarked within ten thirty-one (1031) calendar days after step (b)the decision under Step Two is given, it shall be deemed to have been abandoned. (db) If no The time limits, as prescribed above, may be modified by mutual agreement can be reached in of the preceding step, within ten (10) calendar daysparties. 7.07 Should the grievance involve the misinterpretation or alleged violation of the Agreement, either party may in writing, request arbitrationbe free to appeal to Arbitration from Step Two within thirty-one (31) days from the date the decision was given at that step. The party requesting arbitration Arbitration shall promptly thereafter file advise the other party, in writing, of its request, together with a demand for arbitration with statement as to the American Arbitration Association issue to be arbitrated and shall include in accordance with its notice the then applicable rules name and regulations address of its nominee to a Board of Arbitration. The other party shall, within one (1) week of its receipt of the Associationnotice, nominate its members to the Board of Arbitration and so advise the other party. If the two nominees are unable to agree upon the choice of a third member to act as Chairman, the Minister of Labour for the Province of Ontario shall be requested to appoint a Chairman. The expenses Board shall hear their dispute and the decision of a majority is the decision of the ArbitratorArbitration Board but, excepting if there is no majority, the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety decision of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; Chairman governs and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on upon the parties. The board of Arbitration shall not have any jurisdiction to alter or modify any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to make any decisions inconsistent with the terms and provisions of this Agreement. Each of the parties hereto will bear the expenses of the nominee appointed by it and affected employeeswill share equally the expenses of the Chairman of the Board of Arbitration. The parties may mutually agree that a single Arbitrator shall be appointed in the place of a Board of Arbitration. In the event that the parties agree on a single Arbitrator, the Arbitrator shall have the same powers as a Board of Arbitration under this Agreement. (e) 7.08 The Grievance Procedure provided in parties agree that an Arbitration Board shall have the power to award compensation or damages to any party who, or employee who, is dealt with contrary to the provisions of this Agreement Agreement. 7.09 No employees shall be supplementary discharged or cumulative todisciplined except for just and sufficient cause. Discharge or discipline grievances may be settled by confirming the company's decision, rather than exclusive ofor by reinstating the discharged or suspended employee with full compensation for time lost, less interim earnings, if applicable, or by any procedures other arrangement which is just and equitable, in the opinion of the parties or remedies afforded of a Board of Arbitration if the matter is referred to any it. The Company agrees that, whenever an interview is held with an employee by lawregarding his work or conduct, which becomes a part of his record, the store ▇▇▇▇▇▇▇ or in his absence, another employee at work of his or her choice, shall be present at such interview. 7.10 Any notation of a reprimand or other disciplinary action placed in an employee's file shall be nullified after a period of twelve (12) months, provided no other notice for the same offence was received during this twelve (12) month period.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or 8.1 The Parties to this Agreement agree that all steps shall be taken to assure that complaints arise as relating to the meaning administration or application interpretation of this Agreement shall be adjusted or finalised as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that a reasonable amount of time may be spent by the members of the union grievance committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committees will co-operate with the Company in not conducting investigations in a manner which will unduly interfere with the Company's operations. The Company agrees that it shall not prevent the committee from properly fulfilling its obligations to investigate and settle grievances. Both parties shall agree to acknowledge receiving all grievances and correspondence of such grievance material to the other party in writing or as mutually agreed. 8.2 Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement, such differences or an employee who feels she/he had been unjustly dealt with, the following procedure shall be resolved followed: Pre-Step: Verbal. The Employee and Manager or his/her designate shall meet within five (5) days, in order to settle any disputes before filing a grievance. If no settlement can be reached, the following manner: (a) An employee Employee may proceed with filing a grievance shallwith the Union. Step 1: The grievance shall be in writing, a copy of which shall be given to the Branch Manager and to the employee's ▇▇▇▇▇▇▇. The grievance must be presented to the Branch Manager within ten seven (107) calendar working days of the knowledge of after the occurrence of the incident matter complained of and the Branch Manager shall answer the grievance presented to him/her in writing within seven (7) working days after he/she has received it. The grievance may be signed by the employee, his/her ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇, with the exception of dismissal grievances, which gave rise the affected employee must sign. Step 2: If the matter has not been settled, the Union ▇▇▇▇▇▇▇ of the employee involved may, within five (5) working days after receiving the written answer from the Branch Manager, present the grievance in writing to the grievance, discuss it with the Fire Chief District Manager or his/her designated representativenominee, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached who shall render his/her decision in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar working days after step (b)receiving it. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94a) Should Any controversies involving the interpretation of any differencesprovisions of this Agreement which cannot be adjusted amicably between the Union representative and the Employer, disputes or complaints arise shall be referred to an impartial board for arbitration. The arbitration board shall consist of two selected by the Union, and two by the Employer, and one neutral party, and he shall function as the Chairman. The neutral party to be agreed upon by the meaning or application Employer and the Union representatives of the Arbitration Board. In case the Employer and Union representatives fail to agree upon a neutral chairman within five (5) days, either party may request the Federal Mediation and Conciliation Service to submit a list of fifteen (15) names from which one shall be selected as the chairman. The findings of this Board shall be binding upon both the Union and the Employer, provided that the the Board shall not have the authority to change, alter or modify any of the terms or provisions of this Agreement, such differences . The' decision of this board shall be resolved in the following manner: (a) An employee with by majority and shall be reached within a grievance shall, within period of ten (10) calendar days of from the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be presentdate presented for arbitration. (b) If an impasse has been reached Any controversy regarding the hours and salaries as contained in the above step, the grievance this Agreement shall not be subject to arbitration. Any and all claims for adjustment of salaries and hours shall be reduced to writing within five made on or before thirty (530) calendar days from the time of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentsuch adjustment is claimed. (c) If In the event of a grievance involving the interpretation of any provision of this Agreement, it is mutually agreed that no solution strike or work stoppage will be called by the Union and/or no lock-out ordered by the Employer until such time as either has had reasonable opportunity to comply with all the provisions of the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)procedure. (d) If no agreement can be reached in In the preceding stepevent an arbiter is used, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations cost of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, arbiter shall be borne equally by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesboth parties. (e) The Grievance Procedure provided in this Agreement Before any matter shall be supplementary or cumulative toreferred to arbitration, rather than exclusive ofit shall be mandatory that the matter shall first be re­ ferred to the General Committee as provided for in Article 2 — Cooperation, any procedures or remedies afforded to any employee by lawof this Agreement.

Appears in 2 contracts

Sources: Working Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences[a] A grievance is defined for the purposes of this Article as an expressed difference or dispute between an employee and the Publisher, disputes or complaints arise as to the meaning Union and the Publisher regarding the interpretation, application, administration or application of the provisions alleged violation of this Agreement, . It is the mutual desire of the parties hereto that such differences shall grievances be resolved in the following manner: (a) An employee with a grievance shall, within adjusted and settled as quickly as possible without stoppage of work. Within ten (10) calendar working days of the knowledge occurrence or of the date that the employee could have reasonably known of the occurrence or the origination of the incident which gave circumstances giving rise to the grievance, discuss it with the Fire Chief or hisemployee shall take the matter to the immediate supervisor in the department concerned in order to achieve a mutually satisfactory resolution. Such employee may ask a union representative to accompany him/her designated representative, with the object of resolving when taking the matter informallyto the immediate supervisor, if requested, a in which case the immediate supervisor may have another member of management attend the Executive Committee meeting. If a satisfactory resolution is not reached within two (2) working days or within such longer period which may be present. (b) If an impasse has been reached in the above stepmutually agreed upon, the grievance shall be reduced to writing taken up in the following manner and sequence provided it is presented within five (5) calendar working days of the informal meeting and delivered immediate supervisor's reply to the Human Resources Director after which he/she employee. STEP 1 The Union Representative shall make a written presentation to the immediate supervisor setting forth the name[s] of the grievor[s], the date[s] of incident[s] occurred, the nature of the grievance, the Article[s] of the collective agreement alleged to have been violated and the relief sought. A meeting shall be held between the parties within five (5) calendar days of receipt of the written presentation to render an answer discuss the grievance. The Publisher shall give the Union Representative a decision in writing within two (2) work days following the meeting. STEP 2 Failing settlement of the grievance, the Union shall, within five (5) working days of receiving the reply of the Publisher refer the matter in writing to Step 2 of the grievance procedure. At Step 2 of the grievance procedure, a meeting shall take place between the Local Union Representative and the Employer Representative. The Employer shall reply in writing within ten days of the meeting. STEP 3 Should Step 2 of the grievance procedure fail to resolve the grievance the grievance may be referred to a meeting between the Publisher and the National Union Representative. Such meeting shall be set up within five (5) days of the referral and such meeting shall occur at the earliest possible date, but no later than twenty-one (21) days, after the referral [such time may be extended by mutual agreement]. If the grievance cannot be settled at this meeting the Union President. (c) If no solution to may then refer the grievance can be reached by the above stepto arbitration, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules terms and regulations conditions of the AssociationLabour Relations Act of Ontario, within a further thirty (30) calendar days of completion of the steps outlined in this Article. The expenses results of such arbitration shall be final and binding on both parties. In any grievance, the parties may by mutual written consent omit the referral to Step 2 or the meeting with the National Representative and refer the matter directly to arbitration. [b] The parties agree, in the interest of cost-containment, that a single arbitrator constitutes a Board of Arbitration. Unless mutually agreed otherwise, the parties will use a single arbitrator when it becomes necessary to resolve a grievance through arbitration. The parties shall each share equally the cost of the Arbitratorservices of the arbitrator, excepting who shall be chosen on mutual agreement of the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety decision of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the Union and the Publisher. [c] The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement; nor to deal with any matter not covered by this Agreement nor to alter, modify or amend any part of this Agreement. [d] Time limits set out in this Article are mandatory. Failure to comply with the time limits set out in this Article shall result in the grievance being deemed to be withdrawn and abandoned. Any grievance shall be deemed to have been withdrawn and abandoned if the grievance is not advanced through the grievance procedure in accordance with the time limits outlined in this Article. Time limits shall be extended only by mutual consent of the parties in writing. [e] Employees shall have the right to have a shop ▇▇▇▇▇▇▇ present at any disciplinary meeting in which the employee is to be given a verbal or written warning or a notice of suspension or letter of discharge. A copy of any written warning or notice of suspension or letter of discharge, shall be given to the Employee and affected employees. the Union. A written warning or notice of suspension or letter of discharge shall include the reason[s] for such discipline and shall be issued within five (e5) The days of the warning or suspension or discharge. Notwithstanding the above, an employee may request the presence of a Union Representative at any meeting with management. [f] It is agreed that the Company will not discipline or discharge any employee except for just cause. Step 1 of the Grievance Procedure provided may be omitted on mutual agreement in this Agreement the case of discharge for just cause. [g] A policy grievance shall proceed directly to Step 2 of the grievance procedure. A grievance by management shall be supplementary or cumulative toadvanced in accordance with Article 9 [a - e] above, rather than exclusive of, any procedures or remedies afforded but shall proceed directly to any employee by lawStep 2 of the grievance procedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 3.01 Either the Company, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 3.02 Any employee believing that he has been unjustly dealt with, or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Company, if necessary. Such grievances shall be resolved in presented indicating the following manner: (a) An employee with a grievance shall, within ten (10) calendar days provision of the knowledge of Agreement which has been allegedly violated, and shall be processed as follows: Step One: The grievance must be filed within fifteen (15) working days after the occurrence of the incident which gave event giving rise to the grievancegrievance occurs and within this period of time it shall be discussed between the employee concerned, discuss it with his Union Representative and the Fire Chief or his/her designated representative, with Store Manager. The Store Manager shall give an oral decision within five (5) working days from the object of resolving date the matter informally, if requested, a member of discussion took place. If the Executive Committee may be present. (b) If an impasse has been reached in Union wishes to appeal to the above stepnext Step, the grievance shall be reduced to writing writing. Notice of appeal shall be filed with the Store Manager within five (5) calendar working days from the Store Manager’s oral decision. Step Two: A meeting shall be held within five (5) working days of the informal meeting date of the notice of appeal and delivered within this period of time the grievance shall be discussed between the employee concerned, the Union Representative, the Store Manager, the District Manager and/or their delegates. The decision of the Company at this Step shall be in writing and be made within five (5) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in Step Three: The grievance shall be forwarded to the Human Resources Director after Head Office of the Company, which he/she shall have five (5) calendar working days to render an answer dispose of the grievance. The disposition shall be in writing and returned to the Union Presidentofficers of the Union. (c) If no solution to 3.03 In the case of a dismissal, a grievance can may be reached filed by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Directorwho feels he was unjustly dealt with. This step Such a grievance must be completed filed within ten five (105) calendar working days after step (b)from the date of dismissal and shall commence at Step Two. (d) If no agreement can 3.04 Grievances concerning rates shall be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedures and regulations the disposition of such grievances, if sustained, shall include the determination of the Association. The expenses effective date of the Arbitrator, excepting increase with retroactive thereto. 3.05 The Company or the parties' own expenses, shall be borne by Union may file grievances commencing at Step Three. If an Arbitration Board finds that the losing party. The arbitrator shall have Company or the authority and jurisdiction to determine the propriety of the interpretation and/or application of Union has violated the Collective Bargaining Agreement respecting the grievance in questionsAgreement, but he/she it shall not have the power to alter award compensation to the Company or modify an employee affected by the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesviolation. (ea) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration as hereinafter provided and if no written request for Arbitration is received which is postmarked within thirty-one (31) days after the decision under Step Three is given, it shall be deemed to have been abandoned. (b) The Grievance Procedure provided in this Agreement shall time limits as prescribed above may be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee modified by lawmutual agreement of the Parties.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to Section 1. A grievance within the meaning of this Agreement shall be any dispute concerning the interpretation, application, or claimed violation of a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement. Section 2. The following steps shall be followed in the processing of grievances: Step 1. The Unit Core Faculty member shall file the grievance with his/her Department Chair or Program Director within twenty-one (21) calendar days of its occurrence or discovery. The grievance must be reduced to writing and must specify the nature of the grievance, the provision(s) of this Agreement at issue, and the relief requested. If the grievance is not resolved satisfactorily within fourteen (14) calendar days thereafter, the grievance may proceed to Step 2. Furthermore, while the Unit Core Faculty member and the University are encouraged to resolve disputes at Step 1, the Union may initiate a grievance on the Unit Core Faculty member’s behalf at Step 2, provided it is so initiated within the twenty-one (21) calendar days specified above. In the event an individual Unit Core Faculty member and the University settle a dispute without the written and express agreement of the Union, that settlement will not create a precedent for either party in the interpretation or application of the provisions of this Agreement. Step 2. If the grievance is not resolved at Step 1, such differences shall the Unit Core Faculty member may request that the Union appeal the grievance to Step 2. If the Union deems the grievance to be resolved in meritorious, it may file the following manner: Step 2 grievance with the Unit Core Faculty member’s ▇▇▇▇ or his/her designee within fourteen (a14) An employee with a grievance shallcalendar days of receipt of the Step 1 response, or within ten seven (107) calendar days of the knowledge of deadline for the occurrence of Step 1 response, if none was received. If the incident which gave rise to grievance is filed within the grievancetime limits, discuss it with the Fire Chief ▇▇▇▇ or his/her designated representativedesignee shall conduct a meeting as soon as practicable, with the object of resolving the matter informally, if requested, a member of the Executive Committee but no Step 3. A grievance not resolved at Step 2 may be present. appealed in writing by the Union to the University’s ▇▇▇▇▇▇▇ or his/her designee within seven (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (57) calendar days of the informal conclusion of Step 2. A meeting and delivered for the purpose of attempting to resolve the Human Resources Director after which he/she grievance shall have five be held at this Step as soon as practicable, but no less than fourteen (514) calendar days to render an answer in writing from the filing of the Step 3 grievance. If the grievance is not resolved at this meeting, the ▇▇▇▇▇▇▇ or his/her designee shall respond to the Union President. in writing within fourteen (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (1014) calendar days after step (b). (d) If no agreement can of the meeting. Any grievance filed by the Union on behalf of two or more Unit Core Faculty members, or involving the discharge of a Unit Core Faculty member or a grievance against a ▇▇▇▇, may be reached in initiated at Step 3. Additionally, as to any other grievance, the preceding stepparties may proceed initially at Step 3 if by mutual agreement, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to the meaning or application of the provisions of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days The parties to this agreement are agreed that it is of the knowledge of the occurrence of the incident which gave rise utmost importance to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be presentadjust complaints and grievances as quickly as possible. (b) If an impasse has been reached in the above step, the No grievance shall be reduced considered where the circumstances giving rise to writing within five (5) calendar it occurred or originated more than ten full working days before the filing of the informal meeting and delivered grievance. (c) The aggrieved employee shall present his grievance to the Human Resources Director after which he/she his immediate supervisor who shall have five (5) calendar working days to render an answer in writing adjust any complaint which has arisen. If, within that time no agreement is reached, the matter may be submitted to the Union President. (c) If no solution to Joint Standing Committee within five days of the grievance can be reached by decision of the above stepsupervisor, then the Union President shall request an audience for the employee and him/herself in accordance with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)provisions of this section. (d) If no Any grievance must be presented to the Joint Standing Committee in writing, briefly setting forth grounds for the complaint and the action sought. (e) A Joint Standing Committee shall be maintained, to consist of two representatives of the Employer and two representatives of the Union and in case of vacancy, or prolonged absence, another shall immediately be appointed in his/her place. To this committee shall be referred by either party all questions which may arise as to the construction to be placed upon any clause of this agreement can or alleged violations thereof, which cannot be reached in settled otherwise. Pending a decision by the preceding stepJoint Standing Committee, the directions and orders of the Employer shall be maintained, carried out and given full effect until such dispute has be finally disposed of as provided herein, so long as such directions or orders do not change conditions expressly established by this agreement. Such Joint Standing Committee shall meet within five days after any questions or differences shall have been referred to it, and shall render a decision within ten days after the first meeting and any such decision agreed to by the two representatives of the Union and the two representatives of the Employer shall be binding upon both parties. (10f) calendar daysIf the Joint Standing Committee cannot reach an agreement on the question or difference referred to them, either party may in writing, request arbitration. The party requesting refer the matter to an Arbitration Board of three (3) members or to expedited arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations under Section 46 of the AssociationOntario Labour Relations Act. The expenses Any matter not referred to arbitration within thirty (30) days of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety decision of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she Joint Standing Committee shall not be arbitrable. (g) An arbitrator shall not have the power to alter or modify change any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor give any decision inconsistent with the terms and provisions of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesagreement. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. Section (Amended 08-94a) Should any differences, disputes or complaints Any dispute that may arise as to the meaning or application interpretation of this Agreement shall be brought to the attention of the provisions other party to this Agreement. Any dispute must be taken up with the Employer within thirty (30) days of the date the Union has knowledge thereof. Section (b) Any dispute as to the interpretation of this Agreement, such differences shall Agreement which cannot be resolved in adjusted amicably between the following manner: (a) An employee with a grievance shall, Union and the Employer within ten (10) calendar business days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced referred to writing within five (5) calendar days a Board of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall Adjustment upon written request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, of either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator Board shall have consist of two (2) selected by the authority Union and jurisdiction to determine two (2) selected by the propriety Employer. The findings of this Board shall be binding upon both the interpretation and/or application of Union and the Collective Bargaining Agreement respecting Employer, pro­ vided that the grievance in questions, but he/she Board shall not have the power authority to change, alter or modify any of the terms or provisions of this Agreement. With respect The decision of the Board shall be by a majority and shall be reached within a reasonable time from the date the controversy is presented for adjustment. Section (c) In the event that any dispute submitted to arbitrations involving this Board of Adjustment cannot be settled within the discipline or discharge period of employeestime provided for in Section (b) above, the issue in dispute shall be submitted for disposition to an impartial arbitrator. The party presenting the dispute shall request arbitration in writing not more than thirty (30) days after the dispute was first taken up with the other party, or the dispute will be considered to have been withdrawn and waived. If no response is made to the request for arbitration within thirty (30) days, the allegations shall be deemed to have been ad­ mitted and proved. Such impartial arbitrator shall determine if have authority only to interpret the discharge provisions of this Agree­ ment, and shall not have authority to change, alter, add to, delete, amend or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it modify it. His decision on any matter submitted to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award him shall be final and binding on both parties to this Agreement. In the event an arbitrator is used, the cost of the arbitrator shall be borne equally by the parties and affected employeesinvolved. Section (ed) The Grievance Procedure provided in this Agreement No controversy regarding hours or wages shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded subject to any employee by lawarbitration.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Retail Meat Market Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 15.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: Between the following manner: employee concerned, his Union ▇▇▇▇▇▇▇ or alternate ▇▇▇▇▇▇▇ and the Manager. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member date of the Executive Committee may be present. (b) discussion took place. If an impasse has been reached in the above stepunion wishes to appeal to the next Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Manager within six (6) working days from the Manager's oral decision. Between the employee concerned, the Union representatives, the Manager, and/or the owner, ▇▇▇▇▇▇▇ Foods Inc. or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer or the Union. ▇▇▇▇▇▇▇ Foods Inc. or its representative shall advise the Employer with respect to any matter in issue and the Employer shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the informal meeting and delivered to grievance procedure, the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to Employer may re-instate the Union Presidentemployee with full back pay, suspend the employee for a definite period or sustain the discharge. (c) If no solution to the grievance can 15.04 Grievances concerning rates shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such grievance, if sustained, shall include the determination of the Association. The expenses effective date of the Arbitrator, excepting increase with retro-activity thereto. 15.05 The Employer and the parties' own expenses, shall be borne by Union may file grievances commencing at STEP TWO. If an Arbitrator finds that the losing party. The arbitrator shall have Employer or the authority and jurisdiction to determine the propriety of the interpretation and/or application of Union has violated the Collective Bargaining Agreement respecting the grievance in questionsAgreement, but he/she it shall not have the power to alter or modify award compensation to the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesEmployer, the arbitrator shall determine if Union or any employee affected by the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesviolation. (e) The Grievance Procedure provided in 15.06 Any liability, financial or otherwise, of the Employer arising out of a violation of this Agreement shall be supplementary or cumulative tothe sole and exclusive liability of the Employer. (a) Failing settlement under the foregoing procedure, rather than exclusive ofsuch grievance may be submitted to Arbitration, any procedures or remedies afforded to any employee as hereinafter provided; (b) The time limits as prescribed above may be modified by lawmutual agreement of the parties.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-9431.01 A grievance is any difference arising between the University of New Brunswick and the Association or between the University of New Brunswick and any Contract Academic Employee(s) Should in the bargaining unit relating to the interpretation, application or administration of this Collective Agreement, including any differences, disputes or complaints arise question as to whether a matter is arbitrable, or any allegation that this Collective Agreement has been violated. 31.02 The Parties agree to make every reasonable effort to settle all grievances in a prompt, amicable, just and equitable manner. Whenever possible, informal methods such as, but not limited to, those set out in Article 31.10 and Article 11 shall be used. 31.03 The Parties agree that there shall be final and binding settlement by arbitration or by the meaning other means provided for in this Article, of all grievances arising during the course of this Collective Agreement. 31.04 The Parties agree not to practice any discrimination, harassment, or application coercion of any kind against any Contract Academic Employee who elects to use or not to use the procedures set out in this Article. 31.05 The Parties agree that there shall be no grievances or arbitration founded upon Articles 1 or 2, or upon actions taken by the Board of Governors upon the recommendations arising out of the recommendatory processes of Article 5 insofar as such actions are not in conflict with this Agreement. The Parties further agree that appointments made by the University of New Brunswick are not grievable unless the relevant provisions of this Agreement, such differences Collective Agreement have been violated. All grievances shall be resolved processed according to the terms and the procedures of the Collective Agreement under which they were filed. The Parties further agree that there shall be no grievances or arbitration founded upon the disposition of the market differential adjustments insofar as the disposition is not in conflict with this Collective Agreement. 31.06 A representative of the Association shall be present at all stages of the formal grievance and arbitration procedures, and may represent the grievor during those procedures. In addition, the grievor may be accompanied by another Contract Academic Employee, who may represent the grievor, at all formal stages of the grievance procedures. A representative from Human Resources and Organizational Development may accompany the ▇▇▇▇ or Vice-President at all stages of the formal grievance and arbitration procedures and may assist the ▇▇▇▇ or Vice-President during those procedures. In the context of this Article, the grievor and the Parties may not be accompanied by or represented by legal counsel during the informal stage, Stage 1, or Stage 2 of the grievance procedure. 31.07 All written communications required in this Article shall be delivered by either Canada Post Office certified mail or University campus delivery for which acknowledgement of receipt has been obtained. Such communications will be deemed to have been delivered on the fifth day following manner:posting, unless evidence exists to the contrary. Any attempt by a Contract Academic Employee to deliberately avoid receiving a written communication sent under the terms of this Article shall be deemed to constitute receipt of the communication. A copy of all communications required by this Article shall be sent to the Association by the University of New Brunswick authority who is sending such communications, and vice- versa. 31.08 Grievances are defined in Article 31.01 and shall be classified as follows (subject to Article 31.09): (a) An employee with Individual grievance shall mean a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise involving a Contract Academic Employee and particular to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be presentthat Contract Academic Employee. (b) If an impasse has been reached in the above step, the Group grievance shall mean a grievance involving a group of Contract Academic Employees and common to all Contract Academic Employees in that group, which shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentprocessed as a single grievance. (c) If no solution Policy grievance shall mean a grievance initiated by the Association which has general application to the grievance can be reached by bargaining unit as a whole, or to a clearly definable group within the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)bargaining unit. (d) If no agreement can be reached in University of New Brunswick grievance shall mean a grievance initiated by the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations University of New Brunswick which has general application to the Association, the bargaining unit as a whole, or to a clearly definable group within the bargaining unit. 31.09 The grievor in this Article shall mean the Party, Contract Academic Employee or group of Contract Academic Employees initiating the grievance. The expenses of the Arbitrator, excepting the parties' own expenses, shall Individual and group grievances may be borne initiated by the losing party. The arbitrator shall have Association, or by the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesContract Academic Employee(s) involved. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or 22.01 It is the mutual desire of the parties herein that complaints arise of employees be adjusted as quickly as possible and it is understood that an employee has no grievance unless a complaint has been referred to the meaning or application of the provisions of this Agreement, such differences employee’s immediate Supervisor. Any complaint shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it discussed with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing Supervisor concerned within five (5) calendar days of workdays after the informal meeting and delivered circumstances occurred, originated or become known. The Supervisor shall give an oral decision to the Human Resources Director after which he/she shall have complaint within five (5) calendar days to render an answer in writing to workdays. If the Union President. (c) If no solution employee believes that complaint has not been satisfactorily adjusted, she may proceed to the grievance can be reached by procedure. The parties to this Agreement recognize the above step, then stewards and the CLAC Representatives as the agents through which employees shall process their grievances. 22.02 The reference to days excludes Saturday’s Sunday’s and public holidays. 22.03 The Employer or the Union President shall request an audience for not be required to consider or process any grievance which arises out of any action or condition more than five (5) days, after the employee and him/herself with complaint procedure as outlined in 22.01. If the Human Resources Directoraction or condition is of a continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. 22.04 A “group grievance” is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or a CLAC Representative on behalf of a group of employees who have the same complaint. This step Such a grievance must be completed within ten (10) calendar days after step (b)dealt with at successive stages of the grievance procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a “group grievance”. (d) If no agreement can be reached in 22.05 A “policy grievance” is defined as a grievance that involves a question relating to the preceding stepinterpretation, within ten (10) calendar daysapplication, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms administration of this Agreement. With respect A policy grievance may be submitted by either party at Step 2 of the grievance procedure. A policy grievance submitted by the Union shall be signed by a CLAC Representative and submitted to arbitrations involving the discipline Employer. A policy grievance submitted by the Employer shall be signed by the Employer or discharge of employees, his representative. 22.06 Step 1 22.01. The supervisor will deal with the arbitrator shall determine if grievance not later than the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have fifth (5th) day following the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, day on which the employee would otherwise have receivedgrievance is submitted, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final will notify the grievor and binding on the parties and affected employeesUnion Representative of his decision in writing not later than the fifth (5th) day following the receipt of the grievance. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences‌ 30.1 Any dispute involving the application, disputes interpretation, administration, or alleged violation of this Agreement may be made the subject of a grievance. The parties agree that they will use their best efforts to encourage informal, amicable and prompt settlement of complaints arise as to and grievances arising from the meaning application, interpretation, administration, or application of the provisions alleged violation of this Agreement, such differences . 30.2 Grievances shall be resolved conducted on a confidential need to know basis to preserve the privacy and the dignity of the employee grieving as well as of other employees in the following manner:workplace. Informal Discussion‌ (a) An employee with 30.3 Before the formal grievance procedure is initiated, reasonable attempts shall be made by the President or designate and the ▇▇▇▇▇▇▇ to resolve issues. 30.4 If the dispute is resolved at this stage, the resolution shall be put in writing and countersigned by both the President or sole designate and the Employee. Stage 1‌ 30.5 Failing resolution at the Informal Discussion stage, the Union, on behalf of the Employee, may file a grievance shallin writing with the Employer within twenty (20) days of becoming aware of the circumstances giving rise to the grievance. 30.6 The written grievance, signed by the ▇▇▇▇▇▇▇, shall state what is alleged to have been violated or improperly applied or which act or omission is in dispute, the relief or remedy sought and the facts relied upon. 30.7 A meeting between two representatives of the Union and two representatives of the Employer shall be called within ten (10) calendar days of the knowledge submission of the occurrence grievance. The Employer representatives shall not be members of the incident which gave rise Staff Relations Committee. The purpose of this meeting shall be to find a resolution to the grievancegrievance acceptable to both parties. 30.8 If the dispute is resolved at this stage, discuss the resolution shall be put in writing and countersigned by both the President or sole designate and the ▇▇▇▇▇▇▇ or sole designate. Stage 2‌ 30.9 The Union shall notify the Employer following the completion of the process at Stage 1 if it will be proceeding to Stage 2. 30.10 The Employer shall arrange a meeting with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above stepStaff Relations Committee, the grievance shall be reduced to writing grievor and their Union representative(s) at a mutually agreeable time within five fifteen (515) calendar days of the informal meeting and delivered notification to the Human Resources Director after which he/she move to Stage 2. The Staff Relations Committee shall have five (5) calendar days to render an answer deliver their decision in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar working days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Associationmeeting. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting If the grievance in questions, but he/she shall is still not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesresolved, the arbitrator shall determine if Union may submit the discharge or discipline grievance to arbitration as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority set out in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesArticle 30.16. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to 9.01 It is the meaning or application mutual desire of the provisions parties to this Agreement that grievances are dealt with as quickly as possible. For purposes of this Agreement, such differences a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement. 9.02 It is understood that a Nurse has no grievance until he/she has first given her Unit Manager the opportunity of hearing the complaint. A Nurse, with the assistance of her Union representative, if she so desires, shall discuss a complaint with his/her Unit Manager within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Nurse. Failing satisfactory settlement within five (5) working days, it shall then be taken up as a grievance within five (5) working days following advice of the Unit Manager’s decision. 9.03 In all steps of this grievance procedure an aggrieved employee may, if he/she so desires, be accompanied by or be represented by his/her Union representative. The Nurse may submit a written grievance to his/her Unit Manager. The grievance shall be resolved on an ONA Grievance Form and shall identify the nature of the grievance and the remedy sought, and shall identify the provisions of the Agreement which are alleged to have been violated. A meeting will be arranged within nine (9) working days between the aggrieved and his/her Union representative and the Unit Manager and Director of Nursing. The Director Of Nursing will deliver his/her decision in writing within nine (9) working days following the day on which the grievance was presented to him/her. Within ten (10) working days following manner: the decision in Step One, the grievance may be submitted in writing to the Manager of Human Resources. A meeting will then be held between the Management Committee and the Grievance Committee within ten (a10) An employee with a grievance shallworking days of the submission of the grievance. A decision shall be given, in writing, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar working days after step (b)the meeting at which it was discussed. A Labour Relations Officer may attend this meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences14.1 Any complaint, disputes disagreement or complaints arise as to difference of opinion between the meaning Employer, the Union or the employees covered by this Agreement, which concerns the interpretation or application of the provisions terms and pro­ visions of this Agreement, such differences Agreement shall be resolved considered a grievance. 14.2 Any employee, the Union or the Employer may present a grievance. Any grievance which is not presented within thirty (30) calendar days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved parties, except in the following manner: (a) An employee with a grievance shall, within case of discharge or suspension when the time limit shall be ten (10) calendar days calen­ dar days. 14.3 All grievances shall be submitted in writing and will set forth the issue(s) and contentions of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be presentaggrieved party(s). 14.4 The Union representatives and the Employer Labor represen­ tative shall discuss and attempt to adjust such grievances. 14.5 If the Union and the Employer Labor representative cannot reach an adjustment within five (b5) If an impasse has been reached in the above stepdays, upon request of either par­ ty, the grievance shall be reduced submitted to writing within five (5) calendar days arbitration. 14.6 The parties shall select an Arbitrator or jointly request a list from the Federal Mediation and Conciliation Service and selection shall be made by alternate strike method. 14.7 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigation as he deems essential to a full understan­ ding and determination of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentissues involved. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. 14.8 The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she Arbitrator shall not have be vested with the power to change, modify or alter or modify any of the terms of this Agreement. With respect All grievances submitted shall present an arbitrable issue under this Agreement, and shall not depend on or involve any issue or contention by either party which is contrary to arbitrations involving any provision of this Agreement or which involves the discipline determination of a subject matter not covered by or discharge arising dur­ ing the term o f this Agreement. 14.9 The findings and decisions of employees, the arbitrator Arbitrator on all arbitrable questions shall determine if be binding and enforceable on all parties. 14.10 It is the discharge intention of the parties that this Article shall pro­ vide a peaceful method of adjusting grievances so that there shall be no suspension or discipline interruption of normal operations as for just cause; and he/she may review penalty imposed and if he/she a result of any grievance. The parties shall find it act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. 14.11 The expense of arbitrators shall be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she borne equally by the par­ ties to the arbitration. 14.12 The Executive Board of the Local Union shall have the authority final authority, in cases concerning discharge, discipline and/or other matters, if he/she shall so determinerespect to any aggrieved Meat Department employee covered by this Agreement, to order decline to process a grievance, com­ plaint, difficulty or dispute; if in the payment judgment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter Executive Board such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in grievance or dispute lacks merit or lacks justification under this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by lawthe satisfaction of the Union Executive Board.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 15.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: Between the following manner: employee concerned, his Union Representative and the Manager. The grievance must be filed within eighteen (a) An employee with a grievance shall, within ten (1018) calendar days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Manager shall give an oral decision within four (4) calendar days from the Fire Chief or his/her designated representative, with date the object of resolving discussion took place. If the matter informally, if requested, a member of Union wishes to appeal to the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Manager within six (6) calendar days from the Manger's oral decision. Between the Employer, the employee concerned, a full-time Union Representative, along with a Union ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ Pharmacy Manager and/or a designated Representative shall participate in the discussions at this Step, and the discussions at this Step shall be held within seven (7) calendar days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) calendar days of the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this case during the informal meeting and delivered to grievance procedure, the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to Employer may reinstate the Union Presidentemployee with full back pay, suspend the employee for a definite period or sustain the discharge. (c) If no solution to the grievance can 15.04 Grievances concerning rates shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such grievance, if sustained, shall include the determination of the Association. The expenses effective date of the Arbitrator, excepting increase with retro-activity thereto. 15.05 The Employer and the parties' own expenses, shall be borne by Union may file grievances commencing at Step Two. If an Arbitrator finds that the losing party. The arbitrator shall have Employer or the authority and jurisdiction to determine the propriety of the interpretation and/or application of Union has violated the Collective Bargaining Agreement respecting the grievance in questions, but he/she it shall not have the power to alter or modify award compensation to the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesEmployer, the arbitrator shall determine if Union or any employee affected by the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesviolation. (e) The Grievance Procedure provided in 15.06 Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be supplementary the sole and exclusive liability of such Employer and other Employers shall not be jointly or cumulative toseverally liable for such violations. (a) Failing settlement under the foregoing procedure, rather than exclusive of, any procedures or remedies afforded such grievance may be submitted to any employee Arbitration as hereinafter provided: (b) The time limits as prescribed above may be modified by lawmutual agreement of the parties.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should In the event of any differences, disputes dispute between the Union or complaints arise as any employee covered by this Agreement and the Employer with regard to the meaning interpretation or application of any of the provisions terms of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance and arbitration procedure shall, unless otherwise expressly provided herein, be the exclusive means of resolution of such dispute. Failure to settle the dispute within ten (10) calendar business days after the invocation of Step One entitles either party to proceed to Step Two; failure to settle the dispute within ten (10) business days after the invocation of Step Two entitles either party to proceed to Step Three. Failure to settle the dispute within ten (10) business days after the invocation of Step Three entitles either party to proceed to arbitration. In the event the grieving party does not exercise its option to proceed to the next step by serving written notice upon the other party as required hereunder within ten (10) business days of entitlement to do so as provided herein, then such grieving party shall be deemed to have waived such grievance unless the parties mutually stipulate otherwise in writing. Each party agrees to provide, upon written request by the other party, non-proprietary information which is relevant and necessary to the processing of any grievance hereunder. Such information shall be provided to the requesting party in a timely manner. STEP ONE -- A grievance shall be filed in writing within thirty (30) days of the knowledge date on which the grieving party knew or reasonably should have known of the occurrence of the incident which gave event(s) giving rise to the grievance, but in no event later than one (1) year from the date such event(s) occurred. The representative of the Union and the Employer's representative shall immediately discuss it the matter and the dispute shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the parties to the dispute. STEP TWO – In the event of a failure to settle the dispute under Step One above, the grieving party shall present the grievance in written form to the Representative of the other party. Such written notice shall contain the specific contract section(s)which are alleged to have been violated, the date(s) or approximate date(s) of the alleged violation(s), the specific facts and details or a summary of the alleged violation(s) on which the grievance is based, the name of the production (if any), the remedy sought and the name(s) of the individual(s) aggrieved, except for group claims for which the classification(s) of the individuals aggrieved shall be listed. In the event the party receiving the Step Two notice does not feel that the written notice complies with the Fire Chief or his/her designated representativepreceding, with then the object of resolving party receiving the matter informally, if requested, a member of Step Two notice shall notify the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing grieving party within five (5) calendar working days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Directorreceipt of such Step Two notice. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached response shall indicate those areas in the preceding step, within ten (10) calendar days, either party may in writing, request arbitrationwhich more specific information is required. The grieving party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.five

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. 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 (Amended 08-94hereinafter referred to as grievances) Should any differences, disputes or complaints arise as to the meaning arising between them involving questions of interpretation or application of the express terms and provisions of this Agreement. Step 1 - Any grievance shall first be taken up with the employee(s) and the immediate supervisor, such differences within ten (10) working days of the grievable event. In no event shall any grievance advance to Step 2 unless the immediate supervisor has been given the opportunity to attempt to resolve the grievance. The supervisor shall have ten (10) working days to give a response. If no response is given, the grievance shall advance to the next step. Step 2 - If a grievance cannot be resolved at Step 1, the designated union representative shall present the grievance, in writing, to the appropriate Division Administrator within ten (10) working days of the receipt of the Step 1 response. The grievance must state the name of the grievant, when the incident occurred, the nature of the grievance (being specific), the applicable Articles of the contract which were violated, the remedy sought, the signatures of the grievant and the business agent, and the dates of signing. Failure to follow the requirements (above) of this step shall render the grievance non-arbitrable. The Division Administrator shall have ten (10) working days to give a response. Step 3 - If the grievance cannot be resolved at Step 2, the grievance shall be resolved presented in writing to the following manner:Director of the Department of Natural Resources and Conservation within ten (10) working days of receipt of the Step 2 response and attempted settlement shall be made. The Director shall issue the final administrative decision within ten (10) working days of the receipt of the Step 3 grievance. (a) An Section 2. Should the aggrieved employee with a grievance or employees and the Union consider the decision of the Director to be unsatisfactory, the local Union shall, within ten (10) calendar working days of receipt of such decision, notify the knowledge Director and the State Labor Relations Bureau Chief, in writing, of its intention to have such grievance referred to arbitration. Section 3. Designated representatives may replace any of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached titled positions named in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentprocedures. (c) If no solution to the grievance can be reached by Section 4. Time limits stated in the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as procedures may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesextended by written mutual agreement. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes a. In the event that the IATSE or complaints arise as to the meaning or application of Employer contends that the provisions other party has violated a provision of this Agreement, such differences the following procedures shall be resolved in the following mannerapplicable: 1. Within ten (a10) An employee with business days of the time an employee, Employer, or the Union knew (or reasonably should have known) of the event giving rise to the grievance, the appropriate party must give written notice to the other party of the claim. 2. A representative of the IATSE and a grievance designated representative of the Employer shall, within ten (10) calendar business days after service of notice of the knowledge of the occurrence of the incident which gave rise to the grievanceclaim, meet and discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, and attempt to effect a member settlement of the Executive Committee may said controversy or dispute. Any agreement arrived at by such representatives shall be presentfinal and binding. (b) If an impasse has been reached in 3. In the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached event that such controversy or dispute is not settled by the above stepEmployer and the IATSE within twenty (20) working days after the written notice given pursuant to paragraph (1.) above, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed or within ten (10) calendar business days after step the meeting referred to in paragraph (b)2. (d) If no agreement can above, then such controversy or dispute may be reached in the preceding step, within ten (10) calendar days, either party may submitted to arbitration. The demand for arbitration must be made in writing, request arbitrationno later than forty (40) business days after written notice referred to in paragraph 1., above. Each party shall bear half the cost of the arbitrator’s fees and expenses. 4. The party requesting arbitration parties shall promptly thereafter file first attempt to agree upon an arbitrator. If such agreement is not reached the arbitrator shall be selected from a demand for arbitration with list obtained from the American Arbitration Association in accordance by alternate striking of names with the then applicable rules and regulations Union going first. b. Processing a claim or discussing its merits shall not be considered a waiver of a defense that the Association. The expenses of matter is not arbitrable or that it should be denied for reasons which do not go to the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. merits. c. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the no power to alter modify, add to, or modify subtract from the terms of this Agreement. With respect to arbitrations involving , but shall only determine whether the discipline or discharge of employeesAgreement has been violated in the manner alleged in the grievance, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other mattersand, if he/she shall so determineso, what the remedy should be within the meaning of the Agreement. d. The Employer is not bound by any past practices or understandings except to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter extent such other and/or future awards as past practices or understandings are specifically stated in this Agreement. Past practice may be appropriate and just. His/her award used in interpreting or applying an express term of this Agreement, but shall not be used to add or modify the express terms of the Agreement. e. The decision of the arbitrator, within the limits indicated above, shall be final and binding on upon the parties grievant and affected employeesall parties. (e) f. The Grievance Procedure provided in grievance and arbitration procedure is to be the sole and exclusive remedy for any claimed breached of this Agreement or any other grievable dispute relating to the employment by the Employer of employees covered by this Agreement. g. If a grievance is not processed at any stage in accordance with stated time limits, it shall be supplementary or cumulative todeemed withdrawn. All time limits are subject to extension, rather than exclusive of, any procedures or remedies afforded to any employee but only by lawmutual written agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section (Amended 08-94a) Should any differences, disputes or complaints Any dispute that may arise as to the meaning or application the interpretation of this Agreemnt shall be brought to the attention of the provisions other party to this Agreement. Any dispute must be taken up with the Employer with­ in thirty (30) days of the date the Union has know­ ledge thereof. Section (b) Any dispute as to the interpretation of this Agreement, such differences shall Agreement which cannot be resolved in adjusted amicably between the following manner: (a) An employee with a grievance shall, Union and the Employer within ten (10) calendar business days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced referred to writing within five (5) calendar days a Board of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall Adjust­ ment upon written request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, of either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator Board shall have consist of two (2) selected by the authority Union and jurisdiction to determine two (2) selected by the propriety Employer. The findings of this Board shall be binding upon both the interpretation and/or application of Union and the Collective Bargaining Agreement respecting Employer, provided that the grievance in questions, but he/she Board shall not have the power authority to change, alter or modify any of the terms or provisions of this Agreement. With respect The decision of the Board shall be by a majority and shall be reached within a reasonable time from the date the contro­ versy is presented for adjustment. Section (c) In the event that any dispute submitted to arbitrations involving this Board of Adjustment cannot be settled within the discipline or discharge period of employeestime provided for in Sectiion (b) above, the arbitrator issue in dispute shall determine if be submitted for disposition to an impartial arbitrator. The party presenting the discharge dispute shall request arbitration in writing not more than thirty (30) days after the dispute was first taken up with the other party, or discipline as the dispute w ill be consid­ ered to have ben withdrawn and waived. If no re­ sponse is made to the request for just cause; arbitration within thirty (30) days, the allegations shall be deemd to have been admitted and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordinglyproved. He/she Such impartial arbi­ trator shall have authority only to interpret the pro­ visions of this Agreement, and shall not have authority in cases concerning dischargeto change, discipline and/or other mattersalter, if he/she shall so determineadd to, delete, amend or modify it. His decision on any matter submitted to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award him shall be final and binding on both parties to this Agreement. In the event an arbitrator is used, the cost of the arbitrator shall be borne equally by the parties and affected employeesin­ volved. Section (ed) The Grievance Procedure provided in this Agreement No controversy regarding hours or wages shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded subject to any employee by lawarbitration.

Appears in 2 contracts

Sources: Retail Meat Market Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) 1. Should any differences, disputes differences arise between the EMPLOYER and the UNION concerning the interpretation of or complaints arise as adherence to the meaning or application of the provisions any provision of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing is not settled between them within five (5) calendar days working days, then a committee of four (4) shall be appoint­ ed, the informal meeting and delivered to first two (2) by the Human Resources Director after which he/she shall have UNION, the second two (2) by the EMPLOYER. If the com­ mittee of four can not reach a settlement within five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can working days, then a fifth person shall be reached appointed by the above stepfour. If, within three (3) days, the committee can not agree upon a fifth member, then the Union President fifth member shall request an audience for be selected from a list of five names to be furnished by the employee Federal Mediation and him/herself with Conciliation Service, from which list the Human Resources Director. This step must be completed within ten EM­ PLOYER and the UNION shall each strike two (102) calendar days after step (b). (d) If no agreement can be reached in names, and the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration person whose name remains shall promptly thereafter file a demand for arbitration with become the American Arbitration Association in accordance with the then applicable rules and regulations fifth member of the Associationcommittee. The expenses Should the committee find that the EMPLOYER has unjustly laid off or discharged an EMPLOYEE, said EMPLOYEE shall be reinstated to his former position and paid for all lost time. All findings of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award committee shall be final and binding on no strike or lockout shall occur pending a final determina­ tion of the parties committee except as is hereinafter provided. Nothing herein shall authorize the committee to alter the terms and affected employeesconditions of this or make a new Agreement. (e) The 2. Should the UNION have conclusive evidence that the EMPLOYER is wilfully under­ cutting the wage scale or employing EMPLOYEES in violation of the Union Security Clause of this Agreement or does not maintain a time clock and adequate time records or will not allow the auditor designated under this Agreement to inspect the EMPLOYER’S books and records then the Grievance Procedure provided and Arbitration provisions shall have no applica­ tion to such facts and circumstances and the UNION shall be permitted all legal and eco­ nomic recourse in support of its demands notwithstanding anything to the contrary contained in this Agreement Agreement, provided that the UNION shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.give the EMPLOYER two

Appears in 2 contracts

Sources: Service Station Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 19.01: A grievance is a dispute between an employee (Amended 08-94or the Union) Should any differences, disputes or complaints arise as to and the meaning Employer involving the interpretation or application of the provisions of this Agreement, such differences shall be resolved in the following manner:. (a) An employee with a grievance shall, within 19.02: No later than ten (10) calendar days of workdays after the knowledge of the occurrence of the incident which gave event occurred giving rise to the grievance, discuss it with or ten (10) workdays after the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member employee should reasonably have learned of the Executive Committee may event giving rise to the grievance, whichever is later, the employee or a Union Representative shall submit a grievance in writing and shall discuss the grievance with his immediate supervisor. The immediate supervisor shall respond in writing to the employee and shop ▇▇▇▇▇▇▇ (if one was included in the initial conversation) not later than ten (10) workdays thereafter. The failure of the immediate supervisor to respond in a timely manner shall be presentconsidered a denial. (a) If the grievance is not settled in step 19.02, the aggrieved employee or a Union representative shall submit a written grievance to the Human Resources Coordinator or the Employer’s designee within five (5) workdays (a maximum of 25 workdays after the aggrieved event occurred). The written grievance shall state the Article and section of this Agreement alleged to have been violated, the nature of the violation, the remedy or correction desired, and it shall be signed and dated by the employee or the Union ▇▇▇▇▇▇▇ involved. Failure to submit the grievance in writing within 25 workdays shall result in such grievance being presumed to be without merit and it shall be waived, forfeited, and barred from further consideration. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within Within ten (10) calendar days workdays after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations receipt of the Association. The expenses of written grievance, the Arbitratorgrievant, excepting a Union representative, the parties' own expensesPresident or her designee, and at the Employer’s option, the Human Resources Coordinator or Employer’s designee, and the involved supervisor, shall be borne by meet to discuss the losing partygrievance. The arbitrator shall have Within seven (7) workdays after the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesmeeting, the arbitrator shall determine if President or her designee will give a written response to the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordinglygrievant. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award This written response shall be final and binding on the employee, the Union and the Company unless it is timely appealed to Mediation or Arbitration by the Union. (c) If the grievance if not satisfactorily settled through the processes presented in sections 19.02, 19.03(a), or 19.03(b), the parties may (1) mutually agree to defer the grievance matter to mediation with a mediator from the Federal Mediation and affected employeesConciliation Service prior to submission to arbitration; or (2)the Union may request arbitration by giving the Employer written notice of its desire to arbitrate within ten (10) workdays of the written response from the Employer as noted in section 19.03(b) of this article. (d) The Union will request in writing that the Bureau of Mediation Services (with a copy of such request to the Employer) furnish both parties with a list of seven (7) names of impartial arbitrators. From this list, the parties shall each alternately strike one name until only one name remains. This remaining person shall be named the Arbitrator. (e) The Grievance Procedure provided selection of the arbitrator and the hearing shall be within thirty (30) calendar days of the request for arbitration whenever practical. (f) No grievance shall be considered by the arbitrator which has not been first duly processed in accordance with the grievance procedure in this Agreement Agreement. (g) The expenses of the arbitrator shall be supplementary borne equally by the Union and the Employer, each party bearing its own preparation and presentation expenses. Each party shall be responsible for the expenses of their called witnesses for the arbitration herein. Should a transcript of the Hearing be requested by either party, the cost of the transcript and its preparation shall be borne by the requesting party. (h) Any time limits in this Article may be waived or cumulative extended by mutual agreement between the parties. 19.04: Any decision reached at any stage of this grievance procedure shall be final and binding upon the Employer, the Union, the grievant, and all other unit employees. An arbitrator will have jurisdiction only over grievances or disputes which may arise between the parties concerning the application or interpretation of this Agreement. All arbitration decisions shall be rendered only in accordance with the language of this Agreement and any written interpretations of this Agreement signed by the parties. An arbitrator shall have no power to add to, rather than exclusive ofignore, subtract from, or modify in any way, any procedures of the terms, conditions, or remedies afforded sections of this Agreement. 19.05: The written decision of the arbitrator will be issued within thirty (30) days following the close of the hearing unless otherwise mutually agreed in writing. Where an employee has been discharged in violation of the Agreement, the arbitrator may order the employee reinstated, with or without back pay, for loss of income resulting from such discharge. An award of the arbitrator shall not in any case be made retroactive to any employee by lawa date prior to the date on which the subject of the grievance occurred, and in no event more than fourteen (14) workdays prior to the filing of the grievance.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 081. A grievance is a written complaint by a Graduate Assistant(s) and request for remedy involving an alleged violation of a specific provision(s) of this Agreement and filed using the procedure outlined below in Sections B-94) Should any differencesD. A grievance may also be filed in writing by the Union, disputes or complaints arise but only as to the meaning interpretation or application of a specific provision of this Agreement. A Union grievance shall be brought at Step Two of these procedures (see Section(D)(2)) within twenty (20) business days after the Union first became aware, or reasonably should have been aware, of the facts giving rise to the grievance. No matter concerning any definition or application of the good standing of a Graduate Assistant in a CMU graduate degree program shall be subject to the grievance and arbitration procedures. The primary purpose of this procedure is to secure a practicable and equitable resolution of the grievance. Grievances shall be processed according to the time limits described herein; but, the time limits in each step of the process may be shortened or extended by mutual written agreement of the grievant and CMU. 2. Any written decision or written answer to a grievance made at any step, which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. If a written decision or written answer to an appeal is not rendered by an administrator within the time limits specified in this Article, the grievant may take the matter to the next step. 3. At no step in this procedure shall a settlement be reached which is inconsistent with the provisions of this Agreement, such differences unless both the University and Union concur in writing. 4. No settlement of a grievance by the parties shall be resolved a precedent for any other or future grievance. 5. A grievance may be withdrawn, and if withdrawn, may not be reinstated, and no financial or other liabilities shall result. 6. Whenever time limits are used in this Article, they shall be understood to mean business days. The time limits shall be tolled during break periods in the following manner:University calendar and University designated holidays. 7. No party to a meeting under this Article shall unreasonably fail or refuse to meet at reasonable times or places established for such meetings. If the meeting identified in Section (aD)(2)(b) An employee with a grievance shall, is not conducted within ten fifteen (1015) calendar business days due to the unavailability of the knowledge grievant or the Union representative, the written response required in Sections (D)(2)(b) and (c) shall be tolled for an equal number of days beyond which the occurrence meeting identified in (D)(2)(b) was conducted (i.e. if the meeting takes place twenty (20) business days after the submission of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. written response is not due until twenty (b20) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar business days after step (bthe meeting). (d8. Hand delivery or an actual verified receipt, time-stamped email, or postmark will be regarded by the parties as evidence of delivery and receipt for the purposes of determining whether time limits have been met. 9. A Graduate Assistant(s) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file choose to have a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations Union representative represent her or him at any step of the AssociationGrievance Procedure; or, a Graduate Assistant may choose to represent herself or himself at these Steps and forego or decline Union representation. 10. The expenses If a grievance is the result of an action of an administrator above the level of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter hiring department or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesunit, the arbitrator shall determine if the discharge grievant may initiate her or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeeshis grievance at Step Two. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences14.1 Any complaint, disputes disagreement or complaints arise as to difference of opinion between the meaning Employer, the Union or application of the provisions of employees covered by this Agreement, such differences which concerns the interpretation or application o f the terms and pro­ visions of this Agreement shall be resolved considered a grievance. 14.2 Any employee, the Union or the Employer may present a grievance. Any grievance which is not presented within thirty (30) calendar days following the event giving rise to such grievance shall be forfeited and waived by the aggrieved parties, except in the following manner: (a) An employee with a grievance shall, within case o f discharge or suspension when the time limit shall be ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be presentcalen­ dar days. 14.3 All grievances shall be submitted in writing and will set forth the issue(s) and contentions o f the aggrieved party(s). 14.4 The Union representatives and the Employer Labor representa­ tive shall discuss and attempt to adjust such grievances. 14.5 If the Union and the Employer Labor representative cannot reach an adjustment within five (b5) If an impasse has been reached in the above stepdays, upon request o f either party, the grievance shall be reduced submitted to writing within five (5) calendar days arbitration. 14.6 The parties shall select an Arbitrator or jointly request a list from the Federal Mediation and Conciliation Service and selection shall be made by alternate strike method. 14.7 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer, and shall make such independent investigation as he deems essential to a full understand­ ing and determination o f the issues involved. 14.8 The Arbitrator shall not be vested with the power to change, modify or alter any of the informal meeting terms o f this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement, and delivered shall not depend on or involve any issue or contention by either party which is contrary to any provision o f this Agreement or which involves the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to determination o f a subject matter not covered by or arising dur­ ing the Union Presidentterm of this Agreement. (c) If no solution to 14.9 The findings and decisions o f the grievance can Arbitrator on all arbitrable questions shall be reached by the above step, then the Union President shall request an audience for the employee binding and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)enforceable on all parties. (d) If 14.10 It is the intention o f the parties that this Article shall pro­ vide a peaceful method of adjusting grievances so that there shall be no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitrationsuspension or interruption of normal operations as a result o f any grievance. The party requesting arbitration parties shall promptly thereafter file a demand for arbitration with the American Arbitration Association act in good faith in proceeding to adjust grievances in accordance with the then applicable rules and regulations of the Association. provisions o f this Article. 14.11 The expenses of the Arbitrator, excepting the parties' own expenses, expense o f arbitrators shall be borne equally by the losing party. par­ ties to the arbitration. 14.12 The arbitrator Executive Board of the Local Union shall have the authority and jurisdiction final authority, in respect to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of any aggrieved Meat Department employee covered by this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order decline to process a grievance, com­ plaint, difficulty or dispute; if in the payment of back wages and compensation of an employee, which judgment o f the employee would otherwise have received, and/or enter Executive Board such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in grievance or dispute lacks merit or lacks justification under this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by lawthe satisfaction o f the Union Executive Board.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 15.01 Either the Employer(s), the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer(s), if necessary. Such grievances shall be resolved in processed as follows: Between the following manner: employee concerned, his Union Representative and the Manager. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date the object of resolving discussion took place. If the matter informally, if requested, a member of Union wishes to appeal to the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Manager within six (6) working days from the Manger's oral decision. Between the employee concerned, the Union Representative, the Manager, and/or the Owner. National Grocers Co. Ltd. or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer(s) or the Union. National Grocers Co. Ltd. or its representative shall advise the Employer(s) with respect to any matter in issue and the Employer(s) shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer(s). The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer(s) at this Step shall be in writing and be made within four (4) working days of the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this case during the informal meeting and delivered to grievance procedure, the Human Resources Director after which he/she shall have five (5Employer(s) calendar days to render an answer in writing to may reinstate the Union Presidentemployee with full back pay, suspend the employee for a definite period or sustain the discharge. (c) If no solution to the grievance can 15.04 Grievances concerning rates shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such grievance, if sustained, shall include the determination of the Association. The expenses effective date of the Arbitrator, excepting increase with retro-activity thereto. 15.05 The Employer(s) and the parties' own expenses, shall be borne by Union may file grievances commencing at Step Two. If an Arbitration Board finds that the losing party. The arbitrator shall have Employer(s) or the authority and jurisdiction to determine the propriety of the interpretation and/or application of Union has violated the Collective Bargaining Agreement respecting the grievance in questions, but he/she it shall not have the power to alter or modify award compensation to the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesEmployer(s), the arbitrator shall determine if Union or any employee affected by the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesviolation. (e) The Grievance Procedure provided in 15.06 Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be supplementary the sole and exclusive liability of such Employer and other Employers shall not be jointly or cumulative toseverally liable for such violations. (a) Failing settlement under the foregoing procedure, rather than exclusive of, any procedures or remedies afforded such grievance may be submitted to any employee Arbitration as hereinafter provided: (b) The time limits as prescribed above may be modified by lawmutual agreement of the parties.

Appears in 2 contracts

Sources: Collective Agreement, Master Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as 16.1 Any dispute relating to the meaning interpretation of or application of adherence to the terms and provisions of this Agreement, such differences Agreement shall be handled as follows: 16.2 All grievances shall be in writing, shall specify in detail the alleged violation of the contract and shall be received by the Hospital no later than twenty (20) calendar days following the date of occurrence. 16.3 Grievances relating to wages shall be timely if received by the Hospital no later than twenty (20) calendar days following the date of receipt of the check by the employee. 16.4 Step 1 - Within seven (7) calendar days following receipt of the grievance by the Hospital, representatives of the Hospital and the Union shall meet and attempt to resolve the grievance. The time for said meeting may be extended by mutual agreement. 16.5 Step 2 - If the grievance is not resolved in Step l, either party may refer the following manner: (a) An employee with a grievance shall, matter to arbitration. Any demand for arbitration shall be in writing and must be received by the other party within ten (10) calendar days of following the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal Step 1 meeting The Hospital and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution shall attempt to agree on a neutral arbitrator, who shall hear and determine the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Directordispute. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can is reached, the arbitrator shall be reached in selected from a list of nine (9) neutral arbitrators to be submitted to the preceding stepparties by the Director of the Federal Mediation and Conciliation Service or, within ten (10) calendar daysif the parties agree, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations Association. 16.6 The authority of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, arbitrator shall be borne by limited to making an award relating to the losing party. The interpretation of or adherence to the written provisions of this Agreement, and the arbitrator shall have the no authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questionsadd to, but he/she shall not have the power to alter subtract from or modify in any manner the terms and provisions of this Agreement. With respect to arbitrations involving the discipline or discharge The award of employees, the arbitrator shall determine if be confined to the discharge or discipline as for just cause; issues raised in the written grievance, and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she the arbitrator shall have no power to decide any other issues. 16.7 The award of the authority arbitrator shall be made within thirty (30) calendar days following the close of the hearing. The fees and expenses of the neutral arbitrator shall be divided equally between the Hospital and the Union. 16.8 The time limitations set forth herein relating to the time for filing a grievance and the demand for arbitration shall be mandatory. Failure to follow said time limitations shall result in cases concerning dischargethe grievance being permanently barred, discipline and/or other matters, if he/she waived and forfeited and shall so determine, not be submitted to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as arbitration. The time limitations provided herein may be appropriate and just. His/her award shall be final and binding on extended by mutual written agreement of the parties and affected employeesparties. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to A. A grievance within the meaning of this Agreement shall be any dispute concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement. A prompt and efficient method of settling grievances, as herein defined, is both desirable and necessary. This is the sole and exclusive procedure for the resolution of grievances under this Agreement. Moreover, notwithstanding the availability of the formal procedures of this Article, it is agreed an informal resolution of any dispute is desirable. The parties agree that such informal resolution shall occur, if possible, by direct discussion between the Union and the University. B. An aggrieved adjunct faculty member or the Union shall present a grievance within twenty-one (21) calendar days of its occurrence or discovery, or such grievance shall be deemed waived. The grievance must be reduced to writing and must specify the nature of the grievance, the provision(s) of this Agreement at issue, and the relief requested. C. The following steps shall be followed in the processing of grievances: Step 1. The adjunct faculty member shall file the grievance with his/her Department Chair or Program Director within twenty-one (21) calendar days of its occurrence or discovery. If the grievance is not resolved satisfactorily within twenty-one (21) calendar days thereafter, the grievance may proceed to Step 2. Furthermore, while the adjunct faculty member and the University are encouraged to resolve disputes at Step 1, the Union may initiate a grievance on the adjunct faculty member's behalf at Step 2, provided it is so initiated within the twenty-one (21) calendar days specified in paragraph B above. In the event an individual adjunct faculty member and the University settle a dispute without the written and express agreement of the Union, that settlement will not create a precedent for either party in the interpretation or application of this Agreement. Step 2. If the grievance is not resolved at Step 1, the adjunct faculty member may request that the Union appeal the grievance to Step 2. If the Union deems the grievance to be meritorious, it may file the Step 2 grievance with the ▇▇▇▇ of the appropriate School or his/her designee within fourteen (14) calendar days of receipt of the Step 1 response, or within fourteen (14) calendar days of the deadline for the Step 1 response, if none was received. A grievance involving the discharge of an adjunct faculty member or a grievance on behalf of a group of adjunct faculty members may be filed by the Union at Step 2. If the grievance is filed within the time limits, the ▇▇▇▇ or his/her designee shall conduct a meeting for the purpose of attempting to resolve the grievance. If the grievance is not resolved at this meeting, the ▇▇▇▇ or his/her designee shall respond to the Union in writing within twenty-one (21) calendar days of the meeting. If the ▇▇▇▇ or his/her designee fails to respond within twenty-one (21) calendar days of the meeting, the grievance may proceed to Step 3. Step 3. A grievance not resolved at Step 2 may be appealed in writing by the Union to the University's ▇▇▇▇▇▇▇ or his/her designee within fourteen (14) calendar days of the conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at this Step. If the grievance is not resolved at this meeting, the ▇▇▇▇▇▇▇ or his/her designee shall respond to the Union in writing within twenty-one (21) calendar days of the meeting. A grievance against a ▇▇▇▇ may be filed by the Union at Step 3. Additionally, as to Arbitration. A grievance not resolved at Step 3 may be appealed to arbitration by the Union by giving notice to the University within twenty-eight (28) calendar days of the Step 3 response. D. The Union shall request arbitration by giving notice to that effect to the Federal Mediation and Conciliation Service with a copy to the University. Unless the parties agree upon the selection of an arbitrator, such selection shall be in accordance with the procedures of the Federal Mediation and Conciliation Service. The arbitrator shall have jurisdiction only over grievances, as defined in this Article, and shall have no authority to add to, subtract from, modify or amend in any way the provisions of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the authority and jurisdiction University on matters committed to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall University's discretion under Article 9 (Management Rights) which are not have the power to alter or modify the further abridged by other terms of this Agreement. With respect to arbitrations involving the discipline or discharge The decision of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesparties. (e) E. The Grievance Procedure provided fees and expenses of the arbitrator, and the cost of any hearing transcript, shall be borne equally by the Union and the University. F. If an adjunct faculty member must miss a class because he/she is required to attend an arbitration, there will be no loss of compensation from the University for that adjunct faculty member. The adjunct faculty member shall be responsible for scheduling a make-up class or arranging, sufficiently in advance of the scheduled class, for a suitable replacement to teach the class who is acceptable to the Department Chair or immediate supervisor. Such replacement approval shall not be unreasonably denied. G. All time limits herein may be extended by mutual agreement expressed in writing. Unless the parties have agreed in writing to a specific extension of time, any grievance or demand for arbitration which is not filed at each step within the time limits contained herein shall be deemed waived and there shall be no further processing of the grievance or any arbitration thereon. All meetings referenced in this Agreement Article shall be supplementary scheduled at a date and time mutually agreed to by the parties. If the aggrieved adjunct faculty member is expected by the Union to attend and fails to attend two scheduled grievance meetings on the same grievance, without reasonable advance notice to the University and the Union, the grievance shall be deemed waived and there shall be no further processing of the grievance or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by lawarbitration thereon.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 11.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his supervisor an opportunity to adjust the complaint. If an employee has a complaint, he shall discuss it with his supervisor within three (Amended 08-943) Should working days after the circumstances giving rise to the complaint have occurred or have or ought to have reasonably come to the attention of the employee: failing settlement within one (1) working day thereafter, it shall then be taken up as a grievance within three (3) working days following advice of the supervisor's decision; in the following manner and sequence: 11.02 All decisions arrived at between the Company and the Association shall be final and binding upon the Company, and the Association and the employee or employees concerned. 11.03 Failing settlement under the foregoing procedure or any differencesgrievance between the parties arising from the interpretation, disputes application, administration or complaints arise alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within one (1) month after the meaning or application decision under Step No. 3 is given, the grievance shall be deemed to have been settled. 11.04 Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. (a) It is agreed that a grievance arising directly between the Company and the Association shall be originated under Step No. 2 and the time limits set out with respect to that step shall appropriately apply. It is understood, however, that the provisions of this Agreement, such differences shall Section may not be resolved in the following manner: (a) An employee used with respect to a grievance shall, within ten (10) calendar days of directly affecting an employee or employees and that the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may regular grievance procedure shall not be presentthereby by-passed. (b) If Where a number of employees have the same grievance and each employee would be entitled to grieve separately, they may present a group grievance in writing signed by each employee at Step No. 1 of the grievance procedure within three (3) days following the occurrence or origination of the circumstances giving rise to the grievance. The grievance shall then be treated as having been initiated at Step No. 1 of the grievance procedure and the applicable provisions of this agreement shall then apply. 11.06 No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Company under the Grievance Procedure except in matters of clerical errors affecting an impasse has been reached in employee's pay. 11.07 It is agreed that if there is a period of twelve (12) months since the above steplast disciplinary notice, the grievance previous disciplinary notice shall be reduced to writing within five (5) calendar days of removed from the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentemployee's Personnel file. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 20.01 A "grievance" is defined as any question or controversy between an employee or the UNION (Amended 08brought at Step 2) with the EMPLOYER involving the interpretation, application or compliance with or non-94) Should any differences, disputes or complaints arise as to the meaning or application of compliance with the provisions of this AgreementAGREEMENT, provided, however: 20.02 All employees should make every effort to settle differences and disputes without filing a grievance. In the event that an agreement cannot be reached, the following steps must be taken with respect to any grievance. STEP 1 The aggrieved employee shall present his/her grievance in writing by fully completing the Step 1 Grievance Report Form (Level l) to the employee's immediate supervisor or his/her designee (with a copy to Human Resources), who shall answer the grievance within seven (7) work days after receipt. This written presentation of the grievance to the immediate supervisor must take place within seven (7) work days after the employee has knowledge of the facts which gave rise to the grievance or with reasonable diligence should have knowledge of such differences facts. In no event, however J may a grievance be initiated more than thirty (30) days following the date of the occurrence from which the grievance arose. If the employee does not refer his/her grievance to the second step of the procedure within seven (7) work days after receipt of the decision rendered in this step, it shall be resolved considered to be satisfactorily resolved. If the grievance is processed as a class/group grievance, it shall move directly to Step 2. STEP 2 The grievance shall be referred in writing by fully completing the following manner:Step 2 Grievance Report Form (Level II) to the SUPERINTENDENT'S designee or his/her designee, who will investigate the grievance with the immediate supervisor. The SUPERINTENDENT'S designee shall reply within seven (7) workdays. If the employee is not satisfied with the written answer of the SUPERINTENDENT'S designee, the employee may refer his/her grievance to the third step of the grievance procedure. If the grievance is not referred to the third step within seven (7) workdays of receipt of reply from the SUPERINTENDENT'S designee, it shall be considered to be satisfactorily resolved. STEP 3 The grievance shall be submitted in writing by fully completing the Step 3 Grievance Report Form (aLevel III) An to the SUPERINTENDENT'S Designee, who shall investigate the grievance. As part of such investigation, the SUPERINTENDENT or his/her designee(s) shall meet with the aggrieved employee with a grievance shall, and his/her representative and others having knowledge of the matter within ten (10) calendar working days of the knowledge receipt of the occurrence of grievance at this step. Within ten (10) workdays after the incident which gave rise to investigation meeting is held, the grievance, discuss it with the Fire Chief SUPERINTENDENT or his/her designated representativedesignee's answer to the grievance shall be issued to the aggrieved employee, with the object of resolving UNION and all other affected individuals. The aggrieved employee shall have the matter informally, if requested, right to be represented by a member representative of the Executive Committee may be present. (b) UNION, upon request, at any step of the foregoing grievance procedure. If an impasse has been reached employee does not receive an answer to his/her grievance within the time limits contained in the above stepSteps 1, 2 or 3, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting considered denied and delivered may be advanced to the Human Resources Director after which he/she shall have five (5) calendar days next step, whichever is appropriate. Either party may request Grievance Mediation through FMCS prior to render an answer Arbitration. Mediation must be requested in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days workdays after step (b)an answer is received or should have been received under Step 3. (d) If no agreement can A. Arbitration must be reached requested in writing by the preceding step, UNION within ten (10) calendar dayswork days after the written answer is given or should have been given by the SUPERINTENDENT under Step 3 of the grievance procedure or the completion of mediation under Step 4. B. Notification of the intent of the UNION to appeal a grievance to arbitration must be submitted in writing to the SUPERINTENDENT within ten (10) work days after the written answer was given or should have been given by the SUPERINTENDENT under Step 3 of the grievance procedure, either party may in writingor the completion of mediation under Step 4. Upon receipt of such notification, the SUPERINTENDENT will request arbitration. The party requesting arbitration shall promptly thereafter file the Federal Mediation and Conciliation Service to provide the parties with a demand for arbitration with panel of arbitrators from which the American Arbitration Association parties can select an arbitrator in accordance with the then applicable rules and regulations of the Association. FMCS. C. The EMPLOYER and the UNION shall equally share the fees and expenses of the Arbitratorarbitrator and any expenses incidental to the arbitration proceeding. Each, excepting the parties' own expenseshowever, shall be borne by responsible for the losing party. fees and expenses of its representative(s). D. The decision of the arbitrator shall be final and binding upon the EMPLOYER, the UNION, and any employee involved in the matter. E. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter add to, subtract from, or modify the terms of this AgreementAGREEMENT. With respect to arbitrations involving the discipline or discharge of employeesOnly grievances, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severedefined herein, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeessubject to arbitration. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differencesA grievance is defined for the purposes of this section as an expressed difference or dispute between an employee and the Publisher, disputes or complaints arise as to the meaning Union and the Publisher regarding the interpretation, application, administration or application of the provisions alleged violation of this Agreement. It is the mutual desire of the parties hereto that such grievances be adjusted and settled as quickly as possible without stoppage of work. Within 15 days of the occurrence or origination of the circumstances giving rise to the grievance, the Chapel Chairperson or alternate shall take the matter to the ▇▇▇▇▇▇▇, superintendent, or designated representative of the Publisher in the department concerned in order to achieve a mutually satisfactory resolution. If a satisfactory settlement is not reached within five (5) working days or within such differences longer period which may be mutually agreed upon, the grievance shall be resolved taken up in the following manner:manner and sequence provided it is presented within fifteen (15) days of the Publisher's reply to the Union. STEP 1 The Chapel Chairperson or alternate shall make a written presentation to the Production Manager setting forth the nature of the grievance, the article of the collective agreement alleged to have been violated and the relief sought. The Production Manager or designate shall arrange a meeting with the Chapel Chairperson or alternate within ten (a10) An employee with days of receipt of the written presentation and discuss the grievance. The Production Manager or designate will give the Union a grievance decision in writing within ten (10) days following the meeting. STEP 2 Failing settlement of the grievance, the Union shall, within ten (10) calendar days of receiving the knowledge reply of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief Production Manager or his/her designated representative, with the object of resolving his designate refer the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Joint Standing Committee. A Standing Committee of two representatives of the Publisher and a like committee of two representatives of the Union President. (c) If no solution shall be appointed: in case of vacancy, absence or refusal of any such representative to act, others shall be appointed in their place by the respective parties to this agreement. Together, these two committees shall comprise the Joint Standing Committee. To this committee shall be referred in writing all differences or disputes which may arise as to the grievance can construction to be reached by the above step, then the Union President placed upon any article or articles of this Agreement and appendices or alleged violation thereof which cannot be settled otherwise. Such committee shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed meet within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitrationfollowing such written referral. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations unanimous agreement of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award Joint Standing Committee shall be final and binding on both parties to this Agreement. STEP 3 Should the Joint Standing Committee be unable to reach unanimous agreement on a settlement within ten (10) days of the date of its first consideration (such time may be extended by mutual agreement) the grievance may be referred to arbitration upon the request of either party to this Agreement in accordance with the terms and conditions of the Labour Relations Act of Ontario and the results of such arbitration shall be final and binding on both parties. In any grievance, the parties may by mutual consent omit the referral to the Joint Standing Committee and affected employees. (e) The Grievance Procedure provided refer the matter directly to arbitration. Any grievance shall be deemed to have been abandoned if it has not been referred to arbitration within 40 days of the completion of the steps outlined in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by lawArticle.

Appears in 2 contracts

Sources: Memorandum of Agreement, Memorandum of Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) 30.01 Should any differences, disputes or complaints differences arise as to the meaning interpretation or application of the provisions of this Collective Agreement or should grievance occur within a Department covered by this Collective Agreement, this to include discharge or termination without cause, there shall be no strike, stoppage of work or suspension of work by the Union or Employees or lockout by the Employer on account of such differences shall be resolved in or grievance until the following mannerprocedure has been carried out: (a) An employee with Grievances are to be submitted within six (6) months of occurrence except in the case of a grievance shallarising from an Employee's discharge or termination, in which case the grievance must be submitted within ten sixty (1060) calendar days of occurrence. Time runs from the knowledge of date that the occurrence grieving Party knew, or should have reasonably known of the incident which gave giving rise to the grievance. The Employee or Employees, discuss it with or the Fire Chief Employer shall report the grievance to the shop ▇▇▇▇▇▇▇ or his/her designated representativeshop ▇▇▇▇▇▇▇, with the object of resolving latter shall take the matter informally, if requested, up with a member representative of management or report the Executive Committee may be presentmatter to the Union representative who shall then take the grievance up with management. (b) If no settlement is then arrived at, either Party may notify the other in writing by registered mail of the question or questions to be arbitrated and the name and address of its choice of an impasse has been reached in the above steparbitrator. After receiving such notice and a statement, the grievance shall be reduced to writing other Party shall, within five (5) calendar days of the informal meeting and delivered agree to the Human Resources Director after which he/she proposed single arbitrator or suggest alternate arbitrator(s). If the two Parties fail to agree on a single arbitrator within three (3) days, they shall have five (5) calendar days forthwith request the Labour Relations Board to render appoint an answer in writing to the Union Presidentarbitrator. (c) If The arbitrator shall have the power in allowing a grievance to rectify the matter complained of, including the awarding of lost pay, if any, and reinstatement in employment. The decision of the arbitrator shall be final and binding upon both Parties. However in no solution event shall the arbitrator have the power to alter or amend the Collective Agreement in any respect. 30.03 Expedited Arbitration Procedure for collecting monies owed to various Local Funds (a) Notwithstanding anything contained in Sections 30.01 and 30.02 herein, a failure of the Employer to carry out its obligations including but not limited to making its required contributions under Article 5 - Dues Checkoff; Article 14 - Educational Training and Retraining Fund and Plan; Article 26.01 and Appendix "B" G.C.I.U. Local 525M Welfare Plan; Article 26.02 and Appendix "D" G.C.I.U. Local 525M Dental Plan; Article 27 and Appendix "C" G.C.I.U. Local 525-210 Pension Plan; Article 28 - G.C.I.U. Supplemental Retirement and Disability Fund; of this Collective Agreement may, as an alternative to Sections 30.01 and 30.02 be referred to arbitration by the Union, Employers or trustees of any one or more of the said plans, using the procedures set out in this Section. (b) There shall be no time limit within which a grievance must be filed or a matter referred to arbitration. Any breach by an Employer of its obligations to a plan referred to in this Section under a prior Collective Agreement between the Parties shall be deemed to be a breach of this Collective Agreement, and the procedures set out in this Section may be used in grieving and arbitrating such breach. (c) The Union, Employers and trustees, or their agents may submit a written notice of default to the Employer with a demand for payment of contributions and compliance with any other provisions of the plan. Such notice shall be considered to be the filing of a grievance can under this Section. The Notice shall be reached deemed to have been received by the above step, then Employer on the Union President shall request an audience for third day after the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)day on which it was mailed. (d) If no agreement can be reached in the preceding step, Employer fails to make its required contributions or otherwise fails to comply with the plan within ten (10) calendar daysdays after the date of the notice the grievance procedures shall thereupon be exhausted and the grievance may be referred at any time thereafter by the Union, either party Employers or trustees, or their agents, to final and binding arbitration. (i) The Union, Employers or trustees shall give reasonable notice to the Employer of their desire to arbitrate pursuant to this section and shall state the date, time and place fixed for such arbitration. (ii) The trustees of one or more of the said plans or such committee or subcommittee as the trustees may in writingappoint, request shall appoint an arbitrator or arbitrators to conduct the arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations Such arbitrator or arbitrators may include, but are not limited to, an Employer trustee, Union trustee, former trustee, former official, officer or Employee of the AssociationUnion, or an Employer which is a Party to the trust agreement which is being arbitrated or otherwise bound thereto. An arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans and one or more companies concurrently or as the arbitrator may determine. (iii) The arbitrator(s) shall hear and decide all matters referred to them by the Union, Employers or trustees. The expenses decision of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award arbitrator(s) shall be final and binding on the parties Union, Employers, trustees and affected employeesthe Company. (eiv) The Grievance Procedure provided arbitrator(s) shall have the full authority of an arbitrator appointed pursuant to the Labour Relations Code of British Columbia. Without limiting the generality of the foregoing the arbitrator(s) shall have the authority to order the Employer to perform its obligations pursuant to this Collective Agreement and relevant trust agreement or agreements, and may, in addition to ordering the Employer to make all contributions owing, order the Employer to pay interest on overdue contributions at such rate as the trustees have determined; pay reasonable counsel fees incurred, or to be incurred by the trustees, in the collection of such delinquent amounts, including the counsel fees for the arbitration, pay other reasonable costs incurred in the collection of a delinquency, pay liquidated damages in the amount equal to twenty percent (20%) of the total of all amounts found to be delinquent as determined by the arbitrator(s) to be due and owing. The Employer acknowledges and agrees that the liquidated damages will be used to defer administrative costs and acknowledges the cost to be actual and substantial though difficult to ascertain, however, the Employer acknowledges that these are a minimum of twenty percent (20%) of amounts found to be delinquent and waives the necessity of any additional proof thereof. Without limiting the generality of the foregoing, the said sum is on account of damages resulting from: 1. Inconvenience and burden imposed on the trustees. 2. Loss of any benefits, monetary or otherwise accruing to any Employees. 3. Loss of benefits and the use of any funds in connection with the Employer's failure to comply with the terms and conditions of the relevant trust agreement and Collective Agreement. (v) For the purposes of sub-section (iv), "reasonable counsel fee" shall mean all reasonable counsel fees in the amount for which the trustees become legally obligated, including the fee for recovery of liquidated damages, audit costs, filing fees, and any other expenses incurred by the trustees. (vi) Any arbitration order or award determined under this section may be filed by the Union, Employers or trustees pursuant to the Labour Relations Code of British Columbia and may be enforced thereunder. The Union, Employers or trustees may take any other action they deem advisable to enforce the obligations of an Employer as set out in this Agreement shall be supplementary or cumulative to, rather than exclusive of, Section notwithstanding any procedures or remedies afforded to any employee by lawother provision of this Collective Agreement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-9430.01 A grievance is any difference arising between the University of New Brunswick and the Association or between the University of New Brunswick and any Contract Academic Employee(s) Should in the bargaining unit relating to the interpretation, application or administration of this Collective Agreement, including any differences, disputes or complaints arise question as to whether a matter is arbitrable, or any allegation that this Collective Agreement has been violated. 30.02 The Parties agree to make every reasonable effort to settle all grievances in a prompt, amicable, just and equitable manner. Whenever possible, informal methods such as, but not limited to, those set out in Article 30.10 and Article 11 shall be used. 30.03 The Parties agree that there shall be final and binding settlement by arbitration or by the meaning other means provided for in this Article, of all grievances arising during the course of this Collective Agreement. 30.04 The Parties agree not to practice any discrimination, harassment, or application coercion of any kind against any Contract Academic Employee who elects to use or not to use the procedures set out in this Article. 30.05 The Parties agree that there shall be no grievances or arbitration founded upon Articles 1 or 2, or upon actions taken by the Board of Governors upon the recommendations arising out of the recommendatory processes of Article 5 insofar as such actions are not in conflict with this Agreement. The Parties further agree that appointments made by the University of New Brunswick are not grievable unless the relevant provisions of this Agreement, such differences Collective Agreement have been violated. The Parties further agree that there shall be resolved no grievances or arbitration founded upon the disposition of the market differential adjustments insofar as the disposition is not in conflict with this Collective Agreement. 30.06 A representative of the Association shall be present at all stages of the formal grievance and arbitration procedures, and may represent the grievor during those procedures. In addition, the grievor may be accompanied by another Contract Academic Employee, who may represent the grievor, at all formal stages of the grievance procedures. A representative from Human Resources and Organizational Development may accompany the ▇▇▇▇ or Vice-President at all stages of the formal grievance and arbitration procedures and may assist the ▇▇▇▇ or Vice-President during those procedures. In the context of this Article, the grievor and the Parties may not be accompanied by or represented by legal counsel during the informal stage, Stage 1, or Stage 2 of the grievance procedure. 30.07 All written communications required in this Article shall be delivered by either Canada Post Office certified mail or University campus delivery for which acknowledgement of receipt has been obtained. Such communications will be deemed to have been delivered on the fifth day following manner:posting, unless evidence exists to the contrary. Any attempt by a Contract Academic Employee to deliberately avoid receiving a written communication sent under the terms of this Article shall be deemed to constitute receipt of the communication. A copy of all communications required by this Article shall be sent to the Association by the University of New Brunswick authority who is sending such communications, and vice-versa. 30.08 Grievances are defined in Article 30.01 and shall be classified as follows (subject to Article 30.09): (a) An employee with Individual grievance shall mean a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise involving a Contract Academic Employee and particular to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be presentthat Contract Academic Employee. (b) If an impasse has been reached in the above step, the Group grievance shall mean a grievance involving a group of Contract Academic Employees and common to all Contract Academic Employees in that group, which shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentprocessed as a single grievance. (c) If no solution Policy grievance shall mean a grievance initiated by the Association which has general application to the grievance can be reached by bargaining unit as a whole, or to a clearly definable group within the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)bargaining unit. (d) If no agreement can be reached in University of New Brunswick grievance shall mean a grievance initiated by the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations University of New Brunswick which has general application to the Association, the bargaining unit as a whole, or to a clearly definable group within the bargaining unit. 30.09 The grievor in this Article shall mean the Party, Contract Academic Employee or group of Contract Academic Employees initiating the grievance. The expenses of the Arbitrator, excepting the parties' own expenses, shall Individual and group grievances may be borne initiated by the losing party. The arbitrator shall have Association, or by the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesContract Academic Employee(s) involved. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to 8.01 For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. 8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed between the employee and his or her immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, and signed by him or her, to the immediate supervisor or designate. The employee may be present.accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step 2 Within five (b5) If an impasse has been reached days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and the Union Representatives who may be accompanied by the Union ▇▇▇▇▇▇▇(s) or Grievance Committee as applicable of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)following the date of such meeting to the Union Representative. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. . The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of his/her employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall. he discussed with his immediate supervisor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five it shall be taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence: Step 1 The employee shall submit the grievance . in writing, and signed by him, to his immediate supervisor. The employee may be present.accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five days following the day on which the written settlement, then: (b) If an impasse has been reached Step 2 Within five days following the decision under Step 1 the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step 3 Within five days following the decision in the above immediately preceding step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Union President. (c) If no solution Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the designated union representatives who may be accompanied It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance can is a Hospital grievance it shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself filed with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)Grievance Committee. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Service Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to the meaning or application 15.01 A dispute arising out of the provisions interpretation, application or alleged violation of this Agreement, such differences including a dispute as to whether a matter is arbitrable, but excluding disputes under Article 17 (Pre-Job Conference) or Article 18 (Work Team Composition), which shall not be subject to the herein grievance procedure, shall be resolved adjudicated in accordance with the following mannerprocedures: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or assisted by his/her designated representativeShop ▇▇▇▇▇▇▇, with if he/she so desires, and the object employee’s immediate non-bargaining unit supervisor shall meet to discuss and, if possible, resolve such matter. Such resolution shall not contravene the terms and conditions of the Collective Agreement; it is solely for the purpose of resolving the matter informally, if requested, a member of the Executive Committee may and shall not be presentconsidered precedential or binding in any other grievance dispute. (b) STEP 1: If an impasse has been reached the matter discussed in a) above cannot be settled by the above step, ▇▇▇▇▇▇▇ and the non-bargaining unit supervisor then the grievance shall be reduced to writing within five (5) calendar days of after the informal meeting and delivered circumstances giving rise to the Human Resources Director after which hegrievance. The supervisor shall render his/she shall have her decision, in writing, within five (5) calendar days of his/her receiving the written grievance. The written grievance shall state the alleged violation, the date of the violation, the facts describing the alleged violation, the location of the violation, the person or entity committing the violation, the Article or Articles of the Agreement alleged to have been violated and the remedy sought. c) STEP 2: Should the written decision rendered in Step 1 be unsatisfactory to the employee or should no decision be rendered, the employee, assisted by the Council of Unions Site Representative, shall submit the written grievance within a further two (2) days to the Association and the Contractor's Designated Representative on the Project. The Association representative, the Council of Unions representative, the Contractor's representative and the employee, assisted by the ▇▇▇▇▇▇▇, shall meet within five (5) days to discuss the matter. Prior to the second step meeting, the Association and Council of Unions commit to engage in a joint fact finding exercise with a view of developing a common understanding of the facts surrounding the dispute to better position the Parties to resolve such dispute. The Contractor shall render an answer a decision in writing within one (1) day of the second step meeting. If such a meeting is not held, the matter shall be referred to the Union PresidentStep 3. d) STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (c2) days of the decision, the Contractor, the Association representative and the Council of Unions representative shall meet to discuss the matter. If no solution to the grievance resolution can be reached by achieved within two (2) days of such a meeting, either the above step, then Council of Unions or the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding stepAssociation may, within ten five (105) calendar daysdays of the meeting, either party may in writing, request arbitration. The party requesting refer the matter to arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations procedure contained herein. If such meeting is not held, the matter may be referred by either the Council of Unions or the Association. The expenses of Association to the Arbitrator, excepting the parties' own expenses, next step -- arbitration. 15.02 No employee shall be borne by the losing partydisciplined or discharged except for just cause. The arbitrator shall have the authority and jurisdiction to determine the propriety Any dispute arising out of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesan employee shall commence at Step 3 and may be referred to arbitration in the same manner as an employee’s grievance. 15.03 The Association or Council of Unions may file a grievance, in writing, with the other Party within five (5) days after the circumstances giving rise to the grievance have occurred or originated or within five (5) days of the Association or Council of Unions becoming aware of such circumstances. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 15.04 The appointment of an arbitrator will be made within four (4) days of a referral to arbitration under Step 3. The arbitrator shall determine if be selected in rotation from a list of five (5) arbitrators acceptable to the discharge or discipline Parties, which list is attached hereto as for just cause; Schedule “D” and he/she forms part of this Agreement. The list shall be reviewed and may review penalty imposed and if be updated by the Parties once every year during the term of this Agreement. Should the arbitrator, who is next in rotation, be unable to act within the time requirements set out in this Article, he/she shall find it be passed over to be inappropriate and/or unduly severethe next person on the list. 15.05 The arbitrator shall, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment within thirty (30) days of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. Hishis/her award appointment, convene an arbitration hearing to hear the relevant evidence. The decision of the arbitrator shall be final and binding on the parties and affected employeesParties. 15.06 The arbitrator shall not have any power to alter, change, add to or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form provided the grieving party has provided the particulars set out in Article 15.01 b). 15.07 In the interest of providing speedy resolution to grievances, arbitration hearings shall be conducted by video and/or telephone conference call unless mutually agreed otherwise, with the Association representative and the Council of Unions representative or their designated respective legal counsel(s) acting as presenters. All rulings will be given by the arbitrator within fifteen (e15) days. 15.08 The Grievance Procedure provided time limits specified in this Agreement procedure are mandatory. Failure of a Party to file a grievance within the time limited or failure of the grieving Party to advance a grievance to the next step in the time limited shall mean the matter is not grievable and shall constitute abandonment. 15.09 The Parties may, by mutual consent and in writing, extend the time limits of this grievance and arbitration procedure, which consent shall not be unreasonably withheld. In order to take into account applicable work schedules, reference to a number of “days” within this Article 15 shall be supplementary or cumulative toconstrued as working days. 15.10 The Contractor/Association, rather than exclusive ofwhichever is the case, any procedures or remedies afforded and the Council of Unions involved in an arbitration shall pay the fees and expenses of the arbitrator in accordance with the following: a) In the event the arbitrator makes a determination that there is a losing Party(s) the arbitrator may order the losing Party(s) to any employee by lawpay the arbitrator’s fees and expenses. b) In the event the arbitrator makes no order as to the payment of fees and expenses, each of the Party(s) shall pay an equal share of the fees and expenses of the arbitrator.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. such complaint shall be discussed with his immediate supervisor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor decision in the following manner and sequence: Step 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present.accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement, then: (b) If an impasse has been reached Step 2 Within five days following the decision under Step 1 the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the above day on which the grievance was presented to him. This step may be omitted where the employee's supervisor and Department Head are the same person. Failing settlement, then: Within five days following the decision in immediately preceding step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the designated Union President. (c) If no solution representatives who may be accompanied by the general representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten days following the date of such meeting. Policy Grievance A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step 3 within ten days following the 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 an employee which he could have instituted himself and the regular grievance procedure shall not be thereby Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee. Group Grievance Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing identifying each employee who is grieving, to the Department Head, or his designate, within ten days after the circumstances giving rise to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitrationhave occurred. The party requesting arbitration grievance shall promptly thereafter file a demand for arbitration with then be treated as being initiated at Step 2 and the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms provisions of this Agreement. With Article shall then apply with respect to arbitrations involving the discipline or discharge handling of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesgrievance. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to B. It is the meaning or application declared intention of the provisions parties to make a sincere and determined effort to settle all alleged grievances on a voluntary and informal basis and the specific limitation of this Section to alleged violations of express terms or conditions of this Agreement is not intended to preclude discussion between the Union and the School at each level on matters of mutual concern. C. The parties to this Agreement, such differences shall be resolved in both on the following manner: (a) An employee with a grievance shallSchool/Teacher level and on the School/Union level, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise are permitted and encouraged to the grievance, meet and discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms informally any alleged violation of this Agreement. With respect to arbitrations involving At this stage of the discipline or discharge of employeesGrievance and Arbitration procedure, where the arbitrator shall determine if teacher is the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severeaggrieved party, he/she may modify it accordingly. Hetake the matter up directly with his/she shall have the authority in cases concerning discharge, discipline and/or other matters, if her Employer or he/she may have the assistance of the Union in doing so. Should the parties be unable to resolve the alleged violation in an informal manner, the formal Grievance and Arbitration procedure described herein under shall so determinebe available to either party. When a teacher seeks to invoke the formal Grievance and Arbitration procedure, the teacher must submit his/her alleged grievance to the Union which will have the sole responsibility and discretion for processing the grievance complaint. D. The parties expressly agree that the statements made during the informal discussions referred to ▇▇▇▇▇▇▇▇▇▇▇ may not be quoted by the opposing party during the formal proceedings. (This provision is not intended to preclude the use of this information if it is obtained from other sources or on another occasion or to diminish the substantive rights of the aggrieved party.) E. Notwithstanding any procedures used by the parties during the informal stage referred to hereinabove, the parties agree that the formal Grievance and Arbitration procedures contained herein must be strictly adhered to by the complaining party and that any violation of these time limits shall, in and of itself, constitute good and valid grounds for the dismissal of the formal grievance complaint. F. Should there be an unresolved allegation of a violation of an express obligation under a term or condition of this Agreement, the complaining party shall submit to the other party a written statement describing said violation and citing the section of this Agreement, by Article Number or Title heading, which expressly contains the term or condition alleged to have been violated. The grievance will be deemed waived, and the complaining party will be barred from filing a grievance, unless said written statement is submitted to the other party within twenty-five (25) school days after the act or condition upon which the grievance is based was known, or should have been known, to order the payment complaining party. In no event may the grievance be submitted beyond six months after said act or condition occurred. For purposes of back wages this provision, the Union will be deemed to know of said act or condition at such time as a grieving teacher knew or should have known of said act or condition. Where the School is the grievant, it will be deemed to know of said act or condition at such time as the Employer knew or should have known of said act or condition. G. Said written statement shall be submitted to the School if it is a grievance filed by a Union member or the Union, or to the local Union delegate and compensation the Union President if it is a grievance filed by the Employer. H. If the complaint is not satisfactorily resolved within seven days after receipt of said written notice, the complaint shall be referred, within ten days, to a Grievance Committee composed of one representative of the School and of the Union respectively. Should an agreement satisfactory to both parties not be reached within twenty days after receipt of the aforesaid notice, the complaint may be submitted to arbitration by an impartial arbitrator selected by the parties hereto. I. If no mutual selection of an employeearbitrator is obtained within ten days from the date of the submission of the grievance to arbitration, which the employee would otherwise have receivedselection of the arbitrator and the arbitration shall be conducted under the rules of the American Arbitration Association, and/or enter such other and/or future awards as may be appropriate and just. His/her award Labor Arbitration Panel. J. The decision of the Arbitrator shall be final and binding on upon both parties and the award of the Arbitrator may be confirmed by any court having jurisdiction thereof. The fees and costs of the arbitration shall be shared equally by the parties and affected employeesto this Agreement. (e) The Grievance Procedure K. Where a grievance has been filed and cannot be resolved prior to the end of the school year as provided for herein or is filed subsequent to the end of the school year, and which, if left unresolved, could result in this Agreement serious harm to any person or party, the time limits contained herein shall be supplementary or cumulative to, rather than exclusive of, any reduced and the procedures or remedies afforded contained herein shall be expedited to any employee by lawthe extent practicable.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee may be present. (b) If an impasse has been reached in Bargaining Unit and the above stepHospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the grievance shall be reduced to writing within five (5) calendar days remedy sought, and should, where possible specify the provisions of the informal meeting and delivered Agreement which are alleged to have been violated. At the time formal discipline is imposed any stage of the grievance procedure, an employee shall have the right, upon request, to the Human Resources Director after which he/she presence of his ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall have five (5) calendar days notify the employee of this right in advance. Where the Hospital deems it necessary to render suspend or discharge an answer in writing to employee, the Hospital shall notify the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may of such suspension or discharge in writing, request arbitrationwithin three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate Supervisor the opportunity of adjusting his complaint. The party requesting arbitration may have the assistance of a Union ▇▇▇▇▇▇▇ if he so desires, Such complaint shall promptly thereafter file a demand for arbitration be discussed with his immediate Supervisor within five days after the American Arbitration Association in accordance with circumstances giving rise to it have occurred or ought reasonably to have come to the then applicable rules and regulations attention of the Associationemployee, Failing settlement within five days, it shall then be taken up as a grievance within five days following his immediate decision in the following manner and sequence: Step 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate Supervisor. The expenses of the Arbitrator, excepting the parties' own expenses, shall employee may be borne accompanied by the losing partya Union ▇▇▇▇▇▇▇. The arbitrator shall have immediate Supervisor will deliver his decision, in writing, within five days following the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, day on which the employee would otherwise have receivedwritten grievance was presented to him. Failing settlement, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.then:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08a. A grievance is a written complaint by a Graduate Assistant(s) and request for remedy involving an alleged violation of a specific provision(s) of this Agreement and filed using the procedure outlined below in Sections 2-94) Should any differences4. A grievance may also be filed in writing by the Union, disputes or complaints arise but only as to the meaning interpretation or application of a specific provision of this Agreement. A Union grievance shall be brought at Step Three of these procedures (see Section 4.c) within twenty (20) business days after the Union first became aware, or reasonably should have been aware, of the facts giving rise to the grievance. No matter concerning any definition or application of the good standing of a Graduate Assistant in a CMU graduate degree program shall be subject to the grievance and arbitration procedures. The primary purpose of this procedure is to secure a practicable and equitable resolution of the grievance. Grievances shall be processed according to the time limits described herein; but, the time limits in each step of the process may be shortened or extended by mutual written agreement of the grievant and CMU. b. Any written decision or written answer to a grievance made at any step, which is not appealed to the succeeding step within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. If a written decision or written answer to an appeal is not rendered by an administrator within the time limits specified in this Article, the grievant may take the matter to the next step. c. At no step in this procedure shall a settlement be reached which is inconsistent with the provisions of this Agreement, such differences unless both the University and Union concur in writing. d. No settlement of a grievance by the parties shall be resolved a precedent for any other or future grievance. e. A grievance may be withdrawn, and if withdrawn, may not be reinstated, and no financial or other liabilities shall result. f. Whenever time limits are used in this Article, they shall be understood to mean business days. The time limits shall be tolled during break periods in the following manner:University calendar and University designated holidays. (ag. No party to a meeting under this Article shall unreasonably fail or refuse to meet at reasonable times or places established for such meetings. h. Hand delivery or an actual verified receipt, time-stamped email, or postmark will be regarded by the parties as evidence of delivery and receipt for the purposes of determining whether time limits have been met. i. A Graduate Assistant(s) An employee with may choose to have a Union representative represent her/him at Steps One or Two of the Grievance Procedure; or, a Graduate Assistant may choose to represent her/himself at these Steps and forego or decline Union representation. During Steps Three and Four of the grievance procedure, Union representation is required. j. If a grievance shall, within ten (10) calendar days is the result of an action of an administrator above the level of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief hiring department or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above stepunit, the grievant may initiate her/his grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentat Step Two. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94a) Should In the event of a complaint or grievance arising under the terms of this agreement, the Shop ▇▇▇▇▇▇▇ shall take the matter up with a supervisor and every reasonable effort shall be made to reach a satisfactory solution. Provided, however, that this shall not bar the affected employee's right first to endeavor to adjust the matter with his supervisor, so long as the adjustment does not violate any differences, disputes or complaints arise as to the meaning or application of the provisions provision of this Agreement. On.written grievances, such differences shall be resolved in the following manner: (a) An employee with supervisor will make every effort to hold a grievance shallhearing within five days, within but must hold a hearing within' ten (10) calendar days of the knowledge receipt of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee . This may be presentextended by mutual agreement between the Council and the Union. (b) If an impasse has been reached in the above stepno satisfactory solution can be reached, the grievance Business Agent of the Union shall take the matter up with the designated supervisor of the Council within five days after the occurrence of the event complained of. If the Business Agent and the Council designee cannot reach a satisfactory agreement, the matter shall be reduced to writing within five (5) calendar days of the informal meeting and delivered referred to the Human Resources Director after which he/she shall have five (5) calendar days Council Executive Board in an attempt to render an answer in writing resolve the complaint before referring such complaint to the Union Presidentarbitration as provided herein. (c) If no solution Any complaint as to a layoff, suspension or dismissal must be made by the Shop ▇▇▇▇▇▇▇ to the grievance can Council in writing within seven days from the date thereof or it shall not be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)subject to arbitration. (d) If no Any grievance or disputes arising under the terms of this agreement can which cannot be reached in adjusted by the preceding step, representatives of the parties shall be submitted to arbitration within ten (10) 30 calendar days, either party may in writingunless the parties agree to an extension. In the event the parties cannot agree upon an arbitrator, they shall jointly request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with list of arbitrators from the American Arbitration Association in accordance with and shall select the then applicable rules and regulations arbitrator from that list by alternately striking names. The decision of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, arbitrator shall be borne by final and binding on all parties and the losing partyparties agree to comply with such decision. The It is clearly understood that the arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to add to, subtract from, or alter or modify any of the terms of this Agreement. With respect to arbitrations involving The fee of the discipline or discharge of employees, the impartial arbitrator shall determine if be borne equally by the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesparties. (e) The Grievance Procedure provided in this Agreement Employees shall not be charged for loss or damages unless clear proof of gross negligence is shown. No deduction of any kind shall be supplementary made without a hearing with the Union, if requested. (f) The Council recognizes the employee’s right to be given requested representation by a Shop ▇▇▇▇▇▇▇, or cumulative toa designated Union representative, rather than exclusive ofat such time as the employee reasonably contemplates disciplinary action. The Council also recognizes the Shop ▇▇▇▇▇▇▇’▇ right to be given requested representation by another Shop ▇▇▇▇▇▇▇, any procedures or remedies afforded a designated Union representative, at such time as the Shop ▇▇▇▇▇▇▇ reasonably contemplates disciplinary action. When requested by the Union or the employee, there shall be a Shop ▇▇▇▇▇▇▇ present whenever the agents of the Council meet with an employee concerning grievances, discipline, or investigatory interviews. In such cases, the meeting shall be reasonably delayed until the Shop ▇▇▇▇▇▇▇ or alternate ▇▇▇▇▇▇▇ is present in person or by phone. The Union will maintain a list of Shop Stewards and alternates with the Council. If an employee does not wish to any employee by lawhave a Shop ▇▇▇▇▇▇▇ a note of such request will be made for the file and can be shared with the Union for their records.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either A between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing within three days. It is the mutual desire of the hereto that complaints shall be adjusted as as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a ▇▇▇▇▇▇▇ if he so Such complaint shall be discussed with his immediate supervisor within five days after the circumstances giving rise to it have occurred CT ought reasonably to have come to the attention of the Failing settlement within the five days, it shall be taken a grievance within days following his supervisor's in the following manner and sequence: 1Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a ▇▇▇▇▇▇▇. The immediate supervisor will deliver hi decision in the above step, the grievance shall be reduced to writing within five (5) calendar days of following day on which the informal meeting and delivered written grievance was presented him. Failing settlement, then: 2Step Within five days following the decision under Step 1 the employee, accompanied by a Union ▇▇▇▇▇▇▇, or the Union ▇▇▇▇▇▇▇ shall submit the written grievance to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer his Department Head, who will deliver his decision in writing to within five days following the Union President. (c) If no solution to day on which the grievance can be reached by the above step, then the Union President shall request an audience for the employee and was presented to him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate omitted where the employee's immediate supervisor and justDepartment Head are the same person. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative toFailing settlement, rather than exclusive of, any procedures or remedies afforded to any employee by law.then:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, Section 1. The grievance/arbitration procedure provides the means by which disputes or complaints problems between the parties which arise as to concerning the application, meaning or application interpretation of this Agreement are to be resolved. STEP 1. The employee or the Association on the employee's behalf shall present his/her grievance in writing on the "Official Grievance Form" or facsimile, to his/her immediate supervisor within the appropriate time limit. The grievance statement shall include: a. The date the grievance occurred; b. A description of the provisions problem; c. The contract provision alleged to be violated; and d. The remedy sought. At the employee’s request, the supervisor shall schedule a mutually convenient time to discuss the grievance with the grievant and/or his/her representative, either in person or by telephone, within seven (7) days of this Agreementfiling the grievance, unless such differences discussion is mutually waived. The supervisor shall be resolved investigate the grievance and respond in the following manner: (a) An employee with a grievance shall, writing within ten (10) calendar days of the knowledge grievance discussion or receipt of the occurrence of grievance if discussion was waived. STEP 2. If the incident which gave rise STEP 1 response is unsatisfactory, the Association may advance the written grievance and the STEP 1 response to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the Manager at STEP 2. The grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed submitted within ten (10) calendar days after step of either the receipt of the response at STEP 1, or the date the response was due, whichever occurs first. At the Association’s request, the Manager shall schedule a mutually convenient time to discuss the grievance with the grievant and/or his/her representative, either in person or by telephone, within seven (b). (d7) If no agreement can be reached days of receiving the grievance from the Association, unless such discussion is mutually waived. The Manager shall investigate the grievance and respond in the preceding step, writing within ten (10) calendar daysdays of the grievance discussion or receipt of the grievance if discussion was waived. STEP 3. If the STEP 2 response is unsatisfactory, the Association may advance the written grievance, unchanged, along with the response, if any, from STEP 1 and STEP 2 shall be submitted to the Superintendent/Assistant Administrator or his/her designee, except for ▇▇▇▇▇▇▇▇▇ Cottage which shall be submitted to the Senior Human Resource Manager of the program. The grievance must be submitted within ten (10) days of either the receipt of the response at STEP 2, or the date the response was due, whichever occurs first. The Superintendent/Assistant Administrator or his/her designee shall investigate the grievance and at the Association’s request schedule a mutually convenient time to discuss the grievance with the grievant, and/or his/her representative and/or lower level manager, either party in person or by telephone, unless such discussion is mutually waived. The Superintendent/Assistant Administrator or his/her designee shall respond in writing within ten (10) days of the discussion or receipt of the grievance, if discussion is waived. STEP 4. If the STEP 3 response is unsatisfactory, the Association may advance the written grievance, along with the responses, if any, from STEP 1, STEP 2, and STEP 3 shall be submitted to the Department of Administrative Services, Labor Relations Unit within ten (10) days of either Arbitration. If the grievance is not satisfactorily resolved by the Labor Relations Unit, the Association, on behalf of the grievant, may advise the Labor Relations Unit within ten (10) days of either receipt of the Division's response, or the date the response was due, whichever occurs first, that it wishes to arbitrate the grievance. Section 3. Time limits specified in this procedure must be observed unless extended by mutual agreement of the parties in writing. If at any step of the grievance procedure the Employer fails to issue a response within the time limits set forth in this Article, request arbitration. The party requesting arbitration the grievance shall promptly thereafter file a demand for arbitration with automatically advance to the American Arbitration Association in accordance with next step of the then applicable rules and regulations of grievance procedure unless withdrawn by the grievant or the Association. If the employee or Association fails to meet the time limits specified herein, the grievance will be considered withdrawn and it cannot be resubmitted. Section 4. At STEP 1, the parties understand that the grievant will explain the grievance and indicate the contract provision(s) violated to the best of his/her understanding. Section 5. The expenses parties agree to use the "Official Grievance Form" or facsimile for the processing of the Arbitratorgrievances and that beginning at STEP 2, excepting the parties' own expenses, it shall be borne by complete with all information required on the losing partyform at that Step. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Official Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.Form can be

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differencesIt is the -mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, disputes or complaints arise as and it is understood that an employee has no grievance until he has first given his supervisor an opportunity to adjust the complaint. If an employee has a complaint, he shall discuss it with his supervisor within three working days after the circumstances giving rise to the meaning complaint have occurred or application have or ought to have reasonably come to the attention of the provisions employee: failing settlement within one working day thereafter, it shall then be taken up as a grievance within three working days following advice of this Agreement, such differences shall be resolved the supervisor’s decision; in the following manner: (a) An employee manner and sequence: STEP NO. 1 The employee, with a ▇▇▇▇▇▇▇, may present his grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the his supervisor. The grievance shall be reduced in writing on a grievance form approved by the Company and the Association and shall include the remedy sought and shall be sufficiently specific to identify the alleged violation of the Agreement; failing settlement the supervisor shall deliver his decision in writing within five (5) calendar three working days following the presentation of the informal meeting and delivered grievance to him. Failing settlement: STEP NO. 2 Within three working days after the Human Resources Director after which he/she shall have five (5) calendar days to render an answer decision in Step No. 1 is given, the employee, with a ▇▇▇▇▇▇▇, may submit the grievance in writing to the Union President. (c) If no solution Operations Manager or his designate. A meeting will be held with the Manager or his designate and Chief ▇▇▇▇▇▇▇ or Department and/or employee to discuss the grievance. Within three working days this meeting, the Operations Manager shall deliver his decision in following the presentation of the grievance can be reached by the above step, then the Union President shall request an audience for the employee and to him/herself with the Human Resources Director. This step must be completed within ten (10) calendar STEP NO. 3 Within three working days after step (b). (d) If no agreement can be reached the decision in Step No. 2 is given; the preceding stepgriever, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator who shall have the authority and jurisdiction to determine the propriety assistance of the interpretation and/or application of the Collective Bargaining Agreement respecting Grievance Committee, may submit the grievance in questionswriting to the Group President or his designate. A meeting will then be held within five working days the Group President or his designate, but he/she shall not have and the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, Grievance Committee (which the employee would otherwise Company may restrict to not more than two members at the meeting) and the President or his designate, or the shall be present at the request of either the Company or the decision of the Group President or his designate shall be in writing within seven working days. It is understood that the President or his designate, and the Grievance Committee of the may have received, and/or enter such other and/or future awards council and assistance as they may be appropriate desire at any such meeting. All decisions arrived at between the Company and just. His/her award the Association shall be final and binding on upon the parties Company, and affected employees. (e) The Grievance Procedure provided in this Agreement the Association and the or employees concerned. as a matter is such grievance may be submitted to as hereinafter provided. If no written request for arbitration is received within one month after the decision under Step No. 3 is given, the shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded deemed to any employee by lawhave been settled.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate decision in the following manner and sequence. The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. Failing settlement then: Within five (5) days following the decision under Step the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive or the designated Hospital representative and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the patties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10IO) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5)days following his immediate decision in the following manner and sequence. The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. Failing settlement then: Within five (5) days following the decision under Step I the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Chief Executive of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 15.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this agreement. 15.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this Agreementagreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: Between the following manner: employee concerned, his Union representative and the Owner. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this step. The Owner shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date the object of resolving discussion took place. If the matter informally, if requested, a member of Union wishes to appeal to the Executive Committee may be present. (b) If an impasse has been reached in the above next step, the grievance shall be reduced to writing and the appeal shall be filed with the Owner within six (6) working days from the Owner's oral decision. Between the employee concerned, the Union representative, the department manager, and the Owner. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Owner/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the informal meeting and delivered to grievance procedure, the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to Employer may re-instate the Union Presidentemployee with full back pay, suspend the employee for a definite period or sustain the discharge. (c) If no solution to the grievance can 15.04 Grievances concerning rates shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such grievances, if sustained, shall include the determination of the Association. The expenses effective date of the Arbitrator, excepting increase with retro-activity thereto. 15.05 The Employer and the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she Union may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesfile grievances commencing at STEP THREE. (ea) Failing settlement under the foregoing procedure, such grievance may be submitted to arbitration, as hereinafter provided; (b) The Grievance Procedure provided in this Agreement shall time limits as prescribed above may be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee modified by lawmutual agreement of the parties.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor’s decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in the above step, the grievance shall be reduced to writing within five (5) calendar days of following the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, day on which the employee would otherwise have receivedwritten grievance was presented to him. Failing settlement, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.then:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. PROCEDURE 14.01 It is the mutual desire of the parties to this Agreement that complaints of employees shall be dealt with as quickly as possible. 14.02 It is understood and agreed that before initiating an individual grievance, the employee shall, in the presence of his ▇▇▇▇▇▇▇ or other Union Representative, if he so wishes, discuss the matter with his ▇▇▇▇▇▇▇ and other supervisory personnel of the Employer, giving him an opportunity to deal with that complaint. 14.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows: Step 1 Within ten (Amended 08-9410) Should any differences, disputes or complaints arise as days after the circumstances giving rise to the meaning grievance occurred or application originated (except in the case of a discharge grievance, which shall be presented within five (5) working days), the grievance shall be presented to the company, in writing, and the parties shall meet within five (5) working days in an endeavour to settle the grievance. Written notice of the provisions grievance must be submitted to the Local Association. Step 2 If a satisfactory settlement is not received within five (5) working days from the meeting in Step 1 above, then the grievance may be submitted to a Committee consisting of two (2) members of the Council and two (2) members of the Employer Bargaining Agency at any time within five (5) days thereafter, but not later. If a satisfactory settlement is not reached within five (5) working Master Portion - Provincial ICI days from either meeting above, then the grievance may be submitted to arbitration as provided in this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, any time within ten (10) calendar days thereafter, but not later. 14.04 Grievances dealing with alleged violations of payment for hours of work, rates of pay, overtime, vacation and holiday pay, shift premium, traveling expenses, room and board allowances, reporting allowances and dues may be brought forward within ninety (90) days from the knowledge of date the occurrence of the incident which gave circumstances giving rise to the grievance occurred or originated. It being understood and agreed that the above time limits do not apply to grievances concerning welfare and pension contributions, training fund, vacation pay and union dues, remittances and Employer's Fund which may be brought forward within ninety (90) days from the date the Union became aware of the alleged violation. 14.05 No grievance may be submitted to arbitration, which has not been properly processed through the mandatory stages of the grievance procedure as herein provided. Notwithstanding Article 14.06, the party initiating the grievance may opt to proceed to arbitration under Section 133 of the Act. 14.06 When either party requests that a grievance be submitted to arbitration, the party making the request shall do so in writing to the other party and at the same time, appoint an arbitrator. Within five (5) working days thereafter, the other party shall appoint an arbitrator. The two (2) arbitrators so appointed will meet at their earliest convenience and attempt to select by agreement, a third person who shall act as Chairman of the Arbitration Board. If they are unable to agree on a Chairman within two (2) days, they will then request the Minister of Labour of the Province of Ontario to appoint an impartial Chairman. (a) The Arbitration Board shall hear the subject of the grievance, discuss it with the Fire Chief including whether or his/her designated representative, with the object of resolving not the matter informallyis arbitrable, if requestedand shall issue a Master Portion - Provincial ICI decision, a member of which is binding upon the Executive Committee may be presentparties and upon any employee affected by it. (b) If an impasse has been reached in The decision of a majority is the above stepdecision of the Arbitration Board, but if there is no majority, the grievance shall be reduced to writing within five (5) calendar days decision of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union PresidentChairman governs. (c) If no solution to Each of the grievance can be reached by parties shall pay one-half (1/2) of the above step, then remuneration and expenses of the Union President shall request an audience for Chairman of the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)Board. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she Board shall not have the power to alter or modify amend any of the terms provisions of this Agreement. 14.08 It is understood that the Employer Bargaining Agency, on its own behalf, or on behalf of its member companies, may file a grievance with the Union and that if such complaint is not settled to the satisfaction of the parties concerned, it may be treated as a grievance and referred to arbitration in the same way as a grievance of any employee. Such grievances shall be processed in accordance with Article 14.03 of the grievance procedure set out above. 14.09 The Local Union and/or Council may file a grievance when an alleged violation occurs which is of common concern to all or a group of employees in the bargaining unit or when a dispute arises in the application, interpretation or administration of this Agreement. With respect Such grievance is subject to arbitrations involving the discipline or discharge same time limits as set out in Article 14 and is to be processed in accordance with the provisions of employeesArticle 14.03. 14.10 The nature of the grievance, the arbitrator location of the project involved, the remedy sought and the article or articles of the Agreement which are alleged to have been violated shall determine if be set out in the discharge or discipline as for just cause; written record of the grievance. 14.11 In determining the time which is allowed in the various steps, Saturdays, Sundays and he/she may review penalty imposed holidays shall be excluded and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as any time limited may be appropriate extended by mutual agreement in writing. Master Portion - Provincial ICI 14.12 A party proceeding to arbitration before the Ontario Labour Relations Board under the provisions of Section 133 will send written notice to the Employer Bargaining Agency and just. His/her award shall be the Ontario Provincial District Council of its intent to proceed to final and binding on the parties and affected employeesarbitration. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, applications, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first giving his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor% decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in the above step, the grievance shall be reduced to writing within five (5) calendar days of following the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, on which the employee would otherwise have receivedwritten grievance as presented to him. Failing settlement, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.then:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions of purposes this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation or the Agreement, The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance, Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire or the parties hereto that complaints shall be adjusted as quickly as possible, it is understood that an employee has the no until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the days, it shall then be taken up as a grievance within five days following his immediate in the following manner and sequence: Step 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement, then: 2Step Within five days following the decision under step the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing-settlement, then: 3Step Within five days following the decision in the above immediately preceding step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Union President. (c) If no solution to Chief Executive Officer or the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the designated union representatives who may be accompanied by the general representative of the Union, within five days of the submission of the grievance can at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed delivered in writing within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within days following his immediate supervisor's decision in the following manner and sequence. The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement then: Within five days following the decision under Step 1 the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within five days following the decision in the above immediately preceding step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Union President. (c) If no solution to Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the desig- nated union representatives who may be accompanied by the general representative of the Union, within five days of the submission of the grievance can at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be reached by delivered in writing within ten days following the above stepdate of such meeting. It is expressly understood, then however, that the Union President provisions of this Article may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall request an audience for not be thereby by-passed. Where the employee and him/herself grievance is a Hospital grievance it shall be filed with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)Grievance Committee. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94a) Should In the event of a complaint or grievance arising under the terms of this agreement, the Union ▇▇▇▇▇▇▇ shall take the matter up with a supervisor and every reasonable effort shall be made to reach a satisfactory solution. Provided, however, that this shall not bar the affected employee's right first to endeavor to adjust the matter with his supervisor, so long as the adjustment does not violate any differences, disputes or complaints arise as to the meaning or application of the provisions provision of this Agreement. On.written grievances, such differences shall be resolved in the following manner: (a) An employee manager, or relevant Company representative, will make every effort with the relevant ▇▇▇▇▇▇▇ or Union representative to hold a grievance shallhearing within five business days, but must hold a hearing within ten (10) calendar seven business days of the knowledge receipt of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee . This may be presentextended by mutual agreement between the Company and the Union. (b) If an impasse has been reached in the above stepno satisfactory solution can be reached, the grievance Business Agent of the Union shall take the matter up with the designated supervisor of the Company within five days after the occurrence of the event complained of. If the Business Agent and the Company designee cannot reach a satisfactory agreement, the matter shall be reduced to writing within five (5) calendar days of the informal meeting and delivered referred to the Human Resources Director after which he/she shall have five (5) calendar days District Manager in an attempt to render an answer in writing resolve the complaint before referring such complaint to the Union Presidentarbitration as provided herein. (c) If no solution Any complaint as to a layoff, suspension or dismissal must be made by the union ▇▇▇▇▇▇▇ to the grievance can Company in writing within seven days from the date thereof or it shall not be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)subject to arbitration. (d) If no Any grievance or disputes arising under the terms of this agreement can which cannot be reached in adjusted by the preceding step, representatives of the parties shall be submitted to arbitration within ten (10) 30 calendar days, either party may in writingunless the parties agree to an extension. In the event the parties cannot agree upon an arbitrator, they shall jointly request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with list of arbitrators from the American Arbitration Association in accordance with and shall select the then applicable rules and regulations arbitrator from that list by alternately striking names. The decision of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, arbitrator shall be borne by final and binding on all parties and the losing partyparties agree to comply with such decision. The It is clearly understood that the arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to add to, subtract from or alter or modify any of the terms of this Agreement. With respect to arbitrations involving The fee of the discipline or discharge of employees, the impartial arbitrator shall determine if be borne equally by the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesparties. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. circumstances as determined by the Hospital. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until has first given immediate supervisor the opportunity of adjusting complaint. The may have the assistance of a Union ▇▇▇▇▇▇▇ if so desires. Such complaint shall be discussed with immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within five (5) days, it shall then be taken up as a grievance within five (5) days following immediate supervisor's decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by to Manager. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The Manager will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing Human Resources of the Hospital or the designated Hospital representative. A meeting will then be held between Human Resources or the designated Hospital representativeand the designated Union representativeswho may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) 27.01 Should any differences, disputes or complaints differences arise as to the meaning interpretation or application of the provisions of this Agreement or should grievance occur within a department covered by this Agreement, this to include discharge or termination without cause, there shall be no strike, stoppage of work or suspension of work by the Union or employees or lockout by the Company on account of such differences shall be resolved in or grievance until the following mannerprocedure has been carried out: (a) An Grievances are to be submitted within twenty (20) working days of occurrence, such time may be extended by mutual agreement of the parties. The employee or employees, or the employer shall report the grievance to the shop ▇▇▇▇▇▇▇ or shop ▇▇▇▇▇▇▇, the latter shall take the matter up with a grievance shall, within ten (10) calendar days representative of management or report the knowledge of the occurrence of the incident which gave rise matter to the grievance, discuss it Union representative who shall then take the grievance up with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be presentmanagement. (b) If no settlement is then arrived at, either party may notify the other in writing by registered mail of the question or questions to be arbitrated and the name and address of its choice of an impasse has been reached in the above steparbitrator. After receiving such notice and a statement, the grievance shall be reduced to writing other party shall, within five (5) calendar days of the informal meeting and delivered agree to the Human Resources Director after which he/she proposed single arbitrator or suggest alternate arbitrator(s). If the two parties fail to agree on a single arbitrator within three (3) days, they shall have five (5) calendar days forthwith request the Labour Relations Board to render appoint an answer in writing to the Union Presidentarbitrator. (c) If The Arbitrator shall have the power in allowing a grievance to rectify the matter complained of, including the awarding of lost pay, if any, and reinstatement in employment. The decision of the Arbitrator shall be final and binding upon both parties. However in no solution event shall the arbitrator have the power to alter or amend the collective agreement in any respect. (d) The parties mutually agree to exclude the operation of Section 96. Sub-section 1 of the “Labour Code of B.C. Act” from this Agreement. (a) Notwithstanding anything contained in Sections 27.01 and 27.02 herein, a failure of the company to carry out its obligations including but not limited to making its required contributions under Article 5 - Dues Check-off; Article 14, - Educational Training and Retraining Fund and Plan; Article 23.01 and Appendix “B” G.C.I.U. Local 525-M Welfare Plan; Article 23.03 and Appendix “D” G.C.I.U. Local 525-M Dental Plan; Article 24 and Appendix “C”, G.C.I.U. Local 525-105B Pension Plan; Article 25, - G.C.I.U. Supplemental Retirement and Disability Fund; of this agreement may, as an alternative to Sections 27.01 and 27.02 be referred to arbitration by the Union, employers or trustees of any one or more of the said plans, using the procedures set out in this section. (b) There shall be no time limit within which a grievance must be filed or a matter referred to arbitration. Any breach by a Company of its obligations to a plan referred to in this Section under a prior collective agreement between the parties shall be deemed to be a breach of this collective agreement, and the procedures set out in this section may be used in grieving and arbitrating such breach. (c) The Union, employers and trustees, or their agents may submit a written notice of default to the Company with a demand for payment of contributions and compliance with any other provisions of the plan. Such notice shall be considered to be the filing of a grievance can under this Section. The Notice shall be reached deemed to have been received by the above step, then Company on the Union President shall request an audience for third day after the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)day on which it was mailed. (d) If no agreement can be reached in the preceding step, Company fails to make its required contributions or otherwise fails to comply with the plan within ten (10) calendar daysdays after the date of the notice the grievance procedures shall thereupon be exhausted and the grievance may be referred at any time thereafter by the Union, either party employers or trustees, or their agents, to final and binding arbitration. (i) The Union, employers or trustees shall give reasonable notice to the Company of their desire to arbitrate pursuant to this section and shall state the date, time and place fixed for such arbitration. (ii) The trustees of one or more of the said plans or such committee or subcommittee as the trustees may in writingappoint, request shall appoint an arbitrator or arbitrators to conduct the arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations Such arbitrator or arbitrators may include, but are not limited to, an employer trustee, union trustee, former trustee, former official, officer or employee of the AssociationUnion, or a Company which is a party to the trust agreement which is being arbitrated or otherwise bound thereto. An arbitrator(s) appointed pursuant to this Section may hear arbitrations relating to one or more plans and one or more companies concurrently or as the arbitrator may determine. (iii) The arbitrator(s) shall hear and decide all matters referred to them by the Union, employers or trustees. The expenses decision of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award arbitrator(s) shall be final and binding on the parties Union, employers, trustees and affected the Company. (iv) The arbitrator(s) shall have the full authority of an arbitrator appointed pursuant to the Labour Code of British Columbia. Without limiting the generality of the foregoing the arbitrator(s) shall have the authority to order the Company to perform its obligations pursuant to this Agreement and relevant trust agreement or agreements, and may, in addition to ordering the Company to make all contributions owing, order the Company to pay interest on overdue contributions at such rate as the trustees have determined; pay reasonable counsel fees incurred, or to be incurred by the trustees, in the collection of such delinquent amounts, including the counsel fees for the arbitration, pay other reasonable costs incurred in the collection of a delinquency, pay liquidated damages in the amount equal to twenty percent (20%) of the total of all amounts found to be delinquent as determined by the arbitrator(s) to be due and owing. The Company acknowledges and agrees that the liquidated damages will be used to defer administrative costs and acknowledges the cost to be actual and substantial though difficult to ascertain, however, the Company acknowledges that these are a minimum of twenty percent (20%) of amounts found to be delinquent and waives the necessity of any additional proof thereof. Without limiting the generality of the foregoing, the said sum is on account of damages resulting from: 1. Inconvenience and burden imposed on the trustees. 2. Loss of any benefits, monetary or otherwise accruing to any employees. 3. Loss of benefits and the use of any funds in connection with companies failure to comply with the terms and conditions of the relevant trust agreement and collective agreement. (ev) For the purposes of sub-section (iv), “reasonable counsel fee” shall mean all reasonable counsel fees in the amount for which the trustees become legally obligated, including the fee for recovery of liquidated damages, audit costs, filing fees, and any other expenses incurred by the trustees. (vi) Any arbitration order or award determined under this section may be filed by the Union, employers or trustees pursuant to Section 110 of the British Columbia Labour Code and may be enforced thereunder. The Grievance Procedure provided Union, employers or trustees may take any other action they deem advisable to enforce the obligations of a company as set out in this Agreement shall be supplementary or cumulative to, rather than exclusive of, section notwithstanding any procedures or remedies afforded to any employee by lawother provision of this agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his Department Manager the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his Department Manager, The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Union President. Chief Executive Officer of the Hospital. (c5) If no solution to days of the submission of the grievance can at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed delivered in writing within ten (10IO) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Part Time Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Chief Executive Officer or his designate. A meeting will then be held between the Chief Executive Officer, or his designate, and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, com- plaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged of the Agreement. The grievance shall the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence. Step 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in the above step, the grievance shall be reduced to writing within five (5) calendar days of following the informal meeting and delivered day on which the written grievance was presented to him. Failing settlement then: Step 2 Within five days following the Human Resources Director after which he/she decision under Step 1 the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall have five (5) calendar days submit the written grievance to render an answer his Department Head, who will deliver his decision in writing to within five days following the Union President. (c) If no solution to day on which the grievance can be reached by the above step, then the Union President shall request an audience for the employee and was presented to him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate omitted where the employee's immediate supervisor and justDepartment Head are the same person. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.Failing settlement then:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, com- plaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence. Step 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present.accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement then: (b) If an impasse has been reached Step 2 Within five days following the decision under Step 1 the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Step 3 Within five days following the decision in the above step, immedi- ately preceding the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Union President. (c) If no solution to Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the desig- nated union representatives who may be accompanied by the gen- eral representative of the Union, within five days of the submission of the grievance can at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed delivered in writing within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 15.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: Between the following manner: employee concerned, his Union representative and the Owner. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Owner shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date the object of resolving discussion took place. If the matter informally, if requested, a member of Union wishes to appeal to the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and the appeal shall be filed with the Owner within six (6) working days from the Owner's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Owner. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the owner/operator within one (1) week of the decision of the Company at STEP TWO. STEP THREE The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such Grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the informal meeting and delivered to grievance procedure, the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to Employer may re-instate the Union Presidentemployee with full back pay, suspend the employee for a definite period or sustain the discharge. (c) If no solution to the grievance can 15.04 Grievances concerning rates shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such grievances, if sustained, shall include the determination of the Association. The expenses effective date of the Arbitrator, excepting increase with retro-activity thereto. 15.05 The Employer and the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she Union may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesfile grievances commencing at STEP THREE. (ea) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The Grievance Procedure provided in this Agreement shall time limits as prescribed above may be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee modified by lawmutual agreement of the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his Immediate Supervisor. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The Immediate Supervisor will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Chief Executive Officer or his designate. A meeting will then be held between the Chief Executive Officer, or his designate, and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differencesSection 1 Except as otherwise provided herein, disputes all questions, disputes, or complaints arise grievances as to the meaning interpretation or application performance of the provisions terms of this Agreement, such differences Agreement shall be resolved subject to the grievance procedure set forth herein. Grievances may be filed for “suspensions pending investigation” with the understanding that such grievances will automatically be amended to address the level of disciplinary action taken as a result of the investigation. Section 2 It is the intention of the parties that a sincere effort shall be made in each case to discuss and settle grievances promptly. Section 3 The Tribe recognizes the right of the Union to investigate the circumstances surrounding any grievance and agrees to cooperate with the Union in any such investigation. For purposes of adjusting grievances and for arbitrations under this Article, the Union shall have access to documentation pertinent to the investigation of a grievance during Human Resources normal hours of operation. Requested documentation will be placed in a Human Resources file cabinet designated for Union use as soon as practicable. The Union agrees that these documents are confidential employee files and will remain on premises. The Union may have access to Gaming Facility supervisory personnel after reasonable notice to the Head of Human Resources or designee. The Union shall not have access to, or interviews with, any guests, customers or patrons. Pending final settlement of the grievance, the Tribe shall not thereafter deal directly with the Eligible Team Member concerning said grievance, without Union concurrence, but shall deal directly with the Union. Section 4 Where a grievance or arbitration concerns discipline imposed by the Tribe based in whole, or in part, on surveillance video or investigative material generated by the Viejas Tribal Gaming Commission, the Union shall be provided access to such surveillance video and/or investigative material upon request. For any other purposes under this Article, the Union may request access to surveillance video or investigative material from the Viejas Tribal Gaming Commission. The Viejas Tribal Gaming Commission, in its sole discretion, shall determine whether to grant such requested access according to its governing law and regulatory standards. If the Viejas Tribal Gaming Commission denies a Union request for access to surveillance video or investigative material, then such surveillance video or investigative material cannot be used by the Tribe in arbitration under this Article. Section 5 A grievance submitted by the Union shall be adjusted pursuant to the following mannerprocedure: Step I - A written grievance shall be presented to the Head of Human Resources within fifteen (a) An employee with a grievance shall, within ten (1015) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief incident/action or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. within fifteen (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (515) calendar days of from the informal meeting and delivered to the Human Resources Director after which he/she shall have five date of Step II - If a valid grievance is not resolved at Step I, within fifteen (515) calendar days to render an answer following the Step I meeting, the Union will notify the Head of Human Resources or designee in writing of its intent to the Union President. (c) If no solution to escalate the grievance can to Step II. If written notification of the Union’s desire to escalate the issue to a Step II grievance is not submitted within the fifteen-day period, the matter will be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitrationclosed to any further grievance process. The party requesting arbitration parties shall promptly thereafter file select a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules mutually agreeable and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The impartial arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.within forty

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-9432.01 A grievance is any difference arising between the University of New Brunswick and the Association or between the University of New Brunswick and any CAE(s) Should in the bargaining unit relating to the interpretation, application or administration of this Collective Agreement, including any differences, disputes or complaints arise question as to whether a matter is arbitrable, or any allegation that this Collective Agreement has been violated. 32.02 The Parties agree to make every reasonable effort to settle all grievances in a prompt, amicable, just and equitable manner. Whenever possible, informal methods such as, but not limited to, those set out in Article 32.10 and Article 11 shall be used. 32.03 The Parties agree that there shall be final and binding settlement by arbitration or by the meaning other means provided for in this Article, of all grievances arising during the course of this Collective Agreement. 32.04 The Parties agree not to practice any discrimination, harassment, or application coercion of any kind against any CAE who elects to use or not to use the procedures set out in this Article. 32.05 The Parties agree that there shall be no grievances or arbitration founded upon Articles 1 or 2, or upon actions taken by the Board of Governors upon the recommendations arising out of the recommendatory processes of Article 5 insofar as such actions are not in conflict with this Agreement. The Parties further agree that appointments made by the University of New Brunswick are not grievable unless the relevant provisions of this Agreement, such differences Collective Agreement have been violated. All grievances shall be resolved processed according to the terms and the procedures of the Collective Agreement under which they were filed. The Parties further agree that there shall be no grievances or arbitration founded upon the disposition of the market differential adjustments insofar as the disposition is not in conflict with this Collective Agreement. The Association shall have carriage of all formal grievances. 32.06 A representative of the Association shall be present at all stages of the formal grievance and arbitration procedures, and may represent the grievor during those procedures. In addition, the grievor may be accompanied by another CAE, who may represent the grievor, at all formal stages of the grievance procedures. A representative from People & Culture may accompany the ▇▇▇▇ or Vice-President at all stages of the formal grievance and arbitration procedures and may assist the ▇▇▇▇ or Vice-President during those procedures. In the context of this Article, the grievor and the Parties may not be accompanied by or represented by legal counsel during the informal stage, Stage 1, or Stage 2 of the grievance procedure. 32.07 All written communications required in this Article shall be delivered by either Canada Post Office certified mail or University campus delivery for which acknowledgement of receipt has been obtained. Such communications will be deemed to have been delivered on the fifth day following manner:posting, unless evidence exists to the contrary. Any attempt by a CAE to deliberately avoid receiving a written communication sent under the terms of this Article shall be deemed to constitute receipt of the communication. A copy of all communications required by this Article shall be sent to the Association by the University of New Brunswick authority who is sending such communications, and vice-versa. 32.08 Grievances are defined in Article 32.01 and shall be classified as follows (subject to Article 31.09): (a) An employee with Individual grievance shall mean a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise involving a CAE and particular to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present.that (b) If an impasse has been reached in the above step, the Group grievance shall mean a grievance involving a group of CAEs and common to all CAEs in that group, which shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentprocessed as a single grievance. (c) If no solution Policy grievance shall mean a grievance initiated by the Association which has general application to the grievance can be reached by bargaining unit as a whole, or to a clearly definable group within the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)bargaining unit. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to their immediate supervisor. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Director of Employee Labour Relations. A meeting will then be held between the Director of Employee Labour Relations and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08has a matter to Either the Company, the Union or any employee a grievance with out this-94Agreement or or alleged violation of this Agreement. Any employee believing that has been unjustly dealt with, or that the provisions of this Agreement have not been complied shall have the right to place such grievances in the hands of the Union for review and adjustment by the Company, if necessary. Such griev- ances shall be presented indicating the provision of the Agreement which has been allegedly violated, and shall be processed as follows: Step One: The grievance must be filed within fifteen working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed between the employee concerned, his Union and the store manager. The store give an oral within five working days from the date discussion took place. the Union wishes to appeal to the next Step, the grievance shall be reduced to writing. Notice of appeal shall be filed with the store manager within five working days from the store oral decision. Step Two: A shall be held within five working days of the of the notice of appeal and within this period of time the shall be dis- cussed between the employee the Union rep- resentative, store manager, the district manager and/ or their delegates. The decision of the Company at this Step shall be in writing and be within five working days of the date of Should the Union to appeal, such notice of appeal must be in writing to the Head Office of the Company within five working days of the decision of the Company at Step Two. Step Three: The grievance shall be forwarded to the Head Office of the Company, which shall have five working days to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. considered necessary by the parties, a meeting may by the parties may include the interested persons. a is held, the shall be given to the party within five working clays from the date of the meeting. In the a dismissal. a grievance may filed by an who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and shall com- mence at Step Two. In any subsequent disposal of this case during grievance procedure the Company may reinstate the with full back pay, suspend the employee for a or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above and disposi- tion of such grievances, if sustained, shall include determination of the effective date of the with retroactive thereto. The Company or the Union may file grievances commencing at Three. If an Arbitration Board finds that the or the Union has violated the Col- lective Agreement, it shall have the power to award compensation to the Company or an employee affected by the violation. a) Failing settlement under the foregoing such grievance may be submitted to Arbitration as hereinafter provided and if no request for Arbi- tration is received which is postmarked within thirty-one days after the decision under Step Three is given, it shall be deemed to have been abandoned. The time limits as prescribed above may be modified by mutual agreement of parties. Should any differencesthe grievance involve the misinterpretation or alleged violation of the Agreement, disputes or complaints arise either party may free to appeal to Arbitration from Step Three within ‘thirty-one days from the date the decision was given at that Step. The party requesting shall advise the other party in writing of its request with a statement as to the meaning issue to be arbitrated and shall include in its notice the name and address of its nominee to a Board of Arbitration. The other shall within one week of its receipt of the its member to the Board of Arbitration and so advise other party. If the two nominees are unable to agree upon the choice of a third member to act as Chairman, the Minister of Labour for the Province of Ontario shall be requested to appoint a Chairman. The Board shall hear their dispute and the decision of a majority is the decision of the Arbitration Board, but if there is no ma- jority, the decision of the Chairman governs and shall final and binding upon the parties. The Board of Arbitration shall not have any juris- diction to alter or application modify any of the provisions of this Agreement, such differences nor to substitute any new provisions in lieu thereof, nor to make any decisions inconsistent with the and provisions of this Agreement. Each of parties hereto will bear the The parties may mutually agree that a single Arbi- trator shall be resolved appointed in the following manner: (a) An employee with place of a grievance shall, within ten (10) calendar days Board of Arbitration. In the knowledge of event that the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, parties agree on a member of the Executive Committee may be present. (b) If an impasse has been reached in the above stepsingle Arbitrator, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator Arbitrator shall have the authority and jurisdiction to determine the propriety powers as a Board of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not Arbitration under this Agreement. The parties agree that an Arbitration Board have the power to alter award compensation for lost wages benefits to any party who, or modify employee who is dealt with contrary to the terms provisions of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 15.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: - Between the following manner: employee concerned, his Union representative and the Employer(s). The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Employer(s) shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date the object of resolving dis- cussion took place. If the matter informally, if requested, a member of Union wishes to appeal to the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and the appeal shall be filed with the Employer(s) within six (6) working days from the Employer’s oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Employer(s). The discus- sion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to ap- peal, such notice of appeal must be in writing to the Employ- er(s) within one (1) week of the decision of the Employer(s) at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The dis- position shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an em- ployee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at STEP TWO. In any subse- quent disposal of this case during the informal meeting and delivered to grievance procedure, the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to Employer may re-instate the Union Presidentemployee with full back pay, suspend the employee for a definite period or sustain the dis- charge. (c) If no solution to the grievance can 15.04 Grievances concerning rates shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such griev- ances, if sustained, shall include the determination of the Association. The expenses ef- fective date of the Arbitrator, excepting increase with retro-activity thereto. 15.05 The Employer and the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she Union may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesfile grievances commen- cing at STEP THREE. (ea) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The Grievance Procedure provided in this Agreement shall time limits as prescribed above may be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee modified by lawmutual agreement of the parties.

Appears in 1 contract

Sources: Franchise Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisorwithinfive (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his manager or designate. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The manager or designate will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Union President. (c) If no solution to Director, Human Resources. at Step unless extended by mutual agreement of the grievance can parties. The decision of the Hospital shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed delivered in writing within ten (10) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes a. In the event that the IATSE or complaints arise as to an employee covered by this Agreement contends that the meaning Employer has violated a provision of this Agreement or application of the provisions Employer contends that the IATSE or an employee has violated a provision of this Agreement, such differences the following procedures shall be resolved in the following mannerapplicable: 1. Within twenty (a20) An employee with business days of the time a party alleging a grievance knew (or reasonably should have known) of the event(s) giving rise to the grievance, such party must give written notice of such event(s) to the other party, but in no case more than three (3) months after the event(s) which gave rise to the alleged grievance occurred. To the extent grievances related to the timely and proper payments under the health and welfare plan may be grieved, this provision shall have no application assuming such grievances are not barred or preempted by the governing plan or federal law. The failure to submit a complaint within the time periods specified shall constitute a bar to further action thereon. The written grievance shall include the specific sections of the Agreement which are alleged to have been violated, the date(s) or approximate date(s) of the alleged violation(s), the facts on which the grievance is based, the name of the individuals aggrieved (if applicable), and the remedy sought. 2. A representative of the IATSE and a designated representative of the Employer shall, within ten (10) calendar business days after service of written notice of the knowledge of the occurrence of the incident which gave rise to the grievanceclaim, meet and discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, and attempt to effect a member settlement of the Executive Committee may be present. (b) If an impasse has been said controversy or dispute. Any agreement reached in the above step, the grievance at this meeting shall be reduced to writing and shall be final and binding upon all parties. 3. In the event that such controversy or dispute is not settled by the Employer and the IATSE within five twenty (520) calendar working days after the written notice given pursuant to paragraph (1) above, or within ten business days after the meeting referred to in paragraph (2) above, then such controversy or dispute resolution may be submitted to arbitration. The demand for arbitration must be made in writing, no later than forty (40) business days after written notice referred to in paragraph (1) above. Each party shall bear half the cost of the arbitrator’s fees and expenses. 4. The parties will attempt to establish a mutually agreeable panel of permanent arbitrator(s) for the duration of this Agreement. If the parties are unable to agree upon such arbitrator(s), the arbitrator shall be selected from a lot obtained from the Federal Mediation and Conciliation Service FMCS) or American Arbitration Association (AAA), by alternate striking of names, with the Union going first. i. If the dispute requires a tripartite (three involved parties) or multi-party (more than three involved parties) arbitration (collectively “Multiple Party Arbitration”), as more fully discussed in subsection (f) of this Article, below, the labor rules of the applicable mediation or arbitration service shall govern, except that the arbitration shall be held within sixty (60) days of the informal meeting and delivered request to the Human Resources Director after which he/she arbitrate. b. The Arbitrator shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter modify, add to, or modify subtract from the terms of this Agreement. With respect to arbitrations involving , but shall only determine whether the discipline or discharge of employeesAgreement has been violated in the manner alleged in the grievance, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other mattersand, if he/she shall so determineso, to order what the payment remedy should be within the meaning of back wages and compensation the Agreement. c. The Arbitrator may use past practices or understandings in interpreting, applying, or expressing terms of an employeethis Agreement, which only insofar as such interpretation or application is not in conflict with any express terms, herein. d. The decision of the employee would otherwise have receivedArbitrator, and/or enter such other and/or future awards as may be appropriate and just. His/her award within the limits indicated above, shall be final and binding on upon the parties grievant and affected employeesall parties. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Broadcast Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94a) Should any differences, disputes or complaints The Employer and the Union recognize that grievances may arise as to in each of the meaning following circumstances: By the interpretation or application of the provisions a provision of this Collective Agreement or any Employer Personnel Directive which is intended to clarify the interpretation or application of this Collective Agreement; Disciplinary action resulting in demotion, such differences suspension, or a financial penalty; Dismissal or discharge; Letters of discipline placed on a Personnel file; The procedure for the final resolutions of grievances is arbitration. The parties to this Agreement share the desire to settle all expeditiously and equitably as they arise. An employee shall be resolved in free at all times, with or without the following mannerassistance of a Union representative, to discuss and settle with the employee's supervisor, any complaint that the employee has. An employee may be assisted and represented by the Union when presenting a grievance at any level. An employee who wishes to present a grievance shall provide the grievance to the Employee's Department Head, any other Department Head or the Town Manager, who shall: (a) An forward the grievance to the appropriate Employer representative; and provide the employee with a receipt stating the date on which the grievance shall, was received by the Employer. Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following steps: (a) First Level (Department Head) Second Level (Town Third Level (Arbitration) The Employer shall post a notice indicating the names of all Department Heads. These notices shall be posted in places where they are most likely to come to the attention of the employees in the Bargaining Unit. The Union shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. An employee may present a grievance to the First Level of the procedure the manner prescribed in Article not later than the fifteenth (15th) calendar day after the date on which the employee is notified orally or in writing or on which the employee became aware of the circumstances giving rise to the grievance. The Employer shall reply in writing to an employee's grievance within ten (10) calendar days of at the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting First Level and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b).at the Second Level. An employee may present a grievance at each succeeding level in the grievance process beyond the First Level: (da) If no agreement can be reached in where the preceding stepdecision or settlement is not satisfactory to the employee, within ten (10) calendar daysdays after the decision or settlement has been conveyed in writing to the employee by the Employer; or where the Employer has not conveyed a decision to the employee within the time prescribed in Article (10) days after the day the reply was due. Where an employee has been represented by the Union in the presentation of the employee's grievance, either party may the Employer shall provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee. No employee shall be dismissed without first being given notice in writing, request arbitrationwriting together with the reasons for the dismissal. When the Employer dismisses an employee the grievance procedure shall apply except that the grievance shall be presented at the Second Level. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator Union shall have the authority right to initiate and jurisdiction present a grievance on matters relating to determine health and safety and on matters relating to the propriety application or interpretation of the interpretation and/or application Agreement on behalf of one or more members of the Collective Bargaining Agreement respecting Union to either level of the grievance procedure within the time limits specified in questions, but he/she this Article. An employee shall not have the power right to alter present a on matters relating to the application or modify interpretation of this Agreement provided the terms employee first obtains the authorization of the Union prior to presenting such grievance. An employee may, by written notice, withdraw a grievance provided that, where the grievance is one arising out of the application or interpretation of this Agreement, and the employee's withdrawal has the endorsement of the Union. With respect to arbitrations involving The time limits stipulated in this procedure may be extended by mutual agreement in writing between the discipline or discharge of employeesEmployer and the employee, and where appropriate, the arbitrator Union representative. Grievances which are not brought forward or advanced within the time limits set out in this procedure shall determine if be deemed abandoned. No proceedings under this Article are invalid by reason of any defect of form or any technical irregularity. Where an employee is required to attend a meeting with the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it Employer where disciplinary action is to be inappropriate and/or unduly severeimposed, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise shall be advised at least twelve (12) hours in advance of the meeting of the employee's right to have receiveda union representative attend the meeting. Where a grievance has been presented at the Second level in the grievance procedure and the grievance has not been resolved, and/or enter such other and/or future awards as the grievance may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesreferred to arbitration within (30) days. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as Where there is a grievance by an employee the same shall be made in writing to the meaning or application of the provisions of this Agreement, such differences shall be resolved in the following manner: Shop ▇▇▇▇▇▇▇ within three (a3) An employee with a grievance shall, within ten (10) calendar working days of the knowledge occurrence. The Shop ▇▇▇▇▇▇▇ shall take the grievance up with the immediate superior of the occurrence aggrieved employee. An answer shall be given not later than one (1) working day following presentation of the incident which gave rise to grievance by the grievanceShop ▇▇▇▇▇▇▇. If the decision has not been given within the prescribed time or if the decision is not acceptable, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, then the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Employer's representative on the job within one further working day. The Employer's representative on the job shall render his decision not later than two (2) working days of being presented with the grievance. The Local Union President. (c) If no solution shall be entitled to submit a grievance in writing directly to the Employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance can be reached by the above step, then the Union President shall request an audience for the employee and to him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting Employer or its representative shall be entitled to submit a grievance in writing directly to the Union. The Union shall render their decision not later than two (2) working days following the presentation of the grievance to them. Failing settlement any grievance shall be subject to arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules following clauses. The grievance shall be referred to the Joint Conference Board which will be required to hear the grievance and regulations give an answer within four (4) working days of receiving the grievance. Should the grieving party not be satisfied with the results, the procedure will be as follows. The Union and the Employer agree upon an arbitrator who is willing to arbitrate the grievance, Failure of the Association. The expenses Union and the Employer to agree upon an Arbitrator within three (3) working days, the matter will be referred to the Department of Training and Employment Development for the appointment of the Arbitrator. The Arbitrator shall hold a hearing within four (4) days after the grievance is submitted to him and shall render his decision to the parties within (72) hours after the completion of the hearing, excepting provided that a failure to make an award within the time prescribed or as extended by the parties' own expenses, shall be borne by not invalidate the losing party. The arbitrator shall have proceedings or terminate the authority and jurisdiction to determine the propriety of the interpretation and/or arbitrator. It is understood and agreed in the application of this article that there is no power in the Collective Bargaining Agreement respecting the grievance in questionsparticipants to a settlement, but he/she shall not have the power to alter add to, subtract from, or modify the terms of this Agreementagreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation The sole function of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award Arbitrator shall be final to interpret the meaning of the articles of this agreement and to render a decision which shall be binding on the parties and affected employees. (e) parties. The Grievance Procedure provided in Arbitrator shall have no power to add to, subtract from or modify the terms of this Agreement agreement. The cost of the Arbitrator shall be supplementary equally by both parties (Employer Union). The times fixed by this article are mandatory but may be extended by mutual agreement in writing. If a grievance or cumulative toarbitration is not processed within the time allowed, rather than exclusive of, any procedures the grievance or remedies afforded arbitration shall be deemed to any employee by lawhave been abandoned.

Appears in 1 contract

Sources: Combined Commercial Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differencesThis Step may be omitted where the employee's immediate Supervisor and Department Head are the same person. Failing settlement, disputes or complaints arise as then: Step 3 Within five days following the decision in the immediately preceding the grievance shall be submitted, in writing, to the meaning Chief Executive Officer of the Hospital or the designated Hospital Representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital Representative and the designated Union Representatives who may be accompanied by the general Representative of the Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered, in writing, within ten days following the date of such meeting. Policy Grievance A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee. Group Grievance Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, to the Department Head, or his designate, within ten days after the circumstances giving rise to the grievance have occurred. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance, Discharge Grievance If an employee, who has completed his probationary period, claims that he has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a Union ▇▇▇▇▇▇▇, or by the Union ▇▇▇▇▇▇▇ at Step 3 of the grievance procedure to the Hospital within five days following the date the discharge is effective. Such grievance may be settled under the Grievance and Arbitration Procedure by: GRIEVANCE ARBITRATION: confirming the Hospital's action in discharging the employee, or reinstating the employee with up to full seniority for time lost and up to full compensation for time lost, or any other arrangement which may be deemed just and equitable. Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten days after the decision under Step 3 is given, the grievance shall be deemed to have been abandoned, All agreements reached, under the Grievance Procedure, between the Representatives of the Hospital and the Representatives of the Union will be final and binding upon the Hospital, the Union and the employee(s), When either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the Arbitration Procedure, The two nominees shall attempt to agree upon a Chairman of the Arbitration Board. If they are unsuccessful in agreeing upon such a Chairman within a period of ten days of the appointment of the second nominee, they shall then request the Minister of Labour for the Province of Ontario to appoint a Chairman. No person may be appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shallnor to alter, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise modify, add to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms amend any part of this Agreement. With respect No matter may be submitted to arbitrations involving arbitration which has not been properly carried through all requisite steps of the discipline or discharge Grievance Procedure. The proceedings of employeesthe Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the arbitrator shall determine if decision of the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severeChairman, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall will be final and binding on upon the parties hereto and affected employees. (e) The Grievance Procedure provided the employee or employees concerned, Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the Chairman of the Arbitration Board. Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by lawArticle.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) 1. Should any differences, disputes differences arise between the Employer and the Union concerning the inter­ pretation of or complaints arise as adherence to the meaning or application of the provisions any provision of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing is not settled between them within five (5) calendar days working days, then a committee of four (4) shall be appointed, the informal meeting first two (2) by the Union and delivered to the Human Resources Director after which he/she shall have second two (2) by the Employer. If the committee of four (4) cannot reach a settlement within five (5) calendar working days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President and the Employer shall request be free from any and all obligations under the Grievance and Arbitration provision. Should the committee find that the Employer has unjustly laid off or dis­ charged an audience Employee, said Employee shall be reinstated to his former position and paid for the employee and him/herself with the Human Resources Directorall lost time. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations All findings of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award committee shall be final and binding on no strike or lockout shall occur pending a final determination of the parties committee except as is hereinafter provided. Nothing herein shall authorize the committee to alter the terms and affected employeesconditions of this or make a new Agreement. When the Employer has questioned the arbitrability of a grievance under this Article, the Union shall have the right to strike in support of such grievance. 2. Should the Union have conclusive evidence that the Employer is wilfully undercutting the wage scale or employing Employees in violation of the Union Security Clause of this Agreement or does not maintain a time clock or adequate time records or will not allow the auditor designated under this Agreement to inspect the Employer’s books and records then the Grievance and Arbitration provisions shall have no application to such facts and circumstances and the Union shall be permitted all legal and economic recourse in support of its demands notwithstanding anything to the contrary contained in this Agreement, provided that the Union shall give the Employer two (e2) working days within which to comply with the Union’s demand or present satisfactory proof of compliance with this Agreement. 3. The Grievance Procedure provided legal recourse reserved to the Union in this Agreement shall be supplementary cumulative with and not exclusive of any other remedy—economic or cumulative tolegal—available to it. The Union may (in addition to pursuing other remedies) sue the Employer in the Union’s own behalf or in be­ half of any aggrieved Employee for specific performance of this Agreement, rather than exclusive ofinspection of books or records, as provided in this Agreement, injunctive relief, recovery of dues, wages, vacations, or other benefits, or any procedures or remedies afforded other legal redress, and the Employer hereby expressly waives the right to any employee by lawobject to the Union being party plaintiff in such an action.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08Full-94) Should any differences, disputes or complaints arise as to time and Part-time For the meaning or application of the provisions purposes of this Agreement, a grievance or complaint defined as a difference arising either between a member of bargaining unit and the Centre or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such differences suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be resolved adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his decision in the following manner: (a) An manner and sequence: The employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to shall submit the grievance, discuss it with the Fire Chief or his/her designated representativein writing, with the object of resolving the matter informallyand signed by him, if requested, a member of the Executive Committee to The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Centre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then; Within five (5) days following the decision in the above immediately proceeding step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Union President. (c) If no solution to Director of Human Resources and Organizational Development or designate. A meeting will then be held between the Director of Human Resources and Organizational Development or designate and the designated union representatives who may be accompanied by the general representative of the Union, within five days of the submission of the grievance can at Step unless extended by mutual agreement of the parties. The decision of the Centre shall be reached by delivered in writing within ten days following the above step, then date of such meeting. A complaint or grievance arising directly between the Centre and the Union President shall request an audience for concerning the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding stepinterpretation, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations application or alleged violation of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative tooriginated at Step within ten days following the circumstances giving rise to the grievance. It is expressly understood, rather than exclusive ofhowever, any procedures or remedies afforded that the provisions of this Article may not be used with respect to any a grievance directly affecting an employee by lawwhich he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Centre grievance it shall be filed with the Grievance Committee.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 21.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 21.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: Between the following manner: employee concerned, his Union representative and the Owner. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Owner shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date the object of resolving discussion took place. If the matter informally, if requested, a member of Union wishes to appeal to the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and the appeal shall be filed with the Owner within six (6) working days from the Owner's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Owner. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the owner/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 21.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such Grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the informal meeting and delivered to grievance procedure, the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to Employer may re-instate the Union Presidentemployee with full back pay, suspend the employee for a definite period or sustain the discharge. (c) If no solution to the grievance can 21.04 Grievances concerning rates shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such grievances, if sustained, shall include the determination of the Association. The expenses effective date of the Arbitratorincrease with retro-activity thereto. 21.05 The Employer and the Union may file grievances commencing at STEP THREE. 21.06 (a) Failing settlement under the foregoing procedure, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the such grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative tosubmitted to Arbitration, rather than exclusive of, any procedures or remedies afforded to any employee by law.as hereinafter provided;

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 13.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 13.02 Any employee believing that they have been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: Between the following manner: employee concerned, their Union representative and the Manager and/or Employer. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date discussion took place. If the object of resolving Union wishes to appeal to the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Manager within six (6) working days from the Manager's oral decision. Between the employee concerned, the Union representative, the Manager, and/or the Employer. Fortinos Supermarkets or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer or the Union. Fortinos Supermarkets or its representative shall advise the Employer with respect to any matter in issue and the Employer shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. 13.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the informal meeting and delivered to grievance procedure, the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to Employer may re-instate the Union Presidentemployee with full back pay, suspend the employee for a definite period or sustain the discharge. (c) If no solution to the grievance can 13.04 Grievances concerning rates shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such grievances, if sustained, shall include the determination of the Association. The expenses effective date of the Arbitrator, excepting increase with retroactivity thereto. 13.05 The Employer and the parties' own expenses, shall be borne by Union may file grievances commencing at STEP TWO. If an Arbitration Board finds that the losing party. The arbitrator shall have Employer or the authority and jurisdiction to determine the propriety of the interpretation and/or application of Union has violated the Collective Bargaining Agreement respecting the grievance in questionsAgreement, but he/she it shall not have the power to alter or modify award compensation to the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesEmployer, the arbitrator shall determine if Union or any employee affected by the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesviolation. (e) The Grievance Procedure provided in 13.06 Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be supplementary the sole and exclusive liability of such Employer and other Employers shall not be jointly or cumulative toseverally liable for such violations. (a) Failing settlement under the foregoing procedure, rather than exclusive ofsuch grievance may be submitted to Arbitration, any procedures or remedies afforded to any employee as hereinafter provided; (b) The time limits as prescribed above may be modified by lawmutual agreement of the parties.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and or between the parties hereto relatingto the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. Inthe case of suspension or discharge, the shall notify the employee of his right in advance. Where the deems it necessary to suspend or discharge an employee, the shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be present. discussed with his immediatesupervisorwithin five (b5)days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) If an impasse has been reached days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the above following manner and sequence: Step I The employee shall submit the grievance, in writing, and signed by him, to (designated by The employee accompanied by a Union ▇▇▇▇▇▇▇. The (designated by will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be reduced submitted in writing to writing the (designated by A meetingwill then be held between the (designated by and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (100) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. such complaint shall be discussed with his immediate supervisor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate decision in the following manner and sequence. Step 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in the above step, the grievance shall be reduced to writing within five (5) calendar days of following the informal meeting and delivered day on which the written grievance was presented to him. Failing settlement then: 2Step Within five days following the Human Resources Director after which he/she decision under Step 1 the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall have five (5) calendar days submit the written grievance to render an answer his Department Head, who will deliver his decision in writing to within five days following the Union President. (c) If no solution to day on which the grievance can be reached by the above step, then the Union President shall request an audience for the employee and was presented to him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate omitted where the employee's immediate supervisor and justDepartment Head are the same person. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.Failing settlement then:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given immediate supervisor the opportunity of adjusting complaint. All complaints, in order to be considered a grievance, must be filed at Step within five (5) days after the circumstance giving rise to the complaint have occurred. Step I The employee shall submit the grievance, in writing, and signed by to the supervisor or designate. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The supervisor or designate will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the supervisor or designate. A meeting will then be held between the Human Resources or designate and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (100) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differencesFor the of this Agreement, disputes a grievance or complaints arise com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the meaning interpretation, application, administration or application alleged violation of the Agreement. The shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. Any dispute which arise concerning an employee's entitlement to long-term disability benefits, and which is not covered by the appeal mechanism provided for under the policy of insurance, may be the subject of grievance and arbitration under the provisions of this Agreementagreement. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right,, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his/her right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the notify the Union of such differences suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be resolved adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such. complaint shall be discussed with his immediate visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached manner and sequence. step his decision in the above step, the grievance shall be reduced to writing within five (5) calendar days of following the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, day on which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and justwritten grievance was presented him. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.Failing settlement then:

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08A. It is mutually agreed that all grievances, disputes, or complaints, arising under and during the terms of this Agreement shall be settled in accordance with the procedure herein provided and there shall at no time be any strikes, tie-94) ups of equipment, slowdowns, walkouts, or any other cessation of work through the use of any method of lockout or legal proceedings. B. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the employer and the Association. C. Should any differencesgrievance, disputes dispute, or complaints complaint arise as to over the meaning interpretation or application of the provisions contents of this Agreement, such differences there shall be resolved in an ▇▇▇▇▇▇▇ effort on the part of the parties to settle such promptly through the following mannersteps: (a1) An The Grievance Chair and/or aggrieved employee with a grievance shall, within ten (10) calendar working days of the knowledge occurrence or point of information, present the occurrence of the incident which gave rise grievance orally to the grievanceDirector of Facilities. The Director of Facilities shall attempt to adjust the matter. STEP TWO (2) If the grievance has not been settled at Step One (1), discuss it with shall be presented in writing by the Fire Chief or his/her designated representative, with Grievance Chair and/or aggrieved employee to the object Director of resolving Facilities in the same time frame as Step One (1). The Director of Facilities shall attempt to adjust the matter informally, if requested, a member of and their written response to the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance Grievance chair and aggrieved employee shall be reduced to writing made within five (5) calendar working days of after receiving notification that a grievance exists. STEP THREE (3) If the informal meeting and delivered grievance has not been settled at Step Two (2), it shall be presented in writing by the Grievance Chair and/or aggrieved employee to the Executive Director of Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed Labor Relations within ten (10) calendar working days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitrationresponse of the Director of Facilities. The party requesting arbitration Executive Director of Human Resources and Labor Relations shall promptly thereafter file respond in writing to the Grievance Chair and aggrieved employee (with a demand for arbitration with copy to the American Arbitration local Association in accordance with president) within fifteen (15) working days after receiving the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesgrievance. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Master Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differencesAny controversy arising over the interpretation of, disputes or complaints arise as to the meaning or application of adherence to, the terms and provisions of this Agreement, such differences Agreement which cannot be settled between the parties involved shall be resolved settled by the Union and the Employer, except that the Employer shall not be required to consider any grievance not submitted to it in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar working days of the informal meeting and delivered to time of its original occurrence. If the Human Resources Director after which he/she shall have controversy cannot be so settled within an additional five (5) calendar days days, it shall be referred to render a Joint Trade Board or a Board of Arbitration. Where a party alleges a violation of Articles 2, 5, 6, 21, 22, 23, 27, and 38 the dispute shall be initially heard by a Joint Trade Board. Where a party does not allege a violation of the above-listed Articles, the dispute shall be heard by a Board of Arbitrators. The Union and the Association shall establish and maintain a Joint Trade Board Composed of four (4) members, two (2) appointed by the Union and two (2) appointed by the Employer Association. Four (4) members, two (2) appointed by each party, shall constitute a quorum. Decisions shall be made by majority vote, provided the Union appointees and Employer appointees have equal voting strength with respect to such vote. Members of the Joint Trade Board shall choose a chairman and secretary to serve such terms as may be agreed upon by the Board, provided that one such officer is a Union appointee and one an answer in writing Employer appointee. Where the dispute has been properly referred to the Union President. (c) If no solution Joint Trade Board, the Board shall be empowered to hear and decide the grievance; to award or assess remedies, damages and penalties for violation of this agreement; to issue interpretive rulings or other rules and regulations as it deems necessary to give force and effect to the grievance can purpose and intent of this Agreement and to investigate all grievances and disputes properly submitted to it, including the conduct of audits of employer records. No union representative shall sit as a board member in any case involving himself or herself or his or her employer, directly or indirectly; and no employer representative shall sit as a board member in any case involving himself or herself or any of his or her employees, directly or indirectly. In administering and conducting dispute resolution activities and when issuing decisions, award, or orders in relation to grievances or disputes submitted to it, the Joint Trade Board and members of the Joint Trade Board shall function as arbitrators and not as the representative of any entity that is party to such dispute. Accordingly, it is agreed that the Joint Trade Board and its members shall enjoy all the rights, privileges and immunities afforded to Arbitrators under applicable law and the decision of the Joint Trade Board shall be reached entitled to the same status, weight and deference as may apply to a decision of an Arbitrator under law. The Board shall maintain full and complete records and minutes of its proceedings, which records and minutes may be inspected at reasonable times by the above stepparties to this Agreement. The Joint Trade Board, then as such, shall not accept or receive any payments or contributions from employers. Each party to this Agreement shall reimburse its representatives on the Union President Board for actual expenses. Expenses and fees of arbitration shall request an audience for be shared equally by the employee parties. Decisions, awards or orders of the Joint Trade Board shall be final and him/herself with binding, unless the Human Resources DirectorJoint Trade Board deadlocks or else fails to decide any grievance or dispute. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar daysIn such case, either party may in writing, request arbitrationproceed to arbitration as set forth below. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations use of the Association. The expenses Joint Trade Board shall sunset six months prior to the expiration of the Arbitratorthis Agreement (December 1, excepting the parties' own expenses2015) and any grievance filed after that date shall, shall if not resolved, be borne heard by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety Board of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesArbitration. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08A. Any and all disputes, controversies, claims, grievances or allegations of contractual violations arising under this Collective Bargaining Agreement and every contract or agreement between MANAGEMENT and every AGMA-94) Should any differencesrepresented employee, disputes or complaints arise as and/or with regard to the meaning or application interpretation and enforcement thereof (hereinafter ‘grievances’), and all questions of the provisions of this Agreementarbitrability, such differences shall be exclusively resolved in pursuant to the following manner:Grievance and Arbitration Provision, which shall also be deemed to be incorporated by reference into every contract or agreement between MANAGEMENT and every AGMA-represented employee. B. Any such grievance shall be communicated by AGMA to MANAGEMENT or by MANAGEMENT to AGMA within thirty days of its occurrence or the discovery of its occurrence (awhichever is later) An employee with a by AGMA or by MANAGEMENT. Such communication shall be in writing and directed to MANAGEMENT’s General Director or AGMA’s Executive Director, or their designees. Thereafter, MANAGEMENT’s General Director or their designees and AGMA’s Staff Representative shall discuss the grievance shallinformally to try to resolve it to their mutual satisfaction. If, within ten (10) calendar 30 days following the communication of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, such informal discussions have not resulted in a member settlement of the Executive Committee may be presentgrievance, then by the 37th day following the communication of the grievance, MANAGEMENT’s General Director and AGMA’s Staff Representative shall meet, along with another representative of MANAGEMENT and another representative of AGMA, to discuss the grievance in a formal grievance meeting, to try to resolve the grievance. (b) C. If an impasse has been reached in that meeting fails to occur by the above step, the grievance shall be reduced to writing within five (5) calendar days 37th day or if no resolution of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above stepat that meeting, then either party can refer the Union President grievance to final and binding arbitration. D. For purposes of this provision, days shall request an audience for the employee and him/herself mean calendar days. E. Any such arbitration shall be conducted in accordance with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with most current Rules of Voluntary Labor Arbitration of the American Arbitration Association in accordance with the then applicable rules and regulations of the Association(“AAA”). The expenses of Parties will mutually agree whether the Arbitrator, excepting the parties' own expenses, arbitration shall be borne by the losing partyheld in person or virtually. The arbitrator shall have the authority Arbitrator’s Decision and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award Award shall be final and binding on the parties binding. The Arbitrator’s fees and affected employees. (e) The Grievance Procedure provided in this Agreement any AAA fees shall be supplementary borne equally by MANAGEMENT and AGMA. The Arbitrator shall not be empowered to change any provision of the collective bargaining agreement or cumulative toany provision of any contract or agreement between MANAGEMENT and an AGMA-represented employee but shall determine whether a violation or breach of such agreement(s) has occurred and, rather than exclusive ofif so, what if any procedures or remedies afforded to any employee by lawremedy shall be ordered.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences9:01 A disciplinary measure for other than just and reasonable cause or a dispute arising out of the interpretation, disputes application or complaints arise alleged violation of this agreement, including a dispute as to whether a matter is arbitrable and including the meaning quantum of discipline shall be adjusted in accordance with the following procedures. STEP 1: An employee, assisted by his ▇▇▇▇▇▇▇ if he so desires, shall present a grievance to management or application its designate within two (2) days after the circumstances giving rise to the grievance have occurred or originated or within two (2) days of the employee becoming aware of such circumstances. STEP 2: Should the decision rendered at Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his ▇▇▇▇▇▇▇, shall submit the grievance within a further two (2) days to Management or its designate. Such complaint shall be made in writing, stating the alleged violation, referencing the Article or Articles of this Agreement alleged to have been violated, and the remedy sought. Management and the employee, assisted by the ▇▇▇▇▇▇▇, shall meet within two (2) days to discuss the matter. Management shall render a decision in writing within one (1) day. If such meeting is not held the matter shall be referred to arbitration. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Employer, the ▇▇▇▇▇▇▇ and/or Union representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held the matter shall be referred to the next step, arbitration. 9:02 The Employer may file a grievance in writing with the Union. The Union may file a grievance with the Employer. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee’s grievance. 9:03 The Parties will retain the services of arbitrators who will be available to hear any matters scheduled for arbitration. Should an arbitrator be unavailable, that arbitration shall be passed over to the next arbitrator in rotation. The list of arbitrators is: 1. ▇▇▇▇▇ ▇▇▇▇▇▇ 2. ▇▇▇▇ ▇▇▇▇▇ 3. ▇▇▇▇ ▇▇▇▇▇▇ 4. ▇▇▇▇▇ ▇▇▇▇▇▇▇ 9:04 Arbitration hearings shall be conducted at a mutually acceptable location. Unless the parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours. Arbitrator’s ruling shall be binding upon all parties. 9:05 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 9:06 The time limits specified in this procedure are mandatory unless there is mutual agreement to extend the time limits. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Saturdays, such differences Sundays and statutory holidays as listed in 20:02 shall be resolved in excluded from any time limits. 9:07 Due to the following manner: (a) An employee with a grievance shall, within ten (10) calendar days isolated nature of the knowledge site, the Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 9:08 Each of the occurrence Parties shall pay an equal share of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting fees and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesarbitrator. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Maintenance Agreement

GRIEVANCE AND ARBITRATION. 11.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his supervisor an opportunity to adjust the complaint. If an employee has a complaint, he shall discuss it with his supervisor within three (Amended 08-943) Should working days after the circumstances giving rise to the complaint have occurred or have or ought to have reasonably come to the attention of the employee: failing settlement within one (1) working day thereafter, it shall then be taken up 11.02 All decisions arrived at between the Company and the Association shall be final and binding upon the Company, and the Association and the employee or employees concerned. 11.03 Failing settlement under the foregoing procedure or any differencesgrievance between the parties arising from the interpretation, disputes application, administration or complaints arise alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within one (1) month after the meaning or application decision under Step No. 3 is given, the grievance shall be deemed to have been settled. 11.04 Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. (a) It is agreed that a grievance arising directly between the Company and the Association shall be originated under Step No. 2 and the time limits set out with respect to that step shall appropriately apply. It is understood, however, that the provisions of this Agreement, such differences shall Section may not be resolved in the following manner: (a) An employee used with respect to a grievance shall, within ten (10) calendar days of directly affecting an employee or employees and that the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may regular grievance procedure shall not be presentthereby by-passed. (b) If Where a number of employees have the same grievance and each employee would be entitled to grieve separately, they may present a group grievance in writing signed by each employee at Step No. 1 of the grievance procedure within three (3) days following the occurrence or origination of the circumstances giving rise to the grievance. The grievance shall then be treated as having been initiated at Step No. 1 of the grievance procedure and the applicable provisions of this agreement shall then apply. 11.06 No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the date the grievance was formally discussed or presented to the Company under the Grievance Procedure except in matters of clerical errors affecting an impasse has been reached in employee's pay. 11.07 It is agreed that if there is a period of twelve (12) months since the above steplast disciplinary notice, the grievance previous disciplinary notice shall be reduced to writing within five (5) calendar days of removed from the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentemployee's Personnel file. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: STEP ONE Between the following manner: employee concerned, his Union representative and the Department Manager and/or Owner. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Department Manager shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date discussion took place. If the object of resolving Union wishes to appeal to the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been allegedly violated. Notice of appeal shall be filed with the Department Manager within six (6) working days from the Department Manager's oral decision. STEP TWO Between the employee concerned, the Union representative, the Department Manager, and/or the Owner. Fortino's Supermarkets or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer or the Union. Fortino's Supermarkets or its representative shall advise the Employer with respect to any matter in issue and the Employer shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer. The discussion at this Step shall be held within seven (7) working days of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar working days from the date of the informal meeting dismissal and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to commence at STEP TWO. In any subsequent disposal of this case during the grievance can be reached by procedure, the above step, then the Union President shall request an audience for Employer may re-instate the employee and him/herself with full back pay, suspend the Human Resources Directoremployee for a definite period or sustain the discharge. This step must Grievances concerning rates shall be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association handled in accordance with the then applicable rules above procedure and regulations the disposition of such grievances, if sustained, shall include the determination of the Associationeffective date of the increase with retroactivity thereto. The expenses of Employer and the Arbitrator, excepting Union may file grievances commencing at STEP TWO. If an Arbitration Board finds that the parties' own expenses, shall be borne by Employer or the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of Union has violated the Collective Bargaining Agreement respecting the grievance in questionsAgreement, but he/she it shall not have the power to alter or modify award compensation to the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesEmployer, the arbitrator shall determine if Union or any employee affected by the discharge violation. Any liability, financial or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severeotherwise, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation any individual Employer arising out of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in a violation of this Agreement shall be supplementary the sole and exclusive liability of such Employer and other Employers shall not be jointly or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by lawseverally liable for such violations.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) 1. Should any differences, disputes differences arise between the Employer and the Union concerning the inter­ pretation of or complaints arise as adherence to the meaning or application of the provisions any provision of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing is not settled between them within five (5) calendar days working days, then a committee of four (4) shall be appointed, the informal meeting first two (2) by the Union and delivered to the Human Resources Director after which he/she shall have second two (2) by the Employer. If the committee of four (4) cannot reach a settlement within five (5) calendar working days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President and the Employer shall request be free from any and all obligations under the Grievance and Arbitration provision. Should the committee find that the Employer has unjustly laid off or dis­ charged an audience Employee, said Employee shall be reinstated to his former position and paid for the employee and him/herself with the Human Resources Directorall lost time. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations All findings of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award committee shall be final and binding on no strike or lockout shall occur pending a final determination of the parties committee except as is hereinafter provided. Nothing herein shall authorize the committee to alter the terms and affected employeesconditions of this or make a new Agreement. When the Employer has questioned the arbitrability of a grievance under this Article, the Union shall have the right to strike in support of such grievance. 2. Should the Union have conclusive evidence that the Employer is wilfully undercutting the wage scale or employing Employees in violation of the Union Security Clause of this Agreement or does not maintain a time clock or adequate time records or will not allow the auditor designated under this Agreement to inspect the Employer’s books and records then the Grievance and Arbitration provisions shall have no application to such facts and circumstances and the Union shall be permitted all legal and economic recourse in support of its demands notwithstanding anything to the contrary contained in this Agreement, provided that the Union shall give the Employer two (e2) working days within which to comply with the Union’s demand or present satisfactory proof of compliance with this Agreement. 3. The Grievance Procedure provided legal recourse reserved to the Union in this Agreement shall be supplementary cumulative with and not exclusive of any other remedy—economic or cumulative tolegal—available to it. The Union may (in addition to pursuing other remedies) ▇▇▇ the Employer in the Union’s own behalf or in be­ half of any aggrieved Employee for specific performance of this Agreement, rather than exclusive ofinspection of books or records, as provided in this Agreement, injunctive relief, recovery of dues, wages, vacations, or other benefits, or any procedures or remedies afforded other legal redress, and the Employer hereby expressly waives the right to any employee by lawobject to the Union being party plaintiff in such an action.

Appears in 1 contract

Sources: Service Station Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, com- plaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Hospital or the parties hereto relating to the applications, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first giving his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence: 1Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing five days following the above stepday on which the written grievance as presented to him. Failing settlement, then: 2Step Within five days following the decision under Step 1 the employee, accompanied union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance shall be reduced to his Department Head, who will deliver his decision in writing within five (5) calendar days of following the informal meeting and delivered to the Human Resources Director after day on which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and was presented to him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate omitted where the employee's immediate supervisor and justDepartment Head are the same person. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.Failing settlement then:

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to Section 1. A grievance within the meaning of this Agreement shall be any dispute concerning the interpretation, application, or application claimed violation of the provisions a specific term or provision of this Agreement, such differences . This is the sole and exclusive procedure for the resolution of grievances under this Agreement. Section 2. The following steps shall be resolved followed in the following mannerprocessing of grievances: Step 1. The Adjunct Faculty member shall file the grievance with his/her Department Chair or Program Director within twenty-one (a21) An employee calendar days of its occurrence or discovery. The grievance must be reduced to writing and must specify the nature of the grievance, the provision(s) of this Agreement at issue, and the relief requested. If the grievance is not resolved satisfactorily within fourteen (14) calendar days thereafter, the grievance Step 2. If the grievance is not resolved at Step 1, the Adjunct Faculty member may request that the Union appeal the grievance to Step 2. If the Union deems the grievance to be meritorious, it may file the Step 2 grievance with a grievance shallthe Adjunct Faculty member’s ▇▇▇▇ or his/her designee within fourteen (14) calendar days of receipt of the Step 1 response, or within ten seven (107) calendar days of the knowledge of deadline for the occurrence of Step 1 response, if none was received. If the incident which gave rise to grievance is filed within the grievancetime limits, discuss it with the Fire Chief ▇▇▇▇ or his/her designated representative, with designee shall conduct a meeting for the object purpose of resolving attempting to resolve the matter informally, if requested, a member of grievance. If the Executive Committee may be present. (b) If an impasse has been reached in the above stepgrievance is not resolved at this meeting, the grievance ▇▇▇▇ or his/her designee shall be reduced respond to the Union in writing within five fourteen (514) calendar days of the informal meeting and delivered meeting. If the ▇▇▇▇ or his/her designee fails to the Human Resources Director after which he/she shall have five respond within fourteen (514) calendar days of the meeting, the grievance may proceed to render an answer Step 3. Step 3. A grievance not resolved at Step 2 may be appealed in writing by the Union to the University’s ▇▇▇▇▇▇▇ or his/her designee within seven (7) calendar days of the conclusion of Step 2. A meeting for the purpose of attempting to resolve the grievance shall be held at this Step. If the grievance is not resolved at this meeting, the ▇▇▇▇▇▇▇ or his/her designee shall respond to the Union President. in writing within fourteen (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (1014) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesmeeting. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 15.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: - Between the following manner: employee concerned, his Union representative and the Employer. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Employer shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date the object of resolving discussion took place. If the matter informally, if requested, a member of Union wishes to appeal to the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and the appeal shall be filed with the Employer within six (6) working days from the Employer's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Employer. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Employer/operator within one (1) week of the decision of the Employer at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the informal meeting effective date of the increase with retro-activity thereto. 15.05 The Employer and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union Presidentmay file grievances commencing at STEP THREE. (ca) If no solution Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties. 15.07 Should the grievance can be reached by involve the above step, then misinterpretation or alleged violation of the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar daysAgreement, either party may in writing, request arbitrationbe free to appeal to Arbitration from STEP THREE within thirty-one (31) days from the date the decision was given at this STEP. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.The

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to 9.01 It is the meaning or application mutual desire of the provisions parties to this Agreement that grievances are dealt with as quickly as possible. For purposes of this Agreement, such differences a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement. 9.02 It is understood that a Nurse has no grievance until he/she has first given her Unit Manager the opportunity of hearing the complaint. A Nurse, with the assistance of her Union representative, if she so desires, shall discuss a complaint with his/her Unit Manager within five (5) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Nurse. Failing satisfactory settlement within five (5) working days, it shall then be taken up as a grievance within five (5) working days following advice of the Unit Manager’s decision. 9.03 In all steps of this grievance procedure an aggrieved employee may, if he/she so desires, be accompanied by or be represented by his/her ONA representative. The Nurse may submit a written grievance to his/her Unit Manager. The grievance shall be resolved on an ONA Grievance Form and shall identify the nature of the grievance and the remedy sought, and shall identify the provisions of the Agreement which are alleged to have been violated. A meeting will be arranged within nine (9) working days between the aggrieved and his/her ONA representative and the Unit Manager and Director of Nursing or delegate. The Director Of Nursing or delegate will deliver his/her decision in writing within nine (9) working days following the day on which the grievance was presented to him/her. Within ten (10) working days following manner: the decision in Step One, the grievance may be submitted in writing to the Director of Nursing and Human Resources. A meeting will then be held between the Management Committee and the Grievance Committee within ten (a10) An employee with a grievance shallworking days of the submission of the grievance. A decision shall be given, in writing, within ten (10) calendar working days after the meeting at which it was discussed. A Labour Relations Officer may attend this meeting. The parties may agree that there are circumstances where the services of a grievance mediator may allow for an objective, independent review of the knowledge issue(s) in dispute and assist the parties in resolving grievances. By mutual agreement the parties may extend the time limits and utilize the services of a Mediator. The cost of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may Mediator will be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting shared between the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should 14.01 Either the Employer, the Union or any differencesemployee has a right to lodge a grievance with respect to any matter aris- ing out of this Agreement or concerning the interpretation, disputes application or complaints arise as to the meaning alleged violation of this Agreement. 14.02 Any employee believing that he has been unjustly dealt with or application of that the provisions of this AgreementAgreement have not been complied with, shall have the right to place such differences griev- ances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be resolved in processed as follows: STEP ONE Between the following manner: employee concerned, his Union representative and the Manager and/or Owner. The grievance must be filed within eighteen (a18) An employee with a grievance shall, within ten (10) calendar working days of after the knowledge of the occurrence of the incident which gave event giving rise to the grievance, discuss grievance occurs and within this period of time it with shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the Fire Chief or his/her designated representative, with date dis- cussion took place. If the object of resolving Union wishes to appeal to the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above stepnext Step, the grievance shall be reduced to writing and shall contain the provision of the Agreement which has been al- legedly violated. Notice of appeal shall be filed with the Manager within six (6) working days from the Manager’s oral decision. STEP TWO Between the employee concerned, the Union representative, the Manager, and/or the Owner. Fortino’s Supermarkets or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer or the Un- ion. Fortino’s Supermarkets or its representative shall ad- vise the Employer with respect to any matter in issue and the Employer shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. 14.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) calendar working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the griev- ance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite pe- riod or sustain the discharge. 14.04 Grievances concerning rates shall be handled in ac- cordance with the above procedure and the disposition of such grievances, if sustained, shall include the determina- tion of the informal meeting effective date of the increase with retroactivity thereto. 14.05 The Employer and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) may file grievances commencing at STEP TWO. If no solution to an Arbitration Board finds that the grievance can be reached by the above step, then Employer or the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after step (b). (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of has violated the Collective Bargaining Agreement respecting the grievance in questionsAgreement, but he/she it shall not have the power to alter or modify award compensation to the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employeesEmployer, the arbitrator shall determine if Union or any employee affected by the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employeesviolation. (e) The Grievance Procedure provided in 14.06 Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be supplementary the sole and exclusive liability of such Employer and other Employers shall not be jointly or cumulative toseverally liable for such violations. (a) Failing settlement under the foregoing proce- dure, rather than exclusive ofsuch grievance may be submitted to Arbitration, any procedures or remedies afforded to any employee as hereinafter provided; (b) The time limits as prescribed above may be modified by lawmutual agreement of the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Centre or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. the case of suspension or discharge, the Centre shall notify the employee of his right in advance. Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: Step I The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The supervisor will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Centre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Director of Human Resources or their designate. A meeting will then be held between the Director of Human Resources or their designate and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Centre shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10IO) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08An employee believes has been, or is being unjustly-94) Should dealt with, 'throughdiscipline, distribution of work, or that any differences, disputes or complaints arise as to the meaning or application of the provisions of the Collective Agreement have not been complied with, the employee or representative will, whenever possible, bring this Agreementto the attention of supervisor, such differences or the Manager. After discussion with supervisor or the Manager, and the matter is not settled satisfactorily, 'thenthe following steps in the grievance procedure shall apply. The Parties to this Agreement agree that all steps shall be resolved taken to assure that complaints relating to the administration or interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that a reasonable amount of time may be spent by the members of the Union grievance committee in order to investigate and participate in grievance matters and the Union agrees that the members of its committees will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the operations. The Company agrees,that it shall not prevent the committee from properly fulfilling its obligations to investigate and settle grievances. The day" shall mean a day other than Saturday, Sunday, or recognized holiday. Subject to the terms of this Agreement which relate to the investigation following administration of discipline of the decision of the Company to discharge an employee, the following manner: procedures shall be followed: STEP The grievance shall be in writing, copy of which shall be given to the Manager and to the ▇▇▇▇▇▇▇. The grievance must be presented to the Manager within five (a5) An employee with a grievance shall, within ten (10) calendar working days of the knowledge of after the occurrence of the incident which gave rise matter complained of and the Manager shall answer the grievance presented to in writing, within five (5) working days after has received it. The grievance must be in a legible on a form provided by the Union and signed by the employee. If the matter has not been settled, the Union ▇▇▇▇▇▇▇ of the employee involved may, within five (5) working days after receiving the written answer from the Manager, present the grievance in writing to the grievanceVice President or designate, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached who shall render decision in the above step, the grievance shall be reduced to writing within five (5) calendar working days of after receiving it. If the informal meeting and delivered to matter is not settled, the Human Resources Director after which he/she shall have local chairman and/or representative may, within five (5) calendar working days to render an answer in writing after receiving a written decision of the Vice President or designate, present the grievance to the Union President. President or designate. Following the presentation of the grievance at this step a meeting shall be arranged between management and the grievance committee (cconsisting of three (3) If no solution members only) which meeting will take place in seven (7) working days after the grievance has been presented to the grievance can be reached by the above step, then the President or designate. Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed may within ten (10) calendar working days after step of Step grievance meeting request the assistance of a Grievance Mediation Officer. In the instance of the matter not being resolved by the Grievance Mediation Officer, either Party shall within five (b). (d5) If no agreement can be reached working days of this meeting, notify the other Party in the preceding step, writing of their intent to proceed to arbitration. The Parties shall within ten (10) calendar daysworking days of the written notification, either party may attempt to agree on a single or sole arbitrator or in writingthe alternative, request arbitrationadvise the other Party of their nominee's name, address and telephone number. The party requesting hearing date for the arbitration shall promptly thereafter file a demand for occur within thirty (30) working days selection or appointment of the Chairperson. Nothing herein restricts either Party from any statutory right with respect to the arbitration with process or selection, as may be provided by the American Arbitration Association relevant labour code. No matter shall be submitted to an arbitrator.which has not been properly carried through previous steps of the grievance procedure in accordance with the then applicable rules and regulations of Agreement. In the Association. The expenses of event either the Arbitrator, excepting Company or the parties' own expenses, shall be borne by Union wish to present a policy grievance alleging the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms violation of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to such grievance must be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority presented in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.writing within seven

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purpose of this Agreement, such differences shall be resolved in the following manner: (a) An employee with a grievance shall, within ten (10) calendar days of the knowledge of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief or his/her designated representative, with the object of resolving the matter informally, if requested, complaint is defined as a difference arising either between a member of the Executive Committee bargaining unit and the Centre or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Centre shall notify the employee of his right in advance. Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. accompanied by a Union ▇▇▇▇▇▇▇. The supervisor will deliver his decision in writing within five (b5) If an impasse has been reached days following the day on which the written grievance was presented to him. The Union and the Centre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the above immediately preceding step, the grievance shall be reduced submitted in writing to writing the Director of Human Resources or their designate. A meeting will then be held between the Director of Human Resources or their designate and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) calendar days of the informal meeting and submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Centre shall be delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10IO) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. (Amended 08-94) Should any differences, disputes or complaints arise as to For the meaning or application of the provisions purposes of this Agreement, such differences shall be resolved in a griev- ance or complaint is defined as a difference arising either between a member bargaining unit and the following manner: (a) An employee with a grievance shallHospital or between the parties hereto relating to the interpretation, within ten (10) calendar days ap- plication, administration or alleged violation of the knowledge Agree- ment. The grievance shall identify the nature of the occurrence of the incident which gave rise to the grievance, discuss it with the Fire Chief remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of his/her designated representative▇▇▇▇▇▇▇. In the case of suspension or discharge, with the object Hospital shall notify the employee of resolving this right in advance. Where the matter informallyHospital deems it necessary to suspend or discharge an employee, if requestedthe Hospital shall notify the Union of such suspension or discharge in writing, a member within three days. It is the mutual desire of the Executive Committee parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assist- ance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate supervisor within five days after the circum- stances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor’s decision in the manner and sequence: STEP ONE The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be present. (b) If an impasse has been reached accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five days following the day on which the written griev- ance was presented to him. Failing settlement, then: STEP TWO Within five days following the decision under Step the employee, accompanied by a union stew- ard, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the em- ployee’s immediate supervisor and Department Head are the same person. Failing settlement, then: five days following the decision in the above immedi- ately step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer submitted in writing to the Union President. (c) If no solution to Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the designated union representatives who may be accom- panied by the general representative of the Union, within five days of the submission of the grievance can at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed deliv- ered in writing within ten (10IO) calendar days after step (b)following the date of such meeting. (d) If no agreement can be reached in the preceding step, within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations of the Association. The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator shall have the authority and jurisdiction to determine the propriety of the interpretation and/or application of the Collective Bargaining Agreement respecting the grievance in questions, but he/she shall not have the power to alter or modify the terms of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. It is agreed by the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance he his designated representative shall discuss it with his supervisor within thirty (Amended 08-9430) Should any differences, disputes or complaints arise as days after the alleged grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written response to the meaning grievance will be given within ten (1 0) days after such discussion has taken place. For the purpose of this Article the supervisor shall mean manager of a department or application other person designated by Failing settlement, the grievance may be taken up on the following sequence provided it is presented within fifteen (15) days of the provisions supervisor's reply thereto. The grievance may be presented in writing to the manager authorized by to deal with such grievance, and setting forth, the nature of this Agreementthe grievance, such differences the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall be resolved in arrange a meeting with the following manner: Guild and a committee of not more than two (a2) An employee with a grievance shall, employees of within ten (10) calendar days of the knowledge receipt of the occurrence grievance at which the may attend if requested by either party in the company of the incident which gave rise to Guild representative and provided they can be spared operationally by for the grievance, discuss it with purpose of assistance at the Fire Chief or his/her designated representative, with meeting as he considers necessary and will give the object of resolving the matter informally, if requested, a member of the Executive Committee may be present. (b) If an impasse has been reached in the above step, the grievance shall be reduced to writing within five (5) calendar days of the informal meeting and delivered to the Human Resources Director after which he/she shall have five (5) calendar days to render an answer his decision in writing to the Union President. (c) If no solution to the grievance can be reached by the above step, then the Union President shall request an audience for the employee and him/herself with the Human Resources Director. This step must be completed within ten (10) calendar days after following the meeting, with a copy to the Guild representative. In the event that any difference arising from the interpretation, application or alleged contravention of this Agreement has not been satisfactorily settled under the foregoing Grievance Procedure, the matter shall then, by notice in writing given to within thirty (30) days of the date of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within thirty (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision and the decision shall be final and binding upon both parties. The arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Agreement not to make any decision inconsistent therewith. and the Guild shall each pay one-half the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the parties. Failure to comply with these guidelines shall not constitute a time-bar. The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The time limits imposed upon either party at any step (b). (d) If no agreement can be reached in the preceding stepgrievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that a disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considersjust and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be presented in writing signed by the Manager for Canada or his designate, to the Guild within ten days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation of the grievance, the Guild shall give its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten (10) calendar days, either party may in writing, request arbitration. The party requesting arbitration shall promptly thereafter file a demand for arbitration with the American Arbitration Association in accordance with the then applicable rules and regulations days of the Associationdate received the Guild’s reply. Guild Grievance The expenses of the Arbitrator, excepting the parties' own expenses, shall be borne by the losing party. The arbitrator Guild shall have the authority and jurisdiction right to determine the propriety file a grievance on a difference directly with arising out of the interpretation and/or application Agreement concerning the interpretation, application, administration or alleged contravention of the Collective Bargaining Agreement respecting Agreement. Such grievance shall be submitted in writing to the Manager for Canada or his designate within ten days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation of the grievance, shall give the Guild its written reply to the grievance in questionsten 0) days following the meeting. Failing settlement, but he/she shall not such grievance may be referred to arbitration within ten (10) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the power same individual grievance arising out of the same circumstances and based on the same incident, such grievances may be combined and treated as a group grievance. The Guild shall have the right to alter file a group grievance on behalf of the affected individual employees and the regular grievance procedure shall be followed. For the purpose of this Agreement, "day" means a calendar day and "grievance" means a complaint arising from the interpretation, application, administration or modify the terms alleged violation of this Agreement. With respect to arbitrations involving the discipline or discharge of employees, the arbitrator shall determine if the discharge or discipline as for just cause; Discipline and he/she may review penalty imposed and if he/she shall find it to be inappropriate and/or unduly severe, he/she may modify it accordingly. He/she shall have the authority in cases concerning discharge, discipline and/or other matters, if he/she shall so determine, to order the payment of back wages and compensation of an employee, which the employee would otherwise have received, and/or enter such other and/or future awards as may be appropriate and just. His/her award shall be final and binding on the parties and affected employees. (e) The Grievance Procedure provided in this Agreement shall be supplementary or cumulative to, rather than exclusive of, any procedures or remedies afforded to any employee by law.Discharge

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Sources: Collective Bargaining Agreement