Common use of GRIEVANCE AND ARBITRATION Clause in Contracts

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 8.01 The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances concerning the interpretation or alleged violations of the Agreement as quickly as possible. 8.02 No grievance shall be considered where the events giving rise to it occurred or originated more than two full working days before the filing of the grievance. 8.03 Grievances properly arising under this Agreement shall be adjusted and settled as follows: STEP 1 The aggrieved employee shall present his grievance orally to his ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ shall give his decision within two working days following the presentation of the grievance to him. If the ▇▇▇▇▇▇▇'▇ decision is not satisfactory to the employee concerned, then the grievance may be presented as follows. STEP 2 Within two working days after the decision is given at Step 1, the aggrieved employee may, with or without his ▇▇▇▇▇▇▇, present the grievance to the Plant Manager, who shall consider it in the presence of the person or persons presenting same and the ▇▇▇▇▇▇▇. Any complaintWritten record of the grievance shall be established and acknowledged by the grievor and the Company. The Plant Manager will render his decision in writing within five (5) working days following the presentation of the grievance to him. If a settlement satisfactory to the employee concerned is not reached, controversythen the grievance may be presented as follows. STEP 3 If the matter is not settled, disputethen within three (3) working days of the Manager's reply, or claim (herein, collectively, the Union business representative may request a "grievance" or "grievances") meeting with the Company's management. In such case the meeting shall be held between the parties hereto arising during Company management and the term business representative as soon as practicably possible, but not later than two (2) weeks after the Company received notification from the Union that such meeting is desired. A written record of this meeting shall be established and acknowledged by the Union and the Company. The Company shall give its reply in writing following such meeting. 8.04 If final settlement of the grievance is not reached at Step 3, and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, then the grievance may be referred in writing by either party to a Board of Arbitration as provided in Article 8.05 below at any time within twenty-one (21) calendar days after the decision is given under Step 3 and if no such written request for arbitration is received within the time limit, then it shall be deemed to have been abandoned. 8.05 Both parties to this Agreement with respect agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in this Article above, and which has not been settled, will be referred to a sole arbitrator, at a written request of either of the parties hereto. 8.06 The sole arbitrator shall be mutually agreed upon by the parties. 8.07 Should the parties, fail to agree on a sole arbitrator within seven (7) days of the notification mentioned in Article 8.07 above, the Minister of Labour of the Province of Ontario may be asked to nominate a person to act as the sole arbitrator at any time thereafter. 8.08 The decision of a the sole arbitrator, shall be binding on both parties. 8.09 The sole arbitrator shall not have any power to alter or change any of the provisions of this Agreement or its interpretation or to substitute any alleged breach thereofnew provisions for any existing provisions, shall be discussed promptly nor to give any decision inconsistent with the terms and in good faith by the designated representatives provisions of this Agreement. 8.10 Each of the parties in to this Agreement will bear the expenses its witnesses, and the parties will jointly bear the expenses, if any, of an effort to attain an amicable settlementArbitrator. 2. All grievances must be raised in accordance 8.11 No matter may proceed to arbitration with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known out first exhausting all steps of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievanceprocedure. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint15.01 Either the Employer, controversy, dispute, the Union or claim (herein, collectively, any employee has a "grievance" or "grievances") between the parties hereto right to lodge a grievance with respect to any matter arising during the term out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with respect to or that the provisions of this Agreement or its interpretation or any alleged breach thereofhave not been complied with, shall be discussed promptly have the right to place such grievances in the hands of the Union for review and in good faith adjustment by the designated representatives of Employer, if necessary. Such grievances shall be processed as follows: Between the parties in an effort to attain an amicable settlement. 2employee concerned, his Union Representative and the Owner. All grievances The grievance must be raised in accordance with Section 1 above filed within sixty eighteen (6018) calendar working days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance occurs and must within this period of time it shall be submitted by discussed at this Step. The Owner shall give an oral decision within four (4) working days from the grieving party date the discussion took place. If the Union wishes to appeal to the non-grieving party in writingnext Step, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known grievance shall be reduced to writing and shall contain the provision of the circumstances giving rise Agreement which has been allegedly violated. Notice of appeal shall be filed with the Owner within six (6) working days from the Owner’s oral decision. The grievance shall be forwarded to the Owner, which shall have one (1) week to dispose of the grievance. The Company disposition shall be in writing and returned to the WGAE shall meet within ten (10) calendar days of receipt officers of the written grievanceUnion. 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. 3. If 15.03 In the grievance is not resolvedcase of a dismissal, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the may be filed by an employee who feels he was unjustly dealt with. Such grievance and/or the arbitration as the case may be.must be filed within five

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, a "grievance" or "grievances") A grievance shall first be taken up directly between the parties hereto arising during Employer and the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereofUnion. Grievances shall be resolved, if possible, within seventy-two (72) hours after they are initiated, and, if not so resolved, shall be discussed promptly and in good faith by submitted to the designated representatives Office of the parties in an effort to attain an amicable settlementContract Arbitrator. 2. All grievances must Any grievance, except as otherwise provided herein and except a grievance involving basic wage violations including Pension, Health, Training, Legal and SRSF contributions as set forth in Article X, Section 47, shall be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise presented to the grievance and must Employer in writing within one hundred twenty (120) days of its occurrence, except for grievances involving suspension without pay or discharge, which shall be submitted by presented within forty-five (45) days, unless the grieving party Employer agrees to an extension. The Arbitrator shall have the authority to extend the above time limitations for good cause shown. Where a failure to compensate overtime work can be unequivocally demonstrated through employer payroll records, the Union may grieve the failure to compensate overtime for the three year period prior to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known filing of the circumstances giving rise to the grievance. The Company Any dispute or grievance between the Employer and the WGAE Union which cannot be settled directly by them shall meet within ten (10) calendar days of receipt be submitted to the Office of the written grievance. 3Contract Arbitrator, including issues initiated by the Trustees pursuant to Article X, Section 47. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures The Office of the American Arbitration AssociationContract Arbitrator shall schedule a hearing within two (2) to fifteen (15) days after either party has served written notice upon the Office of the Contract Arbitrator with copy to the other party of any issue to be submitted. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this AgreementArbitrator’s oath-taking, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); period and the costs requirements for service of notice in the arbitration (e.g., arbitrator's fee, filing fees) form prescribed by statute are hereby waived. Arbitration expenses shall be borne equally by the Company parties unless otherwise specified herein. 3. A written award shall be made by the Arbitrator within thirty (30) days after the hearing closes. Upon joint request of both parties, the Arbitrator shall issue a “bench decision” with written award to follow within the required time period. If a written award is not timely rendered, either the Union or the Employer may demand in writing of him/her that the award must be made within ten (10) more days. If no decision is rendered within that time, either the Union or the Employer may notify the Arbitrator of the termination of his/her office as to all issues submitted to him/her in that proceeding. By mutual consent of the Union and Employer, the time of both the hearing and decision may be extended in a particular case. If a Party, after due written notice, defaults in appearing before the Arbitrator, an award may be rendered upon the testimony of the other party. Due written notice means mailing, faxing, or hand delivery to the address specified in the Agreement or in an assumption. No more than one adjournment per party shall be granted by the Arbitrator without consent of the opposing Party. All Union claims are brought by the Union alone and no individual shall have the right to compromise or settle any claim without the written permission of the Union. Counsel for the Union and the WGAEEmployer may be present at any grievance procedure meeting. In the event that the Union appears at arbitration without the grievant, the Arbitrator shall conduct the hearing provided it is not adjourned. The Arbitrator shall decide the case based upon the evidence adduced at the hearing. 4. The procedure herein with respect to matters over which a Contract Arbitrator has jurisdiction shall be the sole and exclusive method for the determination of all such issues, and each the Arbitrator shall have the power to award appropriate remedies, the award being final and binding upon the parties and the employee(s) or Employer(s) involved. Nothing herein shall be construed to forbid either party from resorting to court for relief from or to enforce rights under any award. There is presently an agreement between the Union and the RAB designating the Office of the Contract Arbitrator- Building Service Industry as contract arbitrator for all disputes. It is agreed by the parties hereto that the arbitrators serving in such office shall bear its own other costsalso serve as contract arbitrators under this Agreement. The arbitrators currently are: ▇▇▇▇ ▇▇▇▇▇, legal fees▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, and expenses relating ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇. Any additional arbitrators designated to serve in the Office of the Contract Arbitrator by the Union and the RAB shall be deemed added to the arbitrationlist of contract arbitrators for this Agreement. In the event that one or more of the contract arbitrators is terminated at the request of the Union, pursuant to the agreement between the Union and the RAB, such arbitrator(s) shall be automatically deleted as contract arbitrator under this Agreement. In the event that one or more of the contract arbitrators is terminated from the Contract Arbitrator's office at the request of the RAB, pursuant to the agreement between the Union and the RAB, the Employer may, upon thirty (30) days' written notice to the Union, terminate the services of any such arbitrator(s). 5. A failure Should either party fail to submit a grievance abide by an arbitration award within two (2) weeks after such award is sent by registered or demand arbitration certified mail to the parties, either party may, in accordance with its sole and absolute discretion, take any action necessary to secure such award including but not limited to suits at law. Should either party bring such suit, it shall be entitled, if it succeeds, to receive from the requirements set forth aboveother party all expenses for counsel fees and court costs. In any proceeding to confirm an award, including service may be made by registered or certified mail within or without the time limits, shall permanently bar the grievance and/or the arbitration State of New York as the case may be. 6. Grievants attending grievances and arbitrations shall be paid their regularly scheduled hours during such attendance. If the Union requires an employee of the building to be a witness at the hearing and the Employer adjourns the hearing, the employee witness shall be paid by the Employer for his regularly scheduled hours during attendance at such hearing. This provision shall be limited to one (1) employee witness.

Appears in 2 contracts

Sources: Independent Office Agreement, Independent Office Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintShould any differences arise as to the interpretation, controversyapplication, dispute, administration or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term alleged violation of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereofAgreement, shall the following procedures for instituting a grievance may be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlementinvoked. 2. All grievances must Employees shall have the right to Union representation in any grievance or disciplinary meeting. Representative of the Union shall include any elected officer of the Union or shop ▇▇▇▇▇▇▇ recognized by the Union. 3. Efforts to resolve grievances, up to but not including arbitration, shall be raised in accordance with Section 1 above made on Company time. The grievor(s) may be present for any formal meeting throughout the grievance and arbitration procedure. 4. The following grievance procedure shall be observed: Step 1. An employee, accompanied by a Union representative, if desired, shall within sixty thirty (6030) calendar days after the grieving party knew or with due diligence should have known of when the circumstances giving rise to the grievance and must be submitted by the grieving party were known or should have reasonably been known to the non-grieving party in writinggrievor, no later than ninety (90) calendar days after raise the grieving party knew or matter orally with due diligence should have known the employee’s immediate supervisor. The supervisor shall reply to the grievance within seven days. Step 2. If the employee is not satisfied with the outcome of the circumstances giving rise discussions described in Step 1 above he/she may proceed to the grievancesecond step of the grievance procedure. The Company and In such cases, the WGAE shall meet employee accompanied by a Union representative, will, within ten fourteen (1014) calendar days of receipt of the written grievancereply at Step 1, present the grievance in writing to the Vice-President, Advertising Sales. Step 3. If the grievance is not resolvedtwo parties are unable to agree at Step 2, then within seven Step 4. If the two parties are unable to agree at the third step, then, the grieving party mayraising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the reply in Step 3. 5. In general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator; however, either party may elect to submit a grievance to an Arbitration Board of three members, in which case the other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the name of a nominee to the arbitration board of the party requesting arbitration. The recipient of the referral shall, within sixty (60) calendar days following five days, notify the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days other party in writing of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures its acceptance of one of the American proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board; submit its nominee to the arbitration board. 6. The parties shall endeavor within five days to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Minister of Labour of Ontario may be asked to make the appointment. 7. The Board of Arbitration Associationor single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or Board shall have jurisdiction issue a decision and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator decision shall be final and binding upon the Companyparties and upon any employee and employer affected by it. In the case of an Arbitration Board, the WGAEdecision of the majority is the decision of the Board but if there is no majority decision, and/or the represented employee(s); decision of the Chair shall govern. 8. Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the costs Employer and the Union shall each pay one-half of the arbitration (e.g.fees and expenses of the Chair or the single arbitrator. 9. By mutual agreement between the Employer and the Union, arbitrator's feeand in the case of an Employer or a Union grievance, filing fees) or in the case of a grievance involving the suspension or discharge of an employee, the processing of a grievance may begin at the third stage. 10. It is intended that grievances shall be borne equally by processed as quickly as possible. If the Company and grieving party does not appeal the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating grievance to the arbitrationnext successive stage within the specified appeal time limit, the grievance shall be deemed to be abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage. 511. A failure to submit a grievance or demand arbitration Time limits in accordance with the requirements set forth abovethis article may be extended by mutual agreement. In all cases, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may bedays means calendar days.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 18.01 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. 8.02 Subject to the terms of this agreement, any difference concerning the interpretation, application, administration or alleged violation, may be grieved. Any complaint, controversy, disputeemployee unjustly discharged or disciplined, or claim (hereinwho feels they have been unjustly dealt with, collectivelythe following procedure shall· be followed. Step 1: The grievance shall be in writing, a "grievance" or "grievances") between the parties hereto arising during the term copy of this Agreement with respect which shall be given to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly Location Manager and in good faith by to the designated representatives of the parties in an effort to attain an amicable settlement. 2employees' ▇▇▇▇▇▇▇. All grievances The grievance must be raised in accordance with Section 1 above presented to· the Location Manager within sixty five (605) calendar working days after the grieving party knew or with due diligence should have known occurrence of the circumstances giving rise to matter complained of; and the Location Manager shall answer the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety within five (905) calendar working days after he has received it. The grievance must be in a legible form and signed by the employee. 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 Location Manager, present the grievance in writing to the Area General Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. If the matter is not settled the Local Chairperson and/or his representative may, within five (5) working days after receiving a written decision of the Area General Manager or his nominee present the grievance to the. Director of Labour Relations or Nominee. Following the presentation of the grievance at this Step there shall be arranged a meeting between Management and the Grievance Committee consisting of two (2) members only) which meeting will take place in five (5) working days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievancegrievance has been presented. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the National Representative, Local President or their nominee may attend. A written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator response shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration given by Management within five (e.g., arbitrator's fee, filing fees5) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationdays. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaintIn the event a grievance arises, controversy, dispute, or claim (herein, collectivelyother than jurisdictional disputes, a "grievance" or "grievances") meeting shall be held between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement contractor or its interpretation or any alleged breach thereofaccredited representatives and the Union. For Association employers, if a settlement is not reached at this point, the parties shall be discussed promptly and in good faith by contact the designated Association of which the contractor is a member. A representative of the Association shall confer with representatives of the parties Union and the contractor to endeavor to settle the dispute. Any grievance not filed in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above writing within sixty (60) calendar days after from the grieving party knew or with due diligence should have known day of the circumstances giving rise to occurrence on which the grievance and must is based, shall be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3forever barred. If the grievance dispute is not resolvedsettled at this conference, it shall be subject to arbitration. Section 2. A Committee shall be appointed as an arbitration board to consist of not more than two (2) members from the grieving party may, within sixty Union and not more than two (602) calendar days following members from the Association to who will be referred any grievance meeting (or, if involving an interpretation of this contract including grievances concerning contractors who are not members of the parties fail Associations. Association members shall have the option of waiving the joint board step and proceeding directly to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator association members must exercise this option within seven (7) days of the grievance. The board shall have jurisdiction meet to consider and authority solely to interpret, apply, and/or determine act on the meaning of any provision of this Agreementmatter within three (3) days, and shall have no power to change, add to, or subtract from any provision. 4. The determination the decision of the arbitrator board shall be final and binding upon on both parties. The board shall make its decision within seventy-two (72) hours. In the Companyevent of the failure of the board to arrive at a solution, the WGAEcase shall be referred to one of the of following two arbitrators; ▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ in rotating order, and/or the represented employee(s); and the costs arbitration shall be conducted under the voluntary labor arbitration rules of the American Arbitration Association, and the decision of the umpire shall be final and binding on both parties. The board of arbitration or umpire shall not have the power to add to, subtract from, or modify any term of this agreement. The cost of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by both parties to the Company grievance. The time deadlines may be extended by agreement between the Union and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5Association. A failure to submit non-association employer whose actions are the subject of a grievance or demand arbitration Grievance shall have no say in accordance with extending the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may bedeadlines.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaint, controversy, dispute, The grievance/arbitration procedure provides the means by which disputes or claim (herein, collectively, a "grievance" or "grievances") problems between the parties hereto arising during which arise concerning the term application, meaning or interpretation of this Agreement with respect are to be resolved. STEP 1. The employee or the provisions of this Agreement Association on the employee's behalf shall present his/her grievance in writing on the "Official Grievance Form" or its interpretation or any alleged breach thereoffacsimile, to his/her immediate supervisor within the appropriate time limit. The grievance statement shall be discussed promptly and in good faith by include: a. The date the designated representatives grievance occurred; b. A description of the parties 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 an effort to attain an amicable settlement. 2person or by telephone, within seven (7) days of filing the grievance, unless such discussion is mutually waived. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to The supervisor shall investigate the grievance and must be submitted by the grieving party to the non-grieving party respond in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet writing within ten (10) calendar days of the grievance discussion or receipt of the grievance if discussion was waived. STEP 2. If the STEP 1 response is unsatisfactory, the Association may advance the written grievance and the STEP 1 response to the Manager at STEP 2. The grievance must be submitted within ten (10) days of either the receipt of the response at STEP 1, or the date the response was due, whichever occurs first. 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. 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 the receipt of the response at STEP 3, or the date the response was due, whichever occurs first. Arbitration. If the grievance is not resolvedsatisfactorily resolved by the Labor Relations Unit, the grieving party mayAssociation, on behalf of the grievant, may advise the Labor Relations Unit within sixty ten (6010) calendar days following 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 meeting (orprocedure the Employer fails to issue a response within the time limits set forth in this Article, if the grievance shall automatically advance to the next step of the 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 fail to meet as prescribed above, within sixty (60) calendar days of presenting understand that the written grievance), submit grievant will explain the grievance and indicate the contract provision(s) violated to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures best of the American Arbitration Associationhis/her understanding. Section 5. The arbitrator parties agree to use the "Official Grievance Form" or facsimile for the processing of grievances and that beginning at STEP 2, it shall have jurisdiction and authority solely to interpret, apply, and/or determine be complete with all information required on the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4form at that Step. The determination of the arbitrator shall Official Grievance Form can be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration obtained by going to ONA’s website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ or call ONA’s office at (e.g., arbitrator's fee, filing fees▇▇▇) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration▇▇▇-▇▇▇▇. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint6.01 In the event of any complaint by an employee covered by this agreement that he/she had been dealt with contrary to its terms, controversy, disputehe/she may take the matter up as a grievance with the employer within and not after three (3) days of the incident excluding weekends or holidays, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during time at which the term of this Agreement with respect employee could reasonably have been expected to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives become aware of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances incident giving rise to the grievance. (a) The aggrieved employee shall first take up the matter verbally with his immediate Supervisor who shall render a verbal decision immediately, unless other reference is required, but at least by the employee's next shift. The aggrieved employee may request the presence of his/her ▇▇▇▇▇▇▇ if the company has more than one person present. Step (b): If the matter is not settled, the matter shall within and not after three (3) working days from the date a decision was given in step (a) present in writing on Union forms made out in triplicate, with the original for the Company, 2 copies for the Union and a copy for the employee. A subsequent meeting with the Plant Manager or his/her delegate and the Human Resources Director or his/her delegate and the Union (Committee Chairperson, Committee Vice-Chairperson, Committee Secretary and ▇▇▇▇▇▇▇) will be held. The grievor, Supervisor and Leadhand (if involved in the mater) may attend the meeting for the presentation of the facts then the grievor and Leadhand will withdraw. A decision will be made within seventy-two (72) hours, excluding weekends and holidays. Policy grievances, including cases of discharge, may be presented at this stage by either the Company or the Union. (c) In the event a settlement is not achieved at Step (b), the Union shall within, and not after three (3) working days from the date a decision was given at Step (b), inform the Company the problem will be taken up with the Corporate 6.02 If a satisfactory settlement of the grievance is not then reached within and not after fourteen (14) working days from the date a decision was given at Step (c), the Union will inform the Company in writing that the matter may be dealt with by Arbitration as hereinafter provided. 6.03 The time limits contained in this Article are compulsory and binding on both parties unless waived, in advance, by mutual agreement. 6.04 In the event that grievances or disputes cannot be satisfactorily settled by the methods outlined above, or in the case of direct difference between the Company and the WGAE Union which cannot be settled by direct negotiations and not withstanding any statutory provision, the matter shall meet within be referred to a single arbitrator, such single arbitrator will be mutually chosen by the Union and the Company, provided that, in the event of failure of the Company and the Union to agree upon an arbitrator, the assistance of the Minister of Labour shall be requested. It is agreed that not more than ten (10) calendar days of receipt shall elapse between the time that one of the written parties hereto requests arbitration and the appointment of the arbitrator. No person shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 3. If 6.05 It is agreed that the parties hereto will endeavour to see that the Board of Arbitration shall commence the hearing of the grievance as quickly as possible after his/her appointment. It is understood, however, that no matter may be submitted to arbitration which has not resolved, been properly carried through the grieving party may, within sixty (60) calendar days following required steps of the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionprocedure. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation 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 any alleged breach thereofdischarge, 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 promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his or her immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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/employee shall submit the grievance, in writing, no later than ninety and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to him or with due diligence should have known her. 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 immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and Union Representative(s) who may be accompanied by the Union ▇▇▇▇▇▇▇(s) or Grievance Committee as applicable of the circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, a) A grievance shall be defined as a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect dispute as to the provisions meaning or application of a specific provision of this Agreement or its the interpretation of this Agreement. An employee wishing to file a grievance shall, within five working days of when he/she reasonably should have had knowledge of the grievance, present it to his/her supervisor. The ▇▇▇▇▇▇▇ has the right to be present when the grievance is presented. The supervisor must give an answer within five working days of this meeting. b) In case of failure to agree in the Step One procedure defined above, the grievance must be reduced to writing and delivered by the Union to the General Manager within five working days of the supervisor's answer. The grievance shall include the specific provisions of the contract alleged to have been violated and the general facts to support the allegation. The General Manager, or any alleged breach thereofhis designee, shall be discussed promptly and in good faith by arrange to discuss the designated representatives grievance with a representative of the parties in an effort to attain an amicable settlement. 2Union as soon as possible. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar Within seven working days after the grieving party knew or with due diligence should have known of the circumstances giving rise to above Step Two meeting, the grievance and must be submitted by General Manager, or his designee, shall advise the grieving party to the non-grieving party Union, in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If whether the grievance is not resolvedgranted or denied. c) If no resolution is reached at Step Two, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit Union may appeal the grievance to arbitration before an impartial arbitrator selected by notifying the District in accordance with writing within ten working days following the Labor Arbitration rules and procedures receipt of the American Arbitration Associationanswer in Step Two. d) The party referring the grievance to arbitration must, within thirty (30) days of the receipt of the answer from Step Two, request a panel of seven (7) arbitrators, who shall be members of the National Academy of Arbitrators, from the Federal Mediation and Conciliation Service. A representative of the Union and the General Manager shall meet within seven (7) days from receipt of the panel and strike the panel of arbitrators with each side striking a maximum of three arbitrators each in alternative order. A coin flip shall decide who shall first strike a name. The lone remaining arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine will be the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionimpartial arbitrator. 4. e) The determination decision of the arbitrator shall be final and binding upon on both parties. f) The arbitrator shall not have authority to add to, subtract from or modify any provisions of this Agreement, or to rule on any question except the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing feesone(s) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the submitted for arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with g) Both parties shall equally share the requirements set forth aboveexpenses of the arbitration, including the time limitsarbitrator's fees and expenses and the cost of transcript provided both parties request copies. If either party elects not to have a copy of the transcript, then it will not be responsible for any costs associated with the transcript and shall permanently bar not receive a copy nor have access to the transcript. h) There shall be no arbitrations on multiple grievances. Each grievance going to arbitration shall be heard by a separate arbitrator unless mutually agreed to by both parties. i) In grievances involving discharge or suspensions, the parties agree to skip the first step of the grievance and/or procedure and begin at Step Two. j) When initially presenting the arbitration grievance to the supervisor in Step One, the employee will make a reasonable effort to present the grievance in a manner so as the case may benot to interfere with work.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint15.01 Either the Employer, controversy, dispute, the Union or claim (herein, collectively, any employee has a "grievance" or "grievances") between the parties hereto right to lodge a grievance with respect to any matter arising during the term out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with respect to or that the provisions of this Agreement or its interpretation or any alleged breach thereofhave not been complied with, shall be discussed promptly have the right to place such grievances in the hands of the Union for review and in good faith adjustment by the designated representatives of Employer, if necessary. Such grievances shall be processed as follows: Between the parties in an effort to attain an amicable settlement. 2employee concerned, his Union ▇▇▇▇▇▇▇ and the Owner. All grievances The grievance must be raised in accordance with Section 1 above filed within sixty eighteen (6018) calendar working days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance occurs and must within this period of time it shall be submitted by discussed at this Step. The Owner shall give an oral decision within four (4) working days from the grieving party date the discussion took place. If the Union wishes to appeal to the non-grieving party in writingnext Step, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known grievance shall be reduced to writing and shall contain the provision of the circumstances giving rise Agreement which has been allegedly violated. Notice of appeal shall be filed with the Owner within six (6) working days from the Owner’s oral decision. The grievance shall be forwarded to the Owner, which shall have one (1) week to dispose of the grievance. The Company disposition shall be in writing and returned to the WGAE shall meet within ten (10) calendar days of receipt officers of the written grievanceUnion. 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. 3. If 15.03 In the grievance is not resolvedcase of a dismissal, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the may be filed by an employee who feels he was unjustly dealt with. Such grievance and/or the arbitration as the case may be.must be filed within five

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFull-Time and Part-Time 8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation 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 any alleged breach thereofdischarge, 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 promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his or her immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety and signed by him or her, to the immediate supervisor or designate . The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to him or with due diligence should have known her. 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 immediately preceding step, the grievance shall be submitted in writing to 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 circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the Section 12.1 The provisions of this Article are the sole and exclusive means for seeking adjustment and resolution of grievances under this Agreement. A grievance is any dispute arising between an employee or group of employees and the Town concerning the interpretation, or application of the express terms of this Agreement. The procedure for resolving grievances under this Agreement or its interpretation or any alleged breach thereof, is as follows: Step One: A written grievance shall be discussed promptly and presented, in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise first instance, to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet Highway Superintendent within ten (10) calendar working days after the grievant knew, or reasonably should have known, of the act or occurrence upon which the grievance is based. The Highway Superintendent, or his designee, shall respond to the grievance in writing within ten (10) working days from the timely receipt of the written grievance. 3. If Step Two: In the event the grievance is not resolved, a written appeal may be presented to the grieving Town Supervisor, within ten (10) working days after receipt of the Step One decision. The appeal shall contain a short, plain statement, which includes: the grievant’s name; the contractual provision allegedly violated; date of the alleged violation; and a clear and concise basis for the appeal. The appeal must be dated and signed by the grievant and the Union representative. The Town Supervisor shall meet with the employee and/or the Union representative and shall issue a written decision not later than ten (10) working days after receipt of the grievant’s appeal. Step Three: Arbitration (a) Grievances, which are arbitrable under this Article, may be appealed to arbitration by filing a Demand for Arbitration with the Public Employment Relations Board (PERB) not more than fifteen (15) days after receipt of the Step Two decision. (b) The party mayseeking arbitration shall request a list of seven (7) arbitrators from PERB. The parties shall alternatively strike names from the panel and the last remaining name shall be the arbitrator for the grievance. The arbitration shall be held within thirty (30) working days after the selection of the arbitrator, unless the Town and the Association mutually agree, in writing, to extend the time limit due to the unavailability of the arbitrator. In this case, the arbitration must be held within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures after selection of the American Arbitration Association. arbitrator. (c) The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from or otherwise modify any provisionprovision of this Agreement in arriving at a decision of the issue presented. The arbitrator shall confine the decision to the precise issue submitted, and the relief requested, at the time the grievance was reduced to writing at Step One. 4. Section 12.2 The determination fees and expenses of the arbitrator arbitrator, and the cost of the hearing room shall be final and binding upon shared equally by the Company, the WGAE, and/or the represented employee(s); Town and the costs of the arbitration (e.g., arbitrator's fee, filing fees) Union. All other expenses shall be borne equally by the Company and the WGAEparty incurring them, and each neither party shall bear its own be responsible for the other costs, legal fees, party’s share of the divided cost or of the expense of witnesses or participants called by the other. Section 12.3 Grievances not timely filed at Step One shall be deemed withdrawn. The failure of the Union to observe any of the time limits set forth in Steps Two and expenses relating Three shall result in the grievance being conclusively settled according to the arbitrationTown’s most recent decision pursuant to the grievance procedure. Should the Town fail to respond within the time limits set forth in the grievance procedure, the Union shall have the right to move the grievance in a timely manner to the next step of the grievance procedure. 5. A failure to submit a grievance Section 12.4 The Union shall be considered the representative of employees covered by this Agreement for purposes of discipline, discharge, or demand arbitration in accordance with the requirements set forth above, including separation from employment until the time limits, shall permanently bar limits of the grievance and/or and arbitration procedure have been exhausted (except termination of a probationary employee shall not be subject to the arbitration as the case may beprocedure).

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint15.01 Either the Employer, controversy, dispute, the Union or claim (herein, collectively, any employee has a "grievance" or "grievances") between the parties hereto right to lodge a grievance with respect to any matter arising during the term out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that they have been unjustly dealt with respect to or that the provisions of this Agreement or its interpretation or any alleged breach thereofhave not been complied with, shall be discussed promptly have the right to place such grievances in the hands of the Union for review and in good faith adjustment by the designated representatives of Employer, if necessary. Such grievances shall be processed as follows: STEP 1: Between the parties in an effort to attain an amicable settlement. 2employee concerned, their Union representative and the Owner. All grievances The grievance must be raised in accordance with Section 1 above filed within sixty eighteen (6018) calendar working days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Owner shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the 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. STEP 2: 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 submitted by the grieving party in writing to the non-grieving party in writingowner/operator within one STEP 3: The grievance shall be forwarded to the Employer, no later than ninety which shall have one (901) calendar days after the grieving party knew or with due diligence should have known week to dispose of the circumstances giving rise to the grievance. The Company disposition shall be in writing and returned to the WGAE shall meet within ten (10) calendar days of receipt officers of the written grievanceUnion. 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. 315.03 In the case of a dismissal, a grievance may be filed by an employee who feels they were unjustly dealt with. If Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP 2. In any subsequent disposal of this case during the grievance is not resolvedprocedure, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected Employer may re-instate 15.04 Grievances concerning rates shall be handled in accordance with the Labor Arbitration rules above procedure and procedures the disposition of such grievances, if sustained, shall include the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon effective date of the Company, the WGAE, and/or the represented employee(s); increase with retro-activity thereto. 15.05 The Employer and the costs Union may file grievances commencing at STEP 3. (a) 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 arbitration parties. 15.07 Should the grievance involve the misinterpretation or alleged violation of the Agreement, either party may be free to appeal to Arbitration from STEP 3 within thirty- one (e.g.31) days from the date the decision was given at this STEP. The party requesting Arbitration shall advise the party in writing of its request, arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating together with a statement as to the arbitration. 5. A failure issue to submit a grievance or demand arbitration be arbitrated and shall include in accordance with its notice the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.names and addresses of three

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaint, controversy, dispute, The grievance/arbitration procedure provides the means by which disputes or claim (herein, collectively, a "grievance" or "grievances") problems between the parties hereto arising during which arise concerning the term application, meaning or interpretation of this Agreement with respect are to be resolved. STEP 1. The employee or the provisions of this Agreement Association on the employee's behalf shall present his/her grievance in writing on the "Official Grievance Form" or its interpretation or any alleged breach thereoffacsimile, to his/her immediate supervisor within the appropriate time limit. The grievance statement shall be discussed promptly and in good faith by include: a. The date the designated representatives grievance occurred; b. A description of the parties 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 an effort to attain an amicable settlement. 2person or by telephone, within seven (7) days of filing the grievance, unless such discussion is mutually waived. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to The supervisor shall investigate the grievance and must be submitted by the grieving party to the non-grieving party respond in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet writing within ten (10) calendar days of the grievance discussion or receipt of the grievance if discussion was waived. STEP 2. If the STEP 1 response is unsatisfactory, the Association may advance the written grievance and the STEP 1 response to the Manager at STEP 2. The grievance must be submitted within ten (10) days of either the receipt of the response at STEP 1, or the date the response was due, whichever occurs first. 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. 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 the receipt of the response at STEP 3, or the date the response was due, whichever occurs first. Arbitration. If the grievance is not resolvedsatisfactorily resolved by the Labor Relations Unit, the grieving party mayAssociation, on behalf of the grievant, may advise the Labor Relations Unit within sixty ten (6010) calendar days following 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 meeting (orprocedure the Employer fails to issue a response within the time limits set forth in this Article, if the grievance shall automatically advance to the next step of the 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 fail to meet as prescribed above, within sixty (60) calendar days of presenting understand that the written grievance), submit grievant will explain the grievance and indicate the contract provision(s) violated to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures best of his/her understanding. Beginning at STEP 1, the parties agree that the description of the American Arbitration Associationproblem will be complete and that the contract provision(s) alleged to be violated will be specifically identified. Section 5. The arbitrator parties agree to use the "Official Grievance Form" or facsimile for the processing of grievances and that beginning at STEP 2, it shall have jurisdiction and authority solely to interpret, apply, and/or determine be complete with all information required on the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4form at that Step. The determination of the arbitrator shall Official Grievance Form can be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration obtained by going to ONA’s website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ or call ONA’s office at (e.g., arbitrator's fee, filing fees▇▇▇) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration▇▇▇-▇▇▇▇. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 19.01 It is the mutual desire of the parties to this Agreement that grievances are dealt with as quickly as possible. Any complaint, controversy, dispute, or claim (herein, collectivelyFor purposes of this Agreement, a "grievance" or "grievances") grievance is defined as a difference arising between the parties hereto arising during the term of this Agreement with respect relating to the provisions interpretation, application, administration or alleged violation of this Agreement the Agreement. 9.02 It is understood that a Nurse has no grievance until he/she has first given her Director of Care or its interpretation or any alleged breach thereofdesignate the opportunity of hearing the complaint. A Nurse, with the assistance of her Union representative, if she so desires, shall be discussed promptly and in good faith by the designated representatives discuss a complaint with his/her Director of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above Care or designate within sixty five (605) calendar working days after the grieving party knew or with due diligence should have known of 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 on an ONA Grievance Form and shall identify the nature of the grievance and must 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 the decision in Step One, the grievance may be submitted by the grieving party in writing to the non-grieving party in writing, no later than ninety (90) calendar days after Director of Nursing and Human Resources. A meeting will then be held between the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company Management Committee and the WGAE shall meet Grievance Committee within ten (10) calendar working days of receipt the submission of the written grievance. 3. If the grievance is not resolvedA decision shall be given, the grieving party mayin writing, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.ten

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, difference, controversy or claim (herein, collectively, a "grievance" or "grievances") grievance arising under this Agreement between the parties hereto arising during or between any Employer and the term Union or any of its members must first be submitted in writing by the party claiming to be aggrieved to the other party within 120 days from the date the party knows or reasonably should have known that a violation of this Agreement with respect has occurred, except for grievances involving suspensions without pay and discharges of non-resident employees, which must be submitted within 45 days. Grievances involving the discharges of Superintendents and other resident employees must be submitted within 15 days of the date the notice of termination or to vacate is delivered to the provisions resident employee and shall be deemed simultaneously submitted for Step 1 and for arbitration to the Office of the Contract Arbitrator (OCA), located at the time of this Agreement or its interpretation or any alleged breach thereofat ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, shall be discussed promptly ▇▇▇▇▇ ▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, pursuant to OCA’s rules and in good faith by the designated representatives procedures for superintendent discharge cases. (a) Step 1 - Within fourteen (14) days of notice of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after grievance the grieving party knew or with due diligence should have known business representative of the circumstances giving rise Union and the Employer must confer to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known discuss a resolution of the circumstances giving rise to the grievance. If no agreement is reached, the parties shall proceed to Step 2. (b) Step 2 - The Company grievance shall be scheduled for the next meeting between a representative of the BRAB and the WGAE Union. If no agreement is reached, the parties shall meet proceed to Step 3. (c) Step 3 – Except as otherwise established for grievances involving the discharges of resident employees, either party within ten fourteen (1014) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), Step 2 may submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration OCA pursuant to OCA’s rules and procedures procedures. The cost of the American Arbitration Associationarbitrator’s fee shall be evenly divided between the Employer and the Union, provided however, that if the arbitrator finds that the Employer withheld an economic benefit from the grievant in bad faith, the Employer shall be responsible for 100% of the arbitrator’s fees. The arbitrator shall have jurisdiction and authority solely be required to interpretgrant one adjournment for either party if they fail to appear at arbitration. The next mutually acceptable scheduled date may be marked peremptorily against the party that failed to appear. If that party again fails to appear on the adjourned date, applythen the arbitrator is hereby authorized to render a decision based on the testimony of the party appearing. The non- appearing party, and/or determine however, shall be required to pay the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionfull fee charged by the arbitrator. 42. The determination decision and/or award of the said arbitrator shall be final and binding and shall be enforceable under the laws of the State of New York. 3. It is understood that the arbitrator shall have no authority to add to, subtract from, or modify the provisions of this Agreement and shall confine his decision to a determination based upon the Companyfacts presented. 4. All grievants or witnesses who are subpoenaed to appear at an arbitration shall be paid their normal wages, provided, however, that their appearance shall not interfere with the WGAE, and/or the represented employee(s); and the costs normal operations of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationbuilding. 5. A failure The parties shall use their best efforts to submit maintain a grievance panel of at least four (4) arbitrators. The parties will jointly designate the arbitrators in writing and will promptly designate replacement arbitrators stricken from the panel or demand who resign. This process shall not be subject to arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may beunder this Agreement.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFull-Time and Part-Time 8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation 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 any alleged breach thereofdischarge, 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 promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his or her immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to him or with due diligence should have known her. 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 immediately preceding step, the grievance shall be submitted in writing to 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 circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintHaving a desire to create and maintain harmonious labor relations, controversy, dispute, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising during the term between them involving questions of this Agreement with respect to the interpretation or application of terms and provisions of this Agreement or its interpretation or any alleged breach thereof, Agreement. All presentations of grievances shall be discussed promptly submitted to the Employer in writing at each step and in good faith must include: 1. Name of employee(s)/Union grieving; 2. Dates of the action(s); 3. The step of the grievance; 4. A complete statement of the grievance and facts upon which it is based; 5. Contractual rights claimed to have been violated; 6. And specific remedy or correction requested. 1. Time limits at any stage of the grievance procedure may be extended by the designated representatives written mutual agreement of the parties in an effort to attain an amicable settlementat that step. Steps of the grievance procedure may be skipped by mutual agreement of the union and the employer. 2. All grievances must A grievance not filed or advanced by the grievant within the time limits provided shall be raised in accordance with Section 1 above within sixty (60) calendar days after deemed permanently withdrawn as having been settled on the grieving party knew or with due diligence should have known basis of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievancedecision most recently received. 3. If Failure of the grievance is not resolved, part of the grieving party may, Employer's representative to answer within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit time limit set forth in any step will advance the grievance to arbitration before an impartial arbitrator selected the next step in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionprocedure. 4. The determination An appointed authority may replace any titled position in the grievance procedure, provided that such appointee has authority to act in the capacity of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationperson being replaced. 5. A failure to submit In the event of a grievance or demand arbitration in accordance with classification-related grievance, the requirements set forth above, including the time limits, statutory classification appeal route shall permanently bar be followed wherein the grievance and/or may be submitted to the arbitration Board of Personnel Appeals for final resolution. Where a question arises as to whether the case matter falls under the jurisdiction of the Board or could possibly be arbitrated, the matter may bebe referred to the Board for a decision.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintDefinition: For purposes of this Agreement, controversy, a grievance is defined as any dispute, question or claim (herein, collectively, a "grievance" controversy concerning the meaning or "grievances") between the parties hereto arising during the term application of this Agreement with respect (unless otherwise pot subject to this grievance procedure and excluding jurisdictional disputes), a grievance may be raised by an EMPLOYEE, the UNION or the EMPLOYER and shall be subject to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall following procedure: Step 1: A grievance will first be discussed promptly and in good faith by the designated representatives grievant, the Shop ▇▇▇▇▇▇▇ or alternate Shop ▇▇▇▇▇▇▇, and the General Manager of the parties in an effort to attain an amicable settlement. 2EMPLOYER or his designated representative. All grievances must The grievance most be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party presented, in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar working days after the alleged contract violation has occurred or been discovered. Step 2: If a satisfactory settlement is not reached within five (5) working days after the grievance is presented in Step 1, a Union Business Representative, and a member of receipt senior management of the written grievanceEMPLOYER shall meet and attempt to resolve the matter within ten (10) working days after the five (5) working day period expires. Step 3. : If the grievance is not resolvedremains unsolved after the Step 2 meeting, The UNION or the grieving EMPLOYER may submit a demand in writing (within 10 days after the Step 2 meeting) with a copy to the other party may, within sixty to the American Arbitration Association (60AAA) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days for time selection of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with to resolve the Labor Arbitration grievance, pursuant to the rules and procedures regulations of the American Arbitration Associationassociation, Failure to submit a timely arbitration demand shall bar subsequent processing of the grievance. AAA must be notified upon demand for arbitration that all submitted arbitrators must be a member of the National Academy of Arbitrators. The time limits specified in this Article may be extended by mutual agreement, which shall not be unreasonable withheld. Agreements to extend the time limit set forth in this Article -shall be put in writing. The arbitrator shall have jurisdiction and authority solely no power to interpretadd to, applysubtract from, and/or determine the meaning of or change any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination fees and expenses of the arbitrator and (he Association Shall be shared equally by the EMPLOYER and the UNION. The decision of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationon all parties. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint2001 A grievance shall mean any difference relating to the meaning, controversy, dispute, application or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term alleged violation of this Agreement with respect to agreement and shall be in writing setting out all of the provisions particulars. For all grievances other than dismissal and suspension, the grievance must be filed within fifteen (15) working days of this Agreement or its interpretation or any the alleged breach thereofviolation becoming apparent. 2002 Grievance Process: Step 1: Within fifteen (15) working days of the filing of the grievance, the grievance shall be discussed promptly and in good faith with the Executive Director by the designated representatives grievor or the grievor accompanied by the Union Representative. The Executive Director will have ten (10) working days from the date of the parties this discussion in an effort which to attain an amicable settlementrender a decision. Step 2. All grievances must : If not resolved in Step 1, the grievance may be raised submitted in accordance with Section 1 above within sixty (60) calendar days after writing by the grieving party knew or with due diligence should have known of the circumstances giving rise Union Representative to the grievance and must be submitted by the grieving party to the nonBoard of WAPSO-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet IFPTE Local 162 within ten (10) calendar days of the disposition of the matter in Step 1. The President or designate shall investigate the matter and submit a report to the WAPSO Board within ten (10) working days and the WAPSO Board shall have a further ten (10) working days after receipt of the written grievance. 3report to render a decision. 2003 If the grievance is not resolved, resolved at the grieving party may, within sixty (60) calendar days following above step 2 then the grievance meeting may be submitted for arbitration. 2004 An employee wishing to grieve a dismissal or suspension must file the grievance within five (or, if 5) working days of receipt of notice of dismissal or suspension. In such cases the grievance procedure will commence at Step 2. 2005 All grievances shall be considered and settled on their individual merits. The time limits specified above may be extended by the mutual agreement of the parties fail as confirmed in writing. 2006 An incident shall be deemed to meet as prescribed above, have become apparent at the time when a reasonable person might reasonably have become aware of it. 2007 Nothing contained in this agreement shall preclude settlement of a dispute or grievance in any matter whatsoever by mutual agreement between the Employer and the Union. 2008 The following arbitrators will be used in rotation: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ In the event the arbitrator assigned in rotation is unable to hear the arbitration within sixty one hundred twenty (60120) calendar days of presenting the written grievance)case being referred, submit then the grievance shall be referred to arbitration before an impartial the next arbitrator selected in accordance with rotation who can hear the Labor Arbitration rules and procedures case within the one hundred twenty (120) day time limit. 2009 The decision of the American Arbitration AssociationArbitrator is final and binding. The arbitrator 2010 Each party shall have jurisdiction pay: - One-half the fees and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination expenses of the arbitrator shall be final and binding upon the CompanyArbitrator. - All expenses incurred by it, the WGAEwhether for witnesses, and/or the represented employee(s); and the costs attendances of the arbitration (e.g.witnesses, arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationexhibits or otherwise. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, difference. or claim (herein, collectively, a "grievance" grievances affecting or "grievances") between arising out of the parties hereto arising during the term interpretation or administration of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, agreement shall be discussed promptly and in good faith adjusted. if possible. by the designated representatives negotiations between appointed Representatives of the parties in an effort Employer and Trade Union. A meeting to attain an amicable settlement. 2. All grievances must any such dispute or grievance shall be raised in accordance with Section 1 above called within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the dispute or grievance and must shall endeavour to reach a decision within two (2) days thereafter Where a difference arises between any of the Parties hereto relating to the interpretation, application or administration of this agreement including any questions as to whether a matter arbitrable, either of the Parties may, after exhausting the grievance procedure described above, notify the other Party in writing of the desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the nominee of the Party wishing to bring the matter to Such written notice shall also state the matter or matters dispute to be submitted with by the grieving party Arbitration Board and what relief, if any is claimed by the Parties requesting arbitration. The Party receiving such notice shall within five (5) days, advise the other Party of the name of its nominee to the non-grieving party Arbitration Board. The two nominees so selected shall. within five (5) days of the appointment of the second of them appoint a third Party who shall act as Chairman of the Arbitration Board. If the recipient of the notice fails to appoint an Arbitrator, or if the two appointees to agree upon a Chairman within the limit set out herein, the appointment shall be made by the Minister of Labour for Ontario upon request of either Party. The Arbitration Board shall hear and determine the difference or differences between the Parties and shall issue a decision in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator which decision shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); Parties and the costs upon any employee affected. The decision of a majority of the arbitration (e.g., arbitrator's fee, filing fees) Board shall be borne equally the of the Board and ifthere is no majority the decision of the Chairman shall govern. However. it understood that the authority of the Arbitration Board or the decision made by such Board is limited in that there shall be no alteration to or subtraction from or modification or amendment to any part of this Agreement. The fees and expenses of the shall be one-half by the Company Union and one-half by the WGAE, and each party Employer. Any other costs or expenses in connection with such arbitration shall bear its own other costs, legal fees, and expenses relating to be by the arbitrationParty incurs them. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaint, controversy, dispute, A grievance is defined as any dispute concerning the application or claim (herein, collectively, interpretation of a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives specific provision of the parties in an effort to attain an amicable settlementAgreement. 2Step 1. All grievances The grievance must be raised in accordance with Section 1 above within sixty (60) calendar days after reduced to writing and describe the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise events which led to the grievance, the specific provision(s) of the contract alleged to have been violated and the relief requested. The Company and grievant(s) and/or the WGAE shall meet Union ▇▇▇▇▇▇▇ will file the grievance with the immediate supervisor within ten thirty (1030) calendar days of receipt the occurrence. If the grievance is not reduced to writing and submitted within thirty (30) calendar days of the occurrence, then the grievance shall be deemed to have been waived as untimely. The supervisor will meet with the Union within fourteen (14) calendar days of written grievancesubmission. The supervisor will provide an answer in writing within seven (7) calendar days following such meeting. If the grievance is not settled, then the Union can appeal the grievance to the next step within fourteen (14) calendar days of the supervisor’s written answer. Step 2. The grievant(s) and the Union ▇▇▇▇▇▇▇ will meet with the Human Resources Director or his or her designated representative within seven (7) calendar days of when the grievance was appealed at Step Two. The Human Resources Director or designated representative will give her answer in writing within seven (7) calendar days of when the meeting occurred. Step 3. If the grievance is not resolved, settled at Step 2 then the grieving party may, within sixty (60) calendar days following Union can appeal the grievance meeting to the employer’s Chief Administrative Officer or his/her designated representative within seven (or, if the parties fail to meet as prescribed above, within sixty (607) calendar days of presenting the written grievance), Human Resources Director’s decision. The grievant(s) and the Union ▇▇▇▇▇▇▇ will meet with the Chief Administrative Officer or the designated representative within seven (7) calendar days. The Chief Administrative Officer or designated representative will give his/her answer in writing within seven (7) calendar days of when the meeting occurred. The Union can submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures within thirty (30) calendar days of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionwritten answer at step three (3). Step 4. The determination of grievance will be submitted to arbitration with notice to the Employer and an arbitrator shall will be final and binding upon appointed by the Company, the WGAE, and/or the represented employee(s); and the costs parties alternately striking names from a list of Section 2. If either party desires a verbatim recording of the arbitration proceedings, it may cause such a record to be made. If the other party desires a copy of such verbatim recording, both parties shall jointly share the cost of the transcript and the cost of all copies. Unless otherwise agreed to, in writing, only single grievances may be presented to any one (e.g., 1) arbitrator's fee, Section 3. A probationary employee disciplined or terminated during his/her probationary period shall not be entitled to invoke the grievance and arbitration procedure to contest such discipline or determination. Nothing in this Article will preclude an employee from filing fees) shall be borne equally a charge of discrimination with the Bureau of Labor and Industries or EEOC. Section 4. It is understood and agreed to by the Company and parties that the WGAEprovisions of the arbitration section of this Agreement shall not be available in the event of any dispute regarding the establishment of pay rates for newly created positions. Section 5. If either party fails to answer the grievance within the time limits mentioned above, and each party shall bear its own other costs, legal fees, and expenses relating the grievance will automatically advance to the arbitrationnext step. 5Section 6. A failure All references to submit a grievance or demand arbitration in accordance with the requirements set forth abovenumber of days, including the time limitsunless otherwise indicated, shall permanently bar the grievance and/or the arbitration as the case may beare calendar days.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, 8.1 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the administration or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term 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 the members of the Union’s grievance committee in order to investigate and participate in grievance matters may spend a reasonable amount of time and the Union agrees that the members of its committees will co-operate with respect 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. 8.2 Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement Agreement, or its interpretation or any alleged breach thereofan employee who feels he had been unjustly dealt with, the following procedure shall be discussed promptly followed: Step 1: The grievance shall be in writing, copy of which shall be given to the Branch Supervisor and in good faith by to the designated representatives of the parties in an effort to attain an amicable settlement. 2employee’s representative. All grievances The grievance must be raised in accordance with Section 1 above presented to the Branch Supervisor within sixty fifteen (6015) calendar days after the grieving party knew or with due diligence should have known occurrence of the circumstances giving rise matter complained of and the Branch Supervisor shall answer the grievance presented to him in writing within five (5) working days after he has received it. The grievance must be in a legible form and signed by the employee. Step 2: If the matter has not been settled, the Union representative of the employee involved may, within five (5) working days after receiving the written answer from the Branch Supervisor, present the grievance in writing to the Location Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. Step 3: If the matter is not settled, the Chairperson and/or his representative may present the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew Area General Manager or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet his nominee within ten (10) calendar working days after receiving a written decision of the Location Manager or his nominee. Following the presentation of the grievance at this Step there shall be a meeting arranged between management, the grievance committee (consisting of two (2) members only) and the employee that will take place ten (10) working days after the grievance has been presented to the Area General Manager or his nominee. The Area General Manager shall give a written response to the grievance within five (5) working days of receipt of the written grievancemeeting. 3. Step 4: If the grievance matter is not resolvedsettled, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit Chairperson and/or his representative may present the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures Director of Labour Relations or his nominee within ten (10) working days after receiving a written decision of the American Arbitration AssociationArea General Manager or his nominee. Following the presentation of the grievance at this Step there shall be a meeting arranged between management, the grievance committee (consisting of two (2) members only) and the employee that will take place ten (10) working days after the grievance has been presented to the Director of Labour Relations or his nominee. The arbitrator Director of Labour Relations shall have jurisdiction and authority solely give a written response to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination grievance within five (5) working days of the arbitrator shall meeting. Upon mutual consent, a Federal Mediator may be final requested to resolve grievances after Step 4 and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating prior to the arbitration. 5. A failure to submit 8.3 a) Failing a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar satisfactory settlement at Step 4 of the grievance and/or procedure, it shall be the responsibility of the party desiring arbitration as to so inform the case may beother party, in writing, within ten (10) working days after the Director of Labour Relations’ response.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, grievance or dispute, or claim (herein, collectively, a "grievance" or "grievances") which may arise between the parties hereto arising during concerning the term application, meaning and interpretation of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereofAgreement, shall be discussed promptly and in good faith by settled pursuant to the designated representatives terms of this Article. The purpose of the parties procedure set forth hereinafter is to produce prompt and equitable solutions to those problems, which from time to time may arise and affect the conditions of employment of the employees covered by this Agreement. The Employer and the Union desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved. A custodian with a grievance will first discuss it within seven (7) working days of the receipt date of the grievance, with the Facilities Manager responsible for their supervision. The objective of the meeting will be to resolve the matter informally. Any other employee covered herein will first discuss the grievance with their Supervisor within the seven (7) working days of the receipt date of the grievance. The objective of the meeting will be to resolve the matter informally. In either instance, the Union ▇▇▇▇▇▇▇ may be present. If the grievance is not satisfactorily resolved at Step One, the employee may, with the Union Steward’s concurrence, present the matter in writing to the Director of Public Facilities within seven (7) working days following such Step One discussion. The Director of Public Facilities shall, within seven (7) working days of receipt, notify and meet with the aggrieved employee and the Union ▇▇▇▇▇▇▇ in an effort to attain an amicable settlement. 2resolve the matter. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known The Director of the circumstances giving rise Public Facilities shall render a decision to the grievance and must be submitted by in writing within seven (7) working days. If the grieving party grievance is not satisfactorily resolved at Step Two, the Union ▇▇▇▇▇▇▇ may present the grievance in writing to the non-grieving party in writing, no later than ninety Town Administrator within seven (907) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar working days of receipt of the written grievance. 3response of the Director of Public Facilities. The Town Administrator shall render their decision to the grievance in writing within fourteen (14) working days of receipt. A meeting shall be held at every level of this grievance procedure. If the grievance is has not resolvedbeen satisfactorily resolved at Step Three, the grieving either party may, within sixty thirty (6030) calendar days following days, notify the grievance meeting (or, if other party of its intent to arbitrate. Selection of an arbitrator shall be by mutual consent of the parties. In the event that the parties fail are unable to meet as prescribed aboveagree on an arbitrator, within sixty (60) calendar days a list of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of five qualified arbitrators will be requested from the American Arbitration Association. The From this list, the Union and the Employer will in turn strike the name of an arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4until there is only one remaining name. The determination last remaining arbitrator will be used. The parties to this Agreement will equally share the cost of the arbitration proceedings. The findings of the arbitrator shall will be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationboth parties. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation 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 any alleged breach thereofdischarge, 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. Complaint Stage Such complaint shall be discussed promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his or her immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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/employee shall submit the grievance, in writing, no later than ninety and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to him or with due diligence should have known 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 (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and Union Representative(s) who may be accompanied by the Union ▇▇▇▇▇▇▇(s) or Grievance Committee as applicable of the circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 19.1 Should differences of any kind arise between any Contractor and the Union or any employees as to the interpretation, application or claimed breach of any of the terms of this Agreement, all such differences shall be submitted to the grievance procedures herein provided. Any complaintIt is specifically agreed that there will be no lockouts, controversy, dispute, strikes or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising stoppage of any work of any sort during the term of this Agreement with respect Agreement. 9.2 Any employee who has a grievance shall promptly report the same to the provisions of this Agreement Contractor or its interpretation or any alleged breach thereofto his/her ▇▇▇▇▇▇▇ who shall present the grievance to the Contractor and attempt to effect a settlement. In the event the grievance is not settled between the ▇▇▇▇▇▇▇ and the Contractor, the same shall be discussed promptly taken up between the authorized Business Representative of the Union and the Contractor. 9.3 If any grievance is not settled as provided above, then either the Union or the Contractor may submit the grievance to the Joint Grievance Board herein provided for; provided, however, the grievance must be submitted in good faith writing to the Board not later than thirty (30) days from the date of the event or happening upon which the grievance is based. All employee grievances shall be signed by the designated representatives employee and an authorized representative of the parties in an effort to attain an amicable settlementUnion. 9.4 A Joint Grievance Board shall be created consisting of two (2) representatives selected by the Association and two (2) representatives selected by the Michigan Laborers' District Council. All grievances must be raised in accordance with Section 1 above within sixty four (604) calendar days after the grieving party knew or with due diligence should have known members of the circumstances giving rise to the grievance Board shall constitute a quorum and must be present at all hearings. 9.5 The duty of the Joint Grievance Board shall be to hear all grievances submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known Board. Decisions of the circumstances giving rise to Board shall be reached by a majority vote of the grievanceentire Board. The Company decisions of the Board shall be final and binding on the Contractor, Union and the WGAE shall meet employee or employees involved. 9.6 If the Joint Grievance Board cannot settle or adjust a grievance or dispute within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolvedworking dues, the grieving party may, matter shall be submitted to a disinterested arbitrator who shall be selected by and be acceptable to the Joint Grievance Board. In the event the Board is unable to mutually agree upon an arbitrator within sixty five (605) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. from the 9.7 The arbitrator shall confine his/her decision to the dispute in question, and he/she shall have jurisdiction and no authority solely to interpretadd to, applysubtract from, and/or determine or in any way modify the meaning of any provision terms of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator arbitrator's decision shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); Contractor and the costs Local Union and the Employee or Employees involved. 9.8 It is mutually agreed that the provisions of this Article shall not apply if the arbitration (e.g.dispute arises over failure or refusal of a Contractor to pay the wage rates, arbitratorovertime, health care payments, pension payments, vacation payments or Laborers' Training Fund and LECET contributions provided for in this Agreement, provided, however, that any dispute involving a particular employee's feeproper wage rate classification or eligibility to receive overtime pay, filing fees) health care payments, pension payments, vacation payments or Laborers' Training Fund and LECET Contributions shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating subject to the arbitrationprovisions of this Article. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Landscape Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFull-Time and Part-Time For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. At the time formal discipline is imposed or its interpretation at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or any alleged breach thereofdischarge, 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 promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety and signed by him, to his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five (905) calendar days after following the grieving party knew or with due diligence should have known 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 immediately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the circumstances giving rise to Hospital or the grievancedesignated Hospital representative. A meeting will then be held between the Chief Executive Officer of the Hospital or the designated Hospital representative and the designated union representatives who may be accompanied by the general representative of the Union, within five (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10IO) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days date of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionsuch meeting. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, 21.1 Should a "grievance" or "grievances") dispute arise between the parties hereto arising during Company and any Employee regarding the term application, operation, interpretation or alleged violation of this Agreement with respect Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the following manner: STEP 1: A grievance by an Employee shall first be submitted to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith Employee's supervisor by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty Employee and his/her Union representative as soon as possible, but not later than ten (6010) calendar working days after the grieving party knew or with due diligence should alleged grievance has occurred. The supervisor shall have known three (3) working days to reply to the grievance. STEP 2: When a grievance has not been settled at Step 1, the Employee and/or his/her Union Representative shall present the grievance to the Human Resources Manager within five (5) working days after completion of Step 1. The grievance shall be submitted in writing on a standard record of grievance form and shall include: (a) grievor's name and occupation (b) supervisor's name (c) date of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance; (d) nature of the grievance (e) the remedy sought from the Company (f) Identification of the Article(s) allegedly violated. The Company Human Resources Manager shall have five (5) working days to reply to the grievance. STEP 3: When a grievance has not been settled at Step 2, the Union representative may present the grievance to the Company's Vice President and General Manager or his/her designate within five (5) working days of the WGAE expiration of Step 2. The Company's Vice President and General Manager or his/her designate shall meet have five (5) working days to reply to the grievance. STEP 4: When a grievance has not been settled at Step 3, either party may refer the grievance to arbitration within ten thirty (1030) calendar days from the expiration of receipt Step 3. 21.2 If any alleged violation of this Agreement affects more than one (1) Employee or affects the interests of the written grievanceUnion as a party to the Agreement, the Union may sign and file the grievance on behalf of the Employee(s) specifying the alleged violation of the Agreement. Such grievance shall be processed at Step 2 within five (5) working days of the alleged violation having occurred or when it should reasonably have been known to the Union. 321.3 The Company may file a grievance in like manner as the Union may in 21.2 herein. 21.4 When a party invokes arbitration, it shall give notice in writing to the other party within the time limit and at the same time shall notify the next arbitrator on the following list: (a) ▇▇▇▇▇ ▇▇▇▇▇ (b) ▇▇▇▇▇ ▇▇▇▇ (c) ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ (d) ▇▇▇▇▇ ▇▇▇▇▇▇ While the intent is to have a new arbitrator at each of the four arbitrations, that is subject to the availability of each arbitrator. If an arbitrator selected from the grievance preceding list is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, available for a hearing within sixty (60) calendar days of presenting his/her being named by the written grievance)grieving party, submit the grievance shall be referred to arbitration before an impartial the arbitrator selected in accordance with who is the Labor Arbitration rules most readily available. 21.5 The Arbitrator shall hear and procedures determine the difference and shall render his/her decision within a maximum of the American Arbitration Association. The sixty (60) calendar days following a hearing. 21.6 An arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine be governed by the meaning of any provision provisions of this Agreement, Agreement and shall not have no power the right to change, add to, or subtract from make any provision. 4decision contrary to those provisions. The determination decision of the arbitrator shall be final and binding upon the Companyon both sides. 21.7 If it is alleged that an Employee has been discharged or suspended without just cause, the WGAEgrievance shall start at Step 3 within five (5) working days. 21.8 If a grievance is not pursued within the time limits as set out in this Article, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) grievance shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationconsidered abandoned. 5. A failure to submit 21.9 If either party withdraws a grievance or demand arbitration grievance, it shall immediately notify the other party in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may bewriting.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaint, controversy, dispute, grievance or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising dispute which may arise during the term of this the Agreement with respect to concerning the provisions application, meaning, or interpretation of this Agreement shall be processed in the following manner: STEP 1. The professional employee, either alone, or accompanied by a SCUPA representative, or SCUPA through its interpretation or any alleged breach thereofrepresentative, where entitled, shall be discussed promptly and present the grievance in good faith by writing to the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above Employer’s worksite designee within sixty twenty-five (6025) calendar days after of the grieving party date of the occurrence giving rise to the dispute, or when the professional employee knew or with due by reasonable diligence should have known of the circumstances giving rise occurrence. The grievance submission at Step 1 shall include the following items: a. the name of the grievant; b. the nature of the grievance; c. specific contract provisions allegedly violated which may be amended up to the submission of the grievance at Step 3; d. corrective actions requested and reasons for such action; and e. name of designated SCUPA representative, if any. In addition, in order for the grievance(s) to be discussed at Step 1, the respective Employer worksite designee must have received a written confirmation of the grievance(s) at least fifteen (15) calendar days prior to the prescheduled Step 1 meeting. This period may, however, be extended by mutual agreement. In the case of discharge or continuing liability grievances, such grievances may be discussed at an interim Step 1 meeting on a date that has been mutually agreed upon between the parties. The parties agree the respective Employer worksite designee and the SCUPA counterpart must schedule and meet on a monthly Step 1 basis, if necessary, in order to attempt to resolve all outstanding grievances. At the Step 1 meeting, the parties will advise each other of all of the then known facts, including witnesses, and furnish copies of relevant reports or investigations upon which the party will rely in proving and /or supporting its respective position. When special circumstances preclude the disclosure of confidential student information at the Step 1 meeting, the case will be handled in accordance with the agreed upon procedures to be developed by the State System and SCUPA. Any agreed upon final settlement of a grievance reached at Step 1 shall be reduced to writing and signed by SCUPA and the Employer worksite designee. Decisions at Step 1 shall not be used as precedent for any subsequent case. After the Step 1 meeting has been held, and the then known information the parties intend to rely on to support their respective positions has been discussed and exchanged, the respective Employer worksite designee must make a written disposition of the matter to SCUPA within fifteen (15) calendar days from the date of the Step 1 meeting. In the event the grievance is not resolved at Step 1, any later discovered or developed evidence, not previously disclosed to the other party at the Step 1 meeting must be submitted received by the grieving party to the non-grieving party other side as soon as practical after discovery and/or development, but in writing, no event later than ninety forty-eight (9048) hours before the Step 2 hearing. (See Rule 4, Section 3 of the Rules of the Accelerated Grievance Procedure for Exceptions). STEP 2. If the Step 1 response is not satisfactory, or a response has not been received by SCUPA within fifteen (15) calendar days of the Step 1 Meeting, SCUPA shall have fifteen (15) calendar days after the grieving party knew Employer’s response is received or due, to appeal the decision by filing its grievance with due diligence should have known of the circumstances giving rise to the grievanceJoint State Committee (Committee). The Company Such submission shall be made in writing, and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected be filed in accordance with the Labor Arbitration rules and established procedures with the Office of the American Arbitration AssociationChancellor, Labor Relations. Failure of SCUPA to submit grievances to the Committee within the fifteen (15) calendar day appeal period specified above shall be cause for the Employer to consider the grievance withdrawn. When such filing (docketing) occurs, the docketing agent for the Committee (Chancellor’s Office) will furnish official notice confirming the docketing of all cases scheduled to be heard by the Committee, along with the date, place, and time of the scheduled meeting to: the Office of the Chancellor, Labor Relations; the affected university; and SCUPA’s Mechanicsburg office. The arbitrator Committee shall have jurisdiction the right to hear testimony from both parties, consider all relevant facts and authority solely render a final and binding decision. Each case shall be considered on its merits and the collective bargaining agreement shall constitute the basis upon which the decision shall be rendered. The Committee shall neither add to, subtract from, nor modify the provisions of the Agreement. The Committee shall be confined to interpretthe precise issue submitted, apply, and/or determine as outlined on the meaning of any provision of this Agreementoriginal grievance form, and shall have no power authority to changedetermine any other issues not so submitted. If the Committee is unable to reach a decision by majority vote, add to, or subtract from any provisionthe matter will be considered “deadlocked. 4. The determination ” A majority decision of the arbitrator Committee shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs on both parties. Decisions of the arbitration (e.g.Committee shall operate as precedent, arbitrator's fee, filing fees) unless otherwise specifically noted. A reasonable number of witnesses shall be borne equally by permitted to attend Committee meetings without suffering the Company and loss of any pay, when their presence is required because of the WGAEState System’s refusal to accept the witnesses’ written statements, and each party as provided for in the Rules of the Accelerated Grievance Procedure. ▇▇▇▇▇▇▇▇▇ shall bear its own other costs, legal fees, and expenses relating to be treated in exactly the arbitration. 5same manner as witnesses under this procedure. A failure to submit professional employee, who presents a grievance or demand arbitration sits on the Committee Panel, shall do so without loss of pay or leave, provided SCUPA has indicated their desire to have that person participate in accordance the procedure. The number of employees so designated shall not be abused. All leave granted under the provisions of this Article shall be granted consistent with the requirements maintenance of the Employer’s efficient operations. The Committee will function under the Rules of the Accelerated Grievance Procedure agreed upon by the parties. SYSTEM-WIDE GRIEVANCES SCUPA may present grievances concerning System-wide actions directly to Step 2 within twenty-five (25) calendar days of the date of the occurrence giving rise to the dispute, or the date when SCUPA knew, or by reasonable diligence should have known, of its occurrence. However, SCUPA will meet with the official Office of the Chancellor designee prior to any hearing on such grievances, in order to resolve any factual disputes relating to such System-wide grievances. At any time after Step 2 and prior to Step 3 of this grievance procedure, the parties, by mutual agreement, may invoke the services of the Pennsylvania Bureau of Mediation to attempt to adjust a grievance to the mutual satisfaction of the Employer and the Association. By its own terms, this mediation is nonbinding unless the Association and the Employer mutually agree in writing that it be binding. A request for mediation shall not act as a waiver of either party’s rights and during the pendency of mediation all timelines set forth aboveherein shall be held in abeyance. STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by SCUPA by written notice of the intent to proceed to arbitration. This notice must be sent within fifteen (15) calendar days after the deadlocked decision from Step 2 to the Office of the Chancellor, including Labor Relations. An impartial arbitrator is to be selected by agreement between the time limits, shall permanently bar respective Co- Chairpersons of the grievance and/or Committee within fifteen (15) calendar days after the arbitration as the case may be.notice has been

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintand all disputes, controversycontroversies, disputeclaims, grievances or claim (hereinallegations of contractual violations arising under this Collective Bargaining Agreement and every contract or agreement between MANAGEMENT and every AGMA-represented employee, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement and/or with respect regard to the provisions interpretation and enforcement thereof, (hereinafter ‘grievances’) and all questions of this Agreement or its interpretation or any alleged breach thereofarbitrability, shall be discussed promptly exclusively resolved pursuant to the following Grievance and in good faith Arbitration Provision, which shall also be deemed to be incorporated by the designated representatives of the parties in an effort to attain an amicable settlementreference into every contract or agreement between MANAGEMENT and every AGMA-represented employee. 2. All grievances must Any such grievance shall be raised communicated by AGMA to MANAGEMENT or by MANAGEMENT to AGMA within thirty (30) days of its occurrence or the discovery of its occurrence (whichever is later) by AGMA or by MANAGEMENT. Such communication shall be in accordance with Section 1 above writing and directed to MANAGEMENT’s General Director or AGMA’s National Executive Director, or their designees. Thereafter, MANAGEMENT’s General Director or their designees and AGMA’s Staff Representatives shall discuss the grievance informally in an attempt to resolve it to their mutual satisfaction. If, within sixty thirty (6030) calendar days after following the grieving party knew or with due diligence should have known communication of the circumstances giving rise grievance, such informal discussions have not resulted in a settlement of the grievance, then by the thirty-seventh (37th) day following the communication of the grievance, MANAGEMENT’s General Director and AGMA’s Staff Representatives shall meet, along with another representative of MANAGEMENT and another representative of AGMA, to discuss the grievance and must be submitted by the grieving party in a formal grievance meeting, in an attempt to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written resolve that grievance. 3. If that meeting fails to occur by the thirty-seventh (37th) day or if no resolution of the grievance is not resolvedcan be reached at that meeting, the grieving then either party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit can refer the grievance to final and binding arbitration. 4. For purposes of this provision, days shall mean calendar days. B. Any such arbitration before an impartial arbitrator selected shall be conducted in accordance with the then-current Rules of Voluntary Labor Arbitration rules and procedures of the American Arbitration AssociationAssociation (“AAA”) and any arbitration shall be held in Washington, DC. The arbitrator shall have jurisdiction Arbitrator’s Decision and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator Award shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); binding. The Arbitrator’s fees and the costs of the arbitration (e.g., arbitrator's fee, filing fees) any AAA fees shall be borne equally by MANAGEMENT and AGMA. The Arbitrator shall not be empowered to change any provision of the Company collective bargaining agreement or any provision of any contract or agreement between MANAGEMENT and the WGAEan AGMA-represented employee, and each party but shall bear its own other costsdetermine whether or not a violation or breach of such agreement(s) has occurred and, legal feesif so, and expenses relating to the arbitrationwhat if any remedy shall be ordered. 5. A failure C. Upon request of MANAGEMENT, AGMA agrees to submit a grievance or demand aid in the enforcement of any arbitration award against its members by proper disciplinary action in accordance with the requirements award, and applicable law. ARTICLE XLI - FORCE MAJEURE‌ It is agreed that if MANAGEMENT cannot perform or rehearse because of fire, accident, strikes, riot, acts of God, war, acts of terrorism, the public enemy, or if the local police or fire authorities evacuate the premises, or for any other cause of the same general class which could not be reasonably anticipated or prevented, MANAGEMENT shall notify ARTIST thereof, in writing, and thereafter ARTIST shall receive the Per Diem or hotel plus meal allowance, as appropriate, set forth aboveherein for all days ARTIST is required to remain in city of origination during force majeure and any added days because of a practical impossibility to leave such city and to return to ARTIST’s domicile. Should any of the foregoing conditions continue for a period of ten (10) days or more after such notice to ARTIST, including either party may terminate this contract and MANAGEMENT will pay for all services rendered to date, and for transportation back to ARTIST’s domicile in the time limitsevent the company is out of town at the time. The term “war” shall not include a war in which the USA is not a party, shall permanently bar unless such a war between foreign governments affects the grievance and/or USA in such a way as to make the arbitration as execution of this contract impossible or unfeasible. Should MANAGEMENT invoke the case may be.provisions of this Article because of the war,

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint20.1 The System and the Association pledge their active, controversyaggressive, dispute, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term and continuing efforts to secure prompt disposition of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall grievances and agree that most disputes can be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlementsolved through oral discussion. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after 20.2 In the grieving party knew event of any controversy concerning the meaning, application or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning alleged violation of any provision of this AgreementAgreement not expressly excluded from grievance and arbitration procedures, such controversy shall be treated as a grievance and shall have no power to changebe settled, add toif at all possible, or subtract from any provision. 4by the following procedure. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing feesSuch matter(s) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration exclusively resolved in accordance with the requirements set forth aboveprocedure herein provided. Both parties agree to keep the grievance procedure free of non- meritorious grievances. 20.3 No grievance shall be filed or processed based on facts or events which have occurred more than fifteen (15) business days after having knowledge that an issue exists. 20.4 The System and Association agree to follow each of the grievance steps that follow and if, including in any steps, the System’s representative fails to give written answer within the time limitslimits herein set forth, shall permanently bar the grievance and/or shall automatically be transferred to the arbitration as next step at the case expiration of such time limit. Any grievance not moved by the aggrieved Registered Nurse to the next step within the time limits provided following the System’s response will be considered resolved and closed on the basis of the last disposition. Grievances dealing with suspension or discharge cases shall commence at Step 3 by presenting the grievance in writing, to the appropriately designated representative of the System within fifteen (15) business days of the suspension or discharge. By mutual agreement, certain steps may bebe waived. Where an extension of the time limits at any step is desired by either party, it must be requested in writing and shall stipulate the period of time extension needed, which shall be of reasonably short duration. 20.5 The System and the Association agree to the following procedure of presenting and adjusting grievances, which must be processed in accordance with the following steps, time limits and conditions. a. Step 1. The aggrieved Registered Nurse, with an Association representative if a Registered Nurse desires, must request a meeting (in writing) within fifteen (15) business days of the alleged contract violation to discuss the matter with the Registered Nurse’s immediate Supervisor before proceeding further with the grievance process. The Registered Nurse’s immediate Supervisor shall, within fifteen (15) business days respond in writing to the Registered Nurse with respect to a remedy or denial of the issue.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 9.01 Any employee covered by this Agreement may place a grievance before his Property Manager within five (5) days from the time the circumstances upon which the grievance is based were known or could reasonably have been known by the grievor. Such employee may be accompanied by a ▇▇▇▇▇▇▇. 9.02 If the Property Manager's reply is not satisfactory the grievance may be reduced to writing and delivered by mail or otherwise within three (3) days to the Regional Property Manager or Human Resources, the Regional Property Manager or Human Resources shall call a meeting of representatives, of the Company and of the Union within one (1) week. Any complaintAt the conclusion of such meeting or any agreed adjournments the decision of the Company shall be endorsed on the grievance and delivered by mail or otherwise to the Union. If the issue is not resolved and arbitration is requested, controversysuch request must be submitted within thirty (30) days. 9.03 When either party requests that any matter be submitted to arbitration as hereafter provided, dispute, or claim it shall make such request in writing addressed to the other party to this Agreement. All matters submitted to arbitration by either party to this agreement shall be referred to a single arbitrator. The party submitting the matter to arbitration (herein, collectively, a the "grievance" or "grievancesreferring party") between shall provide the other party with a list of the names of three (3) arbitrators satisfactory to the referring party at the same time as they notify the other party of their intent to proceed to arbitration. The party receiving notice of the referring party's intent to proceed to arbitration shall respond within five (5) days of receipt of the notice, acknowledging receipt and either agreeing to one (1) of the arbitrators named by the other party or, if it does not agree to any of the proposed arbitrators, it shall then provide the referring party with a list of three (3) arbitrators satisfactory to it. The referring party then has five (5) days to respond to the other party's list of proposed arbitrators. In the event that the referring party does not accept any of the other party's proposed arbitrators, it may propose the name(s) of another arbitrator to hear the matter(s). Failing agreement at that stage, the parties hereto arising during may either continue to discuss the term appointment of this Agreement a mutually agreeable arbitrator or either party may request that the Minister of Labour appoint the arbitrator, pursuant to the Labour Relations Act, 1995. 9.04 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.05 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 9.06 The arbitrator shall not be authorized to make any decision inconsistent with respect to the provisions of this Agreement nor to alter, modify, add to or its interpretation or amend any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision part of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. 9.07 The determination proceedings of the arbitrator shall will be expedited by the parties thereto, and the arbitrator's decision will be final and binding upon the Company, the WGAE, and/or the represented employee(s); parties hereto and the costs employee or employees concerned. 9.08 Each of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by parties hereto will jointly bear the Company and the WGAE, and each party shall bear its own other costs, legal fees, fees and expenses relating to of the arbitrationarbitrator. 5. 9.09 The time limits fixed in both the Grievance and Arbitration Procedure may be extended by consent of the parties to this Agreement. 9.10 A failure to submit discharged employee may lodge a grievance or demand arbitration in accordance against discharge and may omit Step 1 of this procedure. 9.11 An arbitrator if called upon to deal with a discharge grievance may direct the requirements set forth above, including reinstatement of the time limits, shall permanently bar the grievance and/or employee with pay from such date as the arbitration as the case may bedetermine.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1Section 15.1. Any complaint, controversyShould any difference, dispute, or claim (herein, collectively, a "grievance" complaint arise as to the mean- ing or "grievances") between the parties hereto arising during the term application of this Agreement with respect to the provisions of this Agreement Agreement, such differ- ence shall be resolved in the following manner provided that the settlement of a grievance or arbitration shall not expand or modify this Agreement. Section 15.2. A grievance is defined as an alleged violation of an article or section of this Agreement. Step 1. An employee, through the Lodge or the Lodge in behalf of one or more employees, or on its interpretation or any alleged breach thereofown behalf, shall be discussed promptly and initiate a grievance by submitting such grievance in good faith by writing to the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above supervisor involved within sixty (60) calendar ten working days after the grieving party knew occurrence or with due diligence should have known of the circumstances omission giving rise to grievance or the grievance and must shall be submitted by considered drop- ped. The supervisor shall reply in writing within ten working days thereafter. If no reply is received from the grieving party supervisor within the prescribed time limit, it will be deemed to be settled in the Lodge's or the employee's favor. Step 2. If the grievance is not satisfactorily disposed of, the aggrieved employee shall submit it in written form to the non-grieving party in writing, no later than ninety (90) calendar Chief of Police within ten working days after following the grieving party knew or with due diligence should have known reply of the circumstances giving rise to supervisor or the grievancegrievance shall be considered dropped. The Company A meeting between the Police Chief and/or his designee, the employee, and the WGAE Lodge Labor Committee shall meet be arranged within ten (10) calendar 10 working days of receipt of a grievance by the Chief and/or his designee. The Chief and/or his designee shall review the grievance, and his written grievanceanswer shall be submitted within 10 working days unless mutually extended. If no reply is received within the pre- scribed time limit, it will be deemed to be settled in the Lodge's or employee's favor. Step 3. If the grievance is not resolvedresolved by the Chief's answer, the grieving Lodge Labor Committee may appeal in writing to the City Manager within 10 working days or the grievance shall be consi- dered dropped. The City Mnager and/or his designee shall meet with the Lodge Labor Committee within 10 working days of the appeal unless mutually extended. The answer of the City Manager and/or his designee must be filed within 10 working days.‌ Step 4. If the grievance is not satisfactorily adjusted in the last preceding step within the time provided (unless mutually extended), either party may, within sixty (60) calendar days following 21 days, request arbitration or the grievance meeting (or, if shall be considered dropped. The other party shall be obligated to proceed with arbitration in the manner hereinafter provided. If the parties fail to meet as prescribed above, cannot agree upon an arbitrator within sixty (60) calendar 14 days of presenting notice for arbitration, the written grievance), submit party requesting the grievance to arbitration before an impartial arbitrator selected in accordance shall promptly file a demand for arbitration with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint16.01 Hereafter the word “grievance” denotes any disagreement arising from a supposed violation, controversy, disputemisinterpretation, or claim (herein, collectively, a "grievance" misapplication of all or "grievances") of any part of the Agreement between the parties hereto arising during Corporation on the term one hand and a Member or a group of Members or the Association on the other hand. 16.02 The grievance and arbitration procedures under this Article shall not be available for the resolution of disputes exclusively concerned with the renewal of probationary appointments, with tenure, and with promotion, except where the Member of the Association alleges violation of academic freedom or discrimination under Articles 5.00 and 4.03, respectively, of this Agreement Agreement. Notwithstanding the foregoing, grievance and arbitration procedures shall be available for matters relating to lay-offs due to financial exigency (Article 18.00) or changes in the composition of the faculty (Article 17.00). 16.03 Except as otherwise specified in this Agreement, the procedures detailed hereunder shall be the sole method for the resolution of complaints or grievances arising from the interpretation and application of this Agreement. There shall be no discrimination, harassment, or coercion of any kind against any person who elects to use these procedures. 16.04 All communications required by these grievance and arbitration procedures shall be delivered by internaI receipted mail or by external registered mail with respect acknowledgment of receipt. 16.05 Each stage of the procedure for the settlement of grievances described in the articles below must be completed before passing to the provisions of this Agreement or its interpretation or any alleged breach thereofnext stage, shall be discussed promptly and in good faith except by the designated representatives written consent of the parties concerned or except as provided for in an effort to attain an amicable settlementArticles 16.14, 16.19, 18.13 and 17.11. 2. All grievances must 16.06 Time limits may be raised extended through mutual written agreement between the grievant and the grievance committee. 16.07 A Member may submit a grievance in accordance with Section 1 above writing to the Corporation, within sixty thirty (6030) calendar days after the grieving party knew or with due diligence should have known of obtaining knowledge of the circumstances event(s) giving rise to the grievance and must be submitted by grievance, but no longer than six (6) months after the grieving party event(s) which gave rise to the non-grieving party in writinggrievance, no later than ninety (90) calendar days after except where the grieving party knew or with due diligence should Member couId not reasonably be expected to have known become aware of the circumstances event(s) within the six (6) month period. Notwithstanding the above, a Member on leave may submit a grievance on financial matters within six (6) months of obtaining knowledge of the event giving rise to the grievance. The Company and grievance shall specify the WGAE clause(s) of the Agreement on which it is based. 16.08 The Corporation shall reply in writing with a copy to the Association, within fourteen (14) days after the receipt of the grievance. 16.09 If the Corporation does not reply within the time limit set in Article 16.08, or if the response is not satisfactory to the Member, then the Member may submit the grievance to the chairperson of the Joint Committee established under Article 32.00. This submission must be made within fourteen (14) days of the receipt of the response or within fourteen (14) days after the expiry of the time limit set in Article 16.08. 16.10 If any member of the Joint Committee is involved in a grievance, then they shall be replaced by a nominee from the appropriate body. 16.11 The Joint Committee shall meet within ten (10) calendar days of receipt receiving notice of a grievance. At each meeting minutes will be kept recording the positions of the written grievanceparties and the decision reached if there is one. The grievant shall have the right to appear before the Joint Committee accompanied by an advisor if they so wish. The grievant shall be allowed to examine the minutes of the Joint Committee relating to their case. 3. If 16.12 All decisions reached by the grievance is not resolvedJoint Committee must be unanimous, the grieving party mayin writing, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures signed by all members of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this AgreementJoint Committee, and shall have no power to change, add to, or subtract from any provision. 4. The determination of constitute an agreement between the arbitrator shall be final and binding upon the CompanyAssociation, the WGAE, and/or the represented employee(s); Corporation and the costs of the arbitration (e.g.Member involved, arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be. Such decisions shall not constitute precedents. 16.13 The Joint Committee shall report, in writing, the decision reached or the hack of one, as the case may be, to the parties concerned within twenty-one (21) days of the initial meeting of the Joint Committee. 16.14 Association & Corporation Grievances A grievance arising directly between the Corporation and the Association concerning the interpretation, application or alleged violation of this Agreement shall be carried directly to the Joint Committee. The time limits for the Association and the Corporation to bring the grievance to the Joint Committee shall be those stipulated in 16.07. 16.15 The Association shall have the right to carry grievances involving a member through all stages of the grievance procedures in this Agreement. 16.16 The Association shall have the right to bring grievances involving groups of Members directly to the Joint Committee.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaintIt is recognized that, controversyfrom time to time, dispute, or claim (herein, collectively, a "grievance" or "grievances"dispute(s) between the parties hereto arising during Company and its employees may occur. The employees will try to settle these differences as quickly as possible with their immediate f▇▇▇▇▇▇ or supervisor. The employee has the term right to be accompanied and assisted by a S▇▇▇▇▇▇ or Committee Member. If the disagreement cannot be resolved between the parties, a grievance may be filed. A “grievance” is a dispute as to the interpretation, application, or alleged violation of this Agreement with respect to any of the provisions of this Agreement or its interpretation or any alleged breach thereofAgreement. Section 2. Should a grievance arise that is not verbally settled with the immediate supervisor, an e▇▇▇▇▇▇ effort will be made to settle such grievances in the following manner: Step 1: The grievance shall be discussed promptly and presented in good faith by writing to the designated representatives Human Resources Department within fifteen (15) days from the time the employee has knowledge of the parties occurrence. The supervisor has fifteen (15) days to respond in writing to the grievance. If the supervisor’s written answer is not accepted, the Union must advance the grievance through the Human Resources Department to the applicable manager or his designee in writing within fifteen (15) days following the supervisor’s written answer. Step 2: The applicable manager or his designee will have up to fifteen (15) days to conduct a grievance meeting. The meeting will be comprised of no more than three Union Representatives and up to three Company Representatives, to include at least one representative from the department from which the grievance arose. In an e▇▇▇▇▇▇ effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after resolve the grieving party knew or with due diligence should have known of dispute, the circumstances giving rise to Company and Union will disclose throughout the grievance process, facts and must be submitted by information relied upon. Following the grieving party meeting the Company will have fifteen (15) days to the non-grieving party respond in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise writing to the grievance. The Union will have fifteen (15) days to respond in writing to the Companies’ answer from the second step meeting. Section 3. Failure by either party to comply with the time limits set forth in this Article shall result in the grievance being advanced to the next step. The time limits set forth in this Article may be extended, in writing, by mutual agreement, on a case-by-case basis. The Company will pay for time spent by Union representatives in grievance meetings that are scheduled during their regular working hours. Section 4. If the answer from the grievance Step 2 meeting is not accepted by the Union, the grievance will automatically be referred to arbitration. The Company and Union will agree on a tentative date for the arbitration, not to exceed 50 days following the Union’s notice to the Company that they do not accept the Company’s Step 2 response. A. The Company and the WGAE shall meet Union mutually agree to select a three (3)-member arbitration panel. The arbitrators will normally reside in the State of Montana and will have direct experience in collective bargaining disputes. The parties will establish a rotation for the arbitration panel. Following the hearing, the arbitrator’s decision will be reduced to writing and submitted to both parties within ten five (105) calendar working days of receipt from the date of the written grievancehearing. 3. If B. Should the grievance is members of the panel be unavailable or in instances where the Company and the Union determine not resolvedto use a member of the Panel, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the procedure will be utilized. The parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit shall refer the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules Federal Mediation and procedures Conciliation Service. The parties shall request the Federal Mediation Service to submit a panel of seven (7) arbitrators. Each party shall have the right to reject one panel of arbitrators. Striking of the American Arbitration Associationfirst name shall be determined by the flip of a coin and then the parties shall alternately strike a name until one arbitrator is left. The arbitrator shall be notified of selection by a letter from the parties requesting that the arbitrator set a time for the hearing, subject to the availability of the Company and the Union representative. Arbitration hearings shall be held in Billings, Montana. Section 5. In rendering a decision, the arbitrator will be governed and limited by this Agreement’s provisions, applicable law, and the expressed intent of the parties as described in this Agreement. The arbitrator will have jurisdiction no power to add to, subtract from, or modify any of the terms and authority solely to interpret, apply, and/or determine the meaning of any provision provisions of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4substitute his judgment for that of the Company. The determination of arbitrator will confine his judgment strictly to the arbitrator shall facts submitted in the hearing, the evidence before him, and this Agreement’s express terms and provisions. The arbitrator’s decision will be final and binding upon the parties. Section 6. The Company and the Union shall bear the costs of their respective expenses, and shall share, equally, the cost of the arbitrator. Section 7. The Union and the employees waive their right to pursue any judicial or administrative remedy against the Company as to any matter subject to the procedures established in this Article until such procedures are exhausted. Any settlement under the procedures established under this Article, short of arbitration, will be binding upon the Company, the WGAEUnion, and/or the represented employee(s); and the costs employees and will preclude any further administrative or judicial relief. Section 8. Any employee has the right to have a S▇▇▇▇▇▇ or Committee Member present if they are called into a meeting, which may result in disciplinary action. Section 9. If it is necessary for a S▇▇▇▇▇▇ or Committee Member to take time off during their regularly scheduled shift to investigate or resolve a grievance, they shall request the permission of their immediate supervisor, which permission shall not be unreasonably withheld. When a S▇▇▇▇▇▇ or Committee Member enters an area other than their normal work area, they shall inform the supervisor of that area of their presence and reason for being there. As well, a S▇▇▇▇▇▇ or Committee Member shall inform their supervisor when returning to their normal work area or duties. Section 10. Grievances dealing with suspensions and/or discharges will be moved immediately to Step 2 of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationgrievance procedure. 5Section 11. A failure The Union, by not exercising any functions thus reserved to submit it or by exercising any such function in a grievance or demand arbitration in accordance with the requirements particular way, shall not be deemed to have waived its right to exercise such function as set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may bein this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Stillwater Mining Co /De/)

GRIEVANCE AND ARBITRATION. 1working days. Any complaintNotwithstanding this provision, controversy, dispute, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to Association or University grievances, either Party may waive the provisions Step meeting by provision of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and written notice to the other Party in good faith by the designated representatives lieu of the parties in an effort Notice of Intention to attain an amicable settlement. 2Grieve. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar Within ten working days after the grieving party knew or with due diligence should have known of the circumstances giving rise receipt of Notice of Intention to Grieve, the University shall, after consultation with the other parties to the grievance schedule and must convene a Step meeting. At the Step meeting shall be submitted the relevant University administrative officer with the jurisdictional authority to resolve the grievance, the person whose actions or decisions are the subject matter of the grievance, and the The Association shall send up to two (2) representatives unless it waives its right of participation by the grieving party written notice to the non-grieving party University delivered prior to the Step meeting. The University may send one (1) other representative if it chooses. The representative of either the University or the Association who attends a Step meeting with the authority to resolve the grievance shall not be a person who has made or participated in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known making of the circumstances giving rise any decision which has led to the grievance. The Company By the agreement of the Parties, the Step meeting may comprise only the relevant University administrative officer with the jurisdictional authority to resolve the grievance and the WGAE shall meet Association’s designated grievance officer. No more than five (5) working days prior to the Step meeting, all parties to the grievance shall, upon request, disclose all relevant documents. Disclosure is subject to a claim of confidentiality made by the participant who possesses the document or has it within ten (10) calendar days power, custody and control. A claim of receipt confidentiality can relate only to potential prejudice to another person. The purpose of the written Step meeting is to resolve informally the issue raised by the grievance. 3. The meeting, if it is not by mutual agreement continued on a later date, shall end with a memorandum which either sets out the terms of resolution, or records the end of the meeting without resolution. If either party to the grievance concludes that a Step meeting in progress is not contributing to the resolution of the matter, that party may end the meeting, and the outcome of the Step meeting shall be recorded as “without resolution”, as provided for above. The memorandum shall be signed by the a representative of the University and a representative of the Association, if it participated. If the grievance is Association did not resolvedparticipate, a copy of the memorandum must be delivered to the Association by the University within two (2) working days. If Step does not resolve the issue, the grieving party may, within sixty (60) calendar days following Association or the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.University has twenty

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFor the purpose of t h i s Agreement, a "grievance" grievance or "grievances") com- plaint is defined as a difference arising either between a mem- ber of the bargaining unit and the Hospital or between the parties hereto arising during relating t o the term interpretation, application, administration or alleged violation of this the Agreement. The grievance shall identify the nature of the grievance, the sought, and should, where possible specify the pro- visions of the Agreement with respect which are alleged t o 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, t o the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of t h i s right i n advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the provisions Hospital shall notify the Union of this Agreement such suspension or its interpretation or any alleged breach thereofdischarge 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 promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his immediate super- visor within sixty (60) calendar five days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party attention of the employee. Failing settlement within the five 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, no later than ninety and signed by him, to his immediate supervisor. The employee may be 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 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 (905) calendar days after following the grieving party knew or with due diligence should have known 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 immedi- ately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the circumstances giving rise to Hospital or the grievancedesignated 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 (5) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days date of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionsuch meeting. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint(a) If there is any grievance, controversy, dispute, dispute or claim (herein, collectively, a "grievance" or "grievances") difference between the parties hereto arising during the term of any em- ployee covered by this Agreement and the Union or the Company or among any said parties with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning applica- tion of any provision of this Agreement, such grievance, dispute or difference shall be reduced to writing and processed in accordance with the following steps in this grievance procedure: The Labor Relations Representative for the Company and the Union’s Business Representative shall attempt to settle the griev- ance. If no settlement is reached within five (5) days, the grievance may be submitted to Step Two. The appropriate Senior Labor Relations Representative of the Com- pany, or his/her designated representative, and the International Pres- ident of the Union, or his/her designated representative, shall attempt to settle the grievance. If no settlement is reached within a reason- able time (not to exceed thirty (30) days), the grievance may be sub- mitted to arbitration as set forth in Step Three. Any grievance not satisfactorily resolved in accordance with the steps of the grievance procedure outlined above may be submitted to arbitration at the request of either party. Arbitration of the issue(s) shall proceed at the city of origin of same accordance with the proce- dures of the American Arbitration Association. (b) The authority of the arbitrator shall be limited to determining questions involving the interpretation or application of the terms of this Agreement. It shall have no power authority to change, add to, to subtract from, or subtract from to change any provision. 4of the terms of the Agreement, to change an exist- ing wage rate, or to establish a new wage rate. The determination decision or award of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs each of the arbitration (e.g.parties and they will abide thereby subject to such laws as may be applica- ble. Each party shall bear the expenses of preparing and presenting its own case. The cost, arbitrator's feeif any, filing fees) of the neutral arbitrator and incidental expenses mutually agreed to in advance shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationparties hereto. 5. A failure to submit (c) All grievances shall be presented as soon as practicable after the occurrence upon which the same is based, but in no event later than seven (7) days if the same is a dismissal grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.later than thirty

Appears in 1 contract

Sources: National Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, 23.01 The term grievance is defined as a "grievance" or "grievances") difference between the parties hereto arising during respecting the term interpretation, application, operation or alleged violation of a provision of the Agreement including a question as to whether or not a matter is subject to arbitration. A grievance is also a dispute involving the discipline of an employee bound by this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, Agreement. (a) All grievances shall be discussed promptly and with the Executive Director or designate (who shall be outside the bargaining unit) in good faith by the designated representatives presence of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above Shop ▇▇▇▇▇▇▇ within sixty twenty-eight (6028) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to occurrence of the grievance and must be submitted by the grieving party to the nondifference, or within twenty-grieving party in writing, no later than ninety eight (9028) calendar days after of when the grieving party knew or with due diligence should have known employee first became aware of the circumstances giving rise difference. (b) If no resolution is achieved at this step, the grievance will be advanced to Step 2 by submitting the matter in writing on the prescribed grievance form stating the violation to the grievancecollective agreement and proposed resolution. The Company grievance will be submitted to the Executive Director or designate within seven (7) calendar days of the discussion as stated in (a) above. Step 2 Other than for cases where there is an unfilled vacancy, illness or injury, two (2) of the following BCNU positions: President Executive Director or designate Director as well as any other required Employer representative will meet with the Local 888 grievance committee and the WGAE shall meet Local 888 Regional Vice President or designate to hear the grievance within ten fourteen (1014) calendar days of receipt of the written grievance. 3notice. The Executive Director or designate will reply in writing to the Local 888 Regional Vice President or designate within seven (7) calendar days of the meeting. Copies of the reply will also be sent to the grievance committee representatives and the local president. The Employer and the Union agree that if at all possible the grievance shall be solved at this stage. The grievor may be present at any of the above stages of the grievance procedure. Group, general application or disciplinary grievances may be initiated at Step 2 of the grievance procedure. These grievances shall be submitted in writing within twenty-eight (28) calendar days of the occurrence of the difference, or within twenty- eight (28) calendar days of when the grieving party first became aware of the difference. If the a grievance is not resolvedresolved satisfactorily, the grieving in accordance with Step 2 above, either party may, may within sixty forty-five (6045) calendar days of receipt of such response refer the matter to a single arbitrator, who shall be selected from the following the grievance meeting list. (or, if a) ▇▇▇▇ ▇▇▇▇▇▇ (b) ▇▇▇▇ ▇▇▇▇▇▇ (c) ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ (d) ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (e) ▇▇▇▇ ▇▇▇▇▇▇ (f) ▇▇▇ ▇▇▇▇▇▇▇▇ Should the parties fail to meet as prescribed above, select an arbitrator from the above list within sixty seven (607) calendar days of presenting the written grievance), submit the grievance being referred to arbitration before an impartial arbitrator selected in accordance with then each party within a further three (3) calendar days will select a name from the Labor Arbitration rules and procedures list of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); arbitrators and the costs of final name will be selected by chance between the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationparties. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1A dispute arising out of the interpretation, meaning, application or claimed violation of any provision of this Agreement shall be defined as a grievance and shall be handled in the following manner: Step 1 — An employee with or without the ▇▇▇▇▇▇▇ or local union president or vice president, shall first present and discuss the grievance, either with the immediate supervisor or, if the local Union President and the Senior Human Resources Manager or designated representative mutually agree that it would be more appropriate, with the Senior Human Resources Manager or designated representative, within twelve (12) working days after the occurrence of the event or within twelve (12) days after the employee should reasonably have had knowledge of the event out of which the grievance arises. Any complaint, controversy, disputeAn oral decision shall be given by the supervisor, or claim when appropriate, by the Senior Human Resources Manager or designated representative within five (herein5) working days thereafter. This oral decision may also be in writing. Step 2 — If the grievance is not settled at Step 1, collectively, the grievance shall be reduced to writing and signed by the ▇▇▇▇▇▇▇ or a "grievance" local Union officer and the written grievance presented to the University Librarian or "grievances"designated representative within five (5) working days after the date of the oral decision. A written answer to the grievance shall be given to the Union by the University Librarian or designated representative after in-person discussions or meetings between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar working days of receipt after presentation of the written grievance. At this step the employee may be represented by a ▇▇▇▇▇▇▇ and by the local Union President, or designee. 3Step 3 — If the grievance is not settled at Step 2 the Union shall, within five (5) working days following the date of the written answer of the University Librarian, submit the written grievance to the University’s Vice President for Human Resources or designated representative. The University’s Vice President for Human Resources or designated representative shall hold in-person discussions or meetings between the parties and give the Union a final written answer within (10) working days after receipt of the grievance. At this step the employee may be represented by a ▇▇▇▇▇▇▇, the local Union president or designee, and a representative of the AFSCME Council. The immediate supervisor or Senior Human Resources Manager may have another member of the management staff present if the employee has a representative from the Union. Any member of management who makes a decision of a formal grievance may not be present at a prior step in the formal grievance procedure. If the grievance is not resolvedsettled at Step 3, the grieving party may, matter may be submitted to arbitration as follows: The Union’s written demand to arbitrate must be given to the University’s Vice President for Human Resources or designated representative within sixty twelve (6012) calendar days following after the grievance meeting (or, Step 3 answer. The Union shall simultaneously request the Federal Mediation and Conciliation Service to submit a panel of arbitrators from which the arbitrator shall be chosen in accordance with the rules and procedures of FMCS. The University and Union may mutually agree to request an additional panel of arbitrators if the parties fail first list is unsatisfactory. The arbitrator is requested to meet as prescribed above, submit the decision within sixty thirty (6030) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures close of the American Arbitration Associationhearing. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination award of the arbitrator shall be final and binding on the University, the Union and the employee or employees involved. The arbitrator is limited to determining matters concerning the application, meaning or interpretation of the Agreement and in no way can add to, delete or alter any aspect of this Agreement. The University and the Union shall divide equally in pay the fee and expenses of the arbitrator. All other expenses shall be paid by the party incurring them. If the successive steps of the grievance and arbitration procedure are not utilized by the Union within the time limits provided, the grievance shall be considered withdrawn and this withdrawal shall be binding upon the CompanyUniversity, the WGAE, and/or the represented employee(s); Union and the costs employee or employees involved. The time limits may be extended by mutual agreement of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5parties. A failure to The Union itself may submit a grievance directly on behalf of a group of employees who are all directly affected. Time lost from work by the grievant, ▇▇▇▇▇▇▇ and/or Union president or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar designee to process the grievance and/or at all steps and to be present at the arbitration as hearing will result in no loss of pay. The grievance procedure established here shall be the case may besole and exclusive formal remedy available to an employee or the Union for resolving disputes arising under this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintFor purposes of this Agreement, controversya grievance is a dispute or difference of opinion between the Union and the Employer involving the meaning, disputeinterpretation, or claim (herein, collectively, application to employees covered by this Agreement. 8.1. The Union shall designate a "grievance" committee of its own choosing to take up with the Employer or "grievances") between authorized representative any disputes regarding the parties hereto arising during the term interpretation of this Agreement with respect agreement, discharges, discipline, wages and/or other terms and conditions of employment. The Union shall provide the names of the committee members to the provisions of this Agreement Employer prior to grievance-related meetings and hearings. 8.2. Before filing a formal grievance concerning a non-disciplinary issue, the Union shall bring the matter to the Employer’s attention and agrees to attempt to quickly resolve any issue or its interpretation or any alleged breach thereof, shall be discussed promptly and dispute in good faith by through a verbal and/or written discussion with the Employer’s designated representatives of the parties in an effort to attain an amicable settlementrepresentative. 28.3. All grievances must be raised in accordance with Section 1 above within sixty Within fourteen (6014) calendar days after the grieving party knew or with due diligence should have known discussion conducted under Section 8.2, the Union may file a written grievance as provided below. The written grievance shall explain the dispute, include a specific statement of the circumstances giving rise to remedy sought, and request a meeting regarding the dispute. (a) A grievance and must of discipline or discharge shall be submitted by the grieving party to the non-grieving party in writing, no later than ninety filed within fourteen (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (1014) calendar days of receipt of the written grievancenotice of discipline or discharge. 38.4. A grievance meeting shall be held as promptly as possible after the Employer receives the written grievance but, in any case, within fourteen (14) calendar days thereafter. A grievance committee of not more than two (2) bargaining unit employees designated by the Union shall meet with two representatives of the Employer and shall discuss the grievance. The Union may substitute a TNG-CWA local or national representative for up to one (1) grievance committee member. In addition to the two representatives, the Union may have one (1) grievant attend. The parties may mutually agree to attendance by more than one grievant. 8.5. If the grievance is not resolvedparties resolve the dispute, the grieving party mayresolution shall be promptly reduced to writing and signed by at least one representative for each party. If the parties are not able to resolve the dispute, within sixty (60) calendar days following the Employer’s designated representative shall respond to the grievance meeting in writing within five (or, if the parties fail to meet as prescribed above, within sixty (605) calendar days of presenting the meeting, or either party may refer the dispute to the resolution step. 8.6. If the resolution step is not requested, the Union has fourteen (14) calendar days from the Union’s receipt of the Employer’s written grievance)response to the grievance committee meeting, or the date such response was due, to submit the dispute to Arbitration. 8.7. In the event the procedure in Sections 8.1 to 8.6 above does not result in a resolution of the grievance, the Union may submit the matter to arbitration. To be timely, a demand for 8.8. At any time prior to or after a grievance is submitted to arbitration, by mutual agreement, the Employer and the Union may hold settlement discussions in an attempt to resolve the grievance prior to arbitration before hearing. 8.9. In the event that the dispute is not submitted to arbitration or is not timely submitted to arbitration, the matter shall be deemed closed. 8.10. If the parties cannot agree on a satisfactory arbitrator, then an impartial arbitrator shall be selected in accordance with from an arbitration panel obtained from the Labor Arbitration rules Federal Mediation and procedures of the American Arbitration AssociationConciliation Service (FMCS). The arbitrator Guild shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning request a panel of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth aboveseven arbitrators, including the time limits, shall permanently bar special requirement that the grievance and/or arbitrators on the arbitration as panel be members of the case may be.National

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaintIt is recognized that, controversyfrom time to time, dispute, or claim (herein, collectively, a "grievance" or "grievances"dispute(s) between the parties hereto arising during Company and its employees may occur. The employees will try to settle these differences as quickly as possible with their immediate f▇▇▇▇▇▇ or supervisor. The employee has the term right to be accompanied and assisted by a S▇▇▇▇▇▇ or Committee Member. If the disagreement cannot be resolved between the parties, a grievance may be filed. A “grievance” is a dispute as to the interpretation, application, or alleged violation of this Agreement with respect to any of the provisions of this Agreement or its interpretation or any alleged breach thereofAgreement. Section 2. Should a grievance arise that is not verbally settled with the immediate supervisor, an e▇▇▇▇▇▇ effort will be made to settle such grievances in the following manner: Step 1: The grievance shall be discussed promptly and presented in good faith by writing to the designated representatives Human Resources Department within fifteen (15) days from the time the employee has knowledge of the parties occurrence. The supervisor has fifteen (15) days to respond in writing to the grievance. If the supervisor’s written answer is not accepted, the Union must advance the grievance through the Human Resources Department to the applicable manager or his designee in writing within fifteen (15) days following the supervisor’s written answer. Step 2: The applicable manager or his designee will have up to fifteen (15) days to conduct a grievance meeting. The meeting will be comprised of no more than three Union Representatives and up to three Company Representatives, to include at least one representative from the department from which the grievance arose. In an e▇▇▇▇▇▇ effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after resolve the grieving party knew or with due diligence should have known of dispute, the circumstances giving rise to Company and Union will disclose throughout the grievance process, facts and must be submitted by information relied upon. Following the grieving party meeting the Company will have fifteen (15) days to the non-grieving party respond in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise writing to the grievance. The Union will have fifteen (15) days to respond in writing to the Companies’ answer from the second step meeting. Section 3. Failure by either party to comply with the time limits set forth in this Article shall result in the grievance being advanced to the next step. The time limits set forth in this Article may be extended, in writing, by mutual agreement, on a case-by-case basis. The Company will pay for time spent by Union representatives in grievance meetings that are scheduled during their regular working hours. Section 4. If the answer from the grievance Step 2 meeting is not accepted by the Union, the grievance will automatically be referred to arbitration. The Company and Union will agree on a tentative date for the arbitration, not to exceed 50 days following the Union’s notice to the Company that they do not accept the Company’s Step 2 response. A. The Company and the WGAE shall meet Union mutually agree to select a three (3)-member arbitration panel. The arbitrators will normally reside in the State of Montana and will have direct experience in collective bargaining disputes. The parties will establish a rotation for the arbitration panel. Following the hearing, the arbitrator’s decision will be reduced to writing and submitted to both parties within ten five (105) calendar working days of receipt from the date of the written grievancehearing. 3. If B. Should the grievance is members of the panel be unavailable or in instances where the Company and the Union determine not resolvedto use a member of the Panel, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the procedure will be utilized. The parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit shall refer the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules Federal Mediation and procedures Conciliation Service. The parties shall request the Federal Mediation Service to submit a panel of seven (7) arbitrators. Each party shall have the right to reject one panel of arbitrators. Striking of the American Arbitration Associationfirst name shall be determined by the flip of a coin and then the parties shall alternately strike a name until one arbitrator is left. The arbitrator shall be notified of selection by a letter from the parties requesting that the arbitrator set a time for the hearing, subject to the availability of the Company and the Union representative. Arbitration hearings shall be held in Billings, Montana. Section 5. In rendering a decision, the arbitrator will be governed and limited by this Agreement’s provisions, applicable law, and the expressed intent of the parties as described in this Agreement. The arbitrator will have jurisdiction no power to add to, subtract from, or modify any of the terms and authority solely to interpret, apply, and/or determine the meaning of any provision provisions of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4substitute his judgment for that of the Company. The determination of arbitrator will confine his judgment strictly to the arbitrator shall facts submitted in the hearing, the evidence before him, and this Agreement’s express terms and provisions. The arbitrator’s decision will be final and binding upon the parties. Section 6. The Company and the Union shall bear the costs of their respective expenses, and shall share, equally, the cost of the arbitrator. Section 7. The Union and the employees waive their right to pursue any judicial or administrative remedy against the Company as to any matter subject to the procedures established in this Article until such procedures are exhausted. Any settlement under the procedures established under this Article, short of arbitration, will be binding upon the Company, the WGAEUnion, and/or the represented employee(s); and the costs employees and will preclude any further administrative or judicial relief. Section 8. Any employee has the right to have a S▇▇▇▇▇▇ or Committee Member present if they are called into a meeting, which may result in disciplinary action. Section 9. If it is necessary for a S▇▇▇▇▇▇ or Committee Member to take time off during their regularly scheduled shift to investigate or resolve a grievance, they shall request the permission of their immediate supervisor, which permission shall not be unreasonably withheld. When a S▇▇▇▇▇▇ or Committee Member enters an area other than their normal work area, they shall inform the supervisor of that area of their presence and reason for being there. As well, a S▇▇▇▇▇▇ or Committee Member shall inform their supervisor when returning to their normal work area or duties. Section 10. Grievances dealing with suspensions and/or discharges will be moved immediately to Step 2 of the arbitration (e.g.grievance procedure. Section 11. The Union, arbitrator's feeby not exercising any functions thus reserved to it or by exercising any such function in a particular way, filing fees) shall not be borne equally deemed to have waived its right to exercise such function as set forth in this Agreement. Section 12. Stewards will be compensated for time spent in grievance meetings when the meetings are held during their regularly scheduled work shift or when the S▇▇▇▇▇▇ is specifically requested by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationCompany. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Stillwater Mining Co /De/)

GRIEVANCE AND ARBITRATION. A grievance is an allegation or complaint that there has been a breach, violation, misinterpretation, misapplication or otherwise improper application of or deviation from the terms of this Agreement, and the same shall be processed in the following manner. An employee shall not be disciplined without just cause. Appeals pertaining to discipline of an employee shall be through the grievance procedure provided for in this article up to and including arbitration. This paragraph shall not modify or supersede the provisions contained in Article VIII pertaining to loss of seniority of an employee, which provisions shall remain in full force and effect. Step 1. Any complaintThe grievant and the grievant’s supervisor shall make every effort to resolve a grievance informally; provided, controversyhowever, disputethat no grievance may be processed unless done so within ten (10) working days of the occurrence giving rise to the grievance or within ten (10) working days of the date on which the grievant learned, or claim (hereinshould have learned, collectivelyof such occurrence, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlementwhichever is later. Step 2. All grievances must be raised If the grievance is not suitably resolved in accordance with Section 1 above within sixty Step 1, the grievant may, in five (605) calendar working days after the grieving party knew or with due diligence should have known impasse, submit a written grievance to the Division ▇▇▇▇ which shall include a statement of the circumstances grievance, a brief statement of the facts giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievanceremedy requested. The Company and the WGAE shall meet Division ▇▇▇▇ shall, within ten (10) calendar working days of receipt of the written grievance, which time shall include the time required for a hearing duly convened after having given a minimum of three (3) working days’ notice, file a written response setting forth the action to be taken thereon. In any event, the Division ▇▇▇▇ shall have five (5) working days from the hearing date to respond. Step 3. If the grievance is not resolvedsuitably resolved in Step 2, the grieving party grievant may, within sixty in five (605) calendar working days following after the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days receipt of presenting the written grievance)decision from the Division ▇▇▇▇, submit a written appeal to either the grievance President or a party designated by the President to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules hear and procedures of the American Arbitration Associationdecide such matters. The arbitrator Such individual shall have jurisdiction and authority solely ten (10) working days, following receipt of such written appeal, which time shall include the time required for a hearing duly convened after having given a minimum of three (3) working days’ notice, to interpretfile a written response thereto. In any event, apply, and/or determine the meaning of any provision of this Agreement, and President or his/her designee shall have no power five (5) working days from the hearing date to change, add to, or subtract from any provisionrespond. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, 31.01 Should differences arise as to the interpretation or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term application of this Agreement with respect to the provisions of this Agreement or its interpretation should grievance occur within a department covered by this Agreement, this to include discharge or any alleged breach thereoftermination without cause, there shall be discussed promptly and in good faith no strike, stoppage of work or suspension of work by the designated representatives Union or employees or lockout by the Company on account of such differences or grievance until the parties following procedure has been carried out: (a) Grievances are to be submitted within six (6) months of occurrence except in the case of a grievance arising from an effort to attain an amicable settlement. 2. All grievances employee's discharge or termination, in which case the grievance must be raised in accordance with Section 1 above submitted within sixty (60) calendar days after of occurrence. Time runs from the date that the grieving party knew knew, or with due diligence should have reasonably known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances incident giving rise to the grievance. The Company employee or employees, or the employer shall report the grievance to the shop ▇▇▇▇▇▇▇ or shop ▇▇▇▇▇▇▇, the latter shall take the matter up with a representative of management or report the matter 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 WGAE shall meet name and address of its choice of an arbitrator. After receiving such notice and a statement, the other party shall, within ten five (105) calendar days of receipt of agree to the written grievance. 3proposed single arbitrator or suggest alternate arbitrator(s). If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the two parties fail to meet as prescribed aboveagree on a single arbitrator within three (3) days, within sixty they shall forthwith request the Labour Relations Board to appoint an arbitrator. (60c) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely the power in allowing a grievance to interpretrectify the matter complained of, applyincluding the awarding of lost pay, and/or determine the meaning of any provision of this Agreementif any, and shall have no power to change, add to, or subtract from any provision. 4reinstatement in employment. The determination decision of the arbitrator shall be final and binding upon both parties. However in no 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. 31.03 Expedited Arbitration Procedure for collecting monies owed to various Local Funds (a) Notwithstanding anything contained in Sectionsÿ31.01 and 31.02 herein, a failure of the Company to carry out its obligations including but not limited to making its required contributions under Article 5 - Dues 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 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 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 under this Section. The Notice shall be deemed to have been received by the Company on the third day after the day on which it was mailed. (d) If the Company fails to make its required contributions or otherwise fails to comply with the plan within ten (10) days 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, 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 appoint, shall appoint an arbitrator or arbitrators to conduct the arbitration. 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 Union, 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 decision of the arbitrator(s) shall be final and binding on the Union, employers, trustees and 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 WGAECompany 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, and/or the represented employee(s); 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 costs use of any funds in connection with the Company's failure to comply with the terms and conditions of the arbitration relevant trust agreement and collective agreement. (e.g.v) For the purposes of sub-section (iv), arbitrator's "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) shall be borne equally , and any other expenses incurred by the Company and trustees. (vi) Any arbitration order or award determined under this section may be filed by the WGAEUnion, and each party shall bear its own other costs, legal fees, and expenses relating employers or trustees pursuant to the arbitrationLabour 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 a Company as set out in this Section notwithstanding any other provision of this agreement. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint4.01 Either the Employer, controversy, dispute, the Union or claim (herein, collectively, any employee has a "grievance" or "grievances") between the parties hereto right to lodge a grievance with respect to any matter arising during the term out of this Agreement with respect to or concerning the interpretation, application or alleged violation of this Agreement. 4.02 Any employee believing that she has been unjustly dealt with, or that the provisions of this Agreement or its interpretation or any alleged breach thereofhave not been complied with, shall be discussed promptly have the right to place such grievances in the hands of the Union for review and in good faith adjustment by the designated representatives Employer, if necessary. Such grievances shall be presented indicating the provision of the parties in an effort to attain an amicable settlement. 2. All grievances Agreement which has been allegedly violated, and shall be processed as follows: Step One: The grievance must be raised in accordance with Section 1 above filed within sixty ten (6010) calendar working days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance and must be submitted has been reported to the Human Resources. The Employer shall give a decision within five (5) working days from the date the grievance(s) took place or within a longer period of time agreed to by the grieving party parties in writing. Step Two: The written grievances shall be forwarded to the non-grieving party Director, Internal Operations, or designate, who shall have five (5) working days to render a decision in writing, no later than ninety (90) calendar days after writing to the grieving party knew or with due diligence should have known officers of the circumstances giving rise to Union. 4.03 An employee may contest her dismissal by filing a grievance directly at Step Two of the grievance. The Company and the WGAE shall meet grievance procedure within ten (10) calendar working days of receipt of the written grievanceafter her dismissal. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected 4.04 Grievances concerning wages shall be handled in accordance with the Labor Arbitration rules above procedures and procedures the disposition of such grievances, if sustained, shall include the effective date of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionwage adjustment. 4. The determination of 4.05 a) Failing settlement under the arbitrator 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 fourteen (14) days after the decision under Step Two is given, it shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating deemed to the arbitrationhave been abandoned. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, a 16.1 A "grievance" is a claim based upon an event or "grievances") condition, except such as pertain to wages, which involves the interpretation, meaning or application of this agreement or any amendment or supplement thereto. 16.2 An employee may present a grievance to his employer and have such grievance heard without intervention by the exclusive representative of the employee organization representing said employee, provided that the exclusive representative is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the parties hereto arising during employer and the term exclusive representative. 16.3 All decisions rendered at Levels One, Two, Three and Four of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, Grievance Procedure shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after setting forth the grieving party knew or with due diligence should have known of the circumstances giving rise decision and will be transmitted promptly to the grievance. The Company employee and the WGAE Union. A decision at Levels One, Two and Three shall meet be final unless within ten (10) seven calendar days of receipt delivery of the written grievance. 3. If said decision, the grievance is not resolved, presented in writing at the grieving party may, next level. A decision shall be final at Level Four unless within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) 20 calendar days of presenting delivery of said decision to the written grievance)grievant, submit the grievance is presented to arbitration before an impartial arbitrator selected the American Arbitration Association for arbitration. 16.4 All time limits herein shall consist of calendar days exclusive of legal holidays, Saturdays and Sundays. The time limit indicated hereunder will be considered maxima unless extended by mutual agreement in accordance with writing. 16.5 The following general provisions shall pertain to arbitration: (a) Parties shall be bound by the Labor Arbitration rules and procedures of the American Arbitration AssociationAssociation including the selection of an arbitrator unless contrary to express provisions herein set forth. (b) The grievant shall have the right to use in the arbitration proceedings any representative or representatives of his or her own choosing. (c) The costs for the services of the arbitrator, including per diem expenses, if any, and usual and necessary travel and subsistence expenses, shall be borne equally by the District and the grievant. (d) The arbitrator will confer with representatives of the District and the Association and shall hold hearings and issue his decision as soon as possible. The arbitrator shall have jurisdiction arbitrator's decision will be in writing and authority solely to interpretwill set forth his findings of fact, apply, and/or determine the meaning of any provision of this Agreementreasoning, and shall have no power to change, add to, or subtract from any provision. 4conclusions on issues submitted. The determination decision of the arbitrator arbitrator, other than the arbitrability of the issues involved, shall be final and binding upon the Companyparties except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement, or which recommends a right or relief for any period of time prior to the WGAEeffective date of this agreement, and/or or which modifies or abridges the represented employee(s); rights and prerogatives of the District as set forth in this agreement or other pertinent provision of law. (e) Notwithstanding any provision hereinabove set forth, an arbitrator's decision that a given issue is arbitrable under the terms of this agreement shall not be binding upon the parties hereto. (f) The arbitration hearing will be held in the Town of ▇▇▇▇▇, Massachusetts, unless both parties agree to another designated place. (a) The School Committee and the costs administration will cooperate with the Association in the investigation of any grievance by making available to the Association all recorded information in the possession of the arbitration District which is within the public domain, to the extent so requested by the Association. (e.g.b) All documents, arbitrator's feecommunications, filing fees) and records dealing with the processing of a grievance shall be borne equally filed separately from the personnel files of the participants. (c) The submission of any grievance to arbitration shall constitute a waiver of any right or rights the employee and Association may have with respect to the matter submitted to said arbitration under other provision of law including but not limited to arbitration under Chapter 71 of the General Laws of the Commonwealth of Massachusetts and the employee and Association shall be precluded from pursuing any other remedy. The submission of any grievable matter to any court or administrative body or to arbitration under Chapter 71 of the General Laws of the Commonwealth of Massachusetts shall constitute a waiver of any and all rights to arbitrate anything pertaining to such matters under this Article 16. (d) No reprisals shall be taken by the Company and District or the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to school administration against any employee participating in the arbitration. 5. A failure to submit presentation of a grievance or demand arbitration in accordance with the requirements set forth aboveprovisions of this agreement because of such participation. (e) If grievance affects a group or class of employees and does not come within the purview of paragraph 16.6(c) of this article, including the time limits, shall permanently bar Association as well as the employee may within 30 days immediately after the first occurrence of those acts or omissions upon which the grievance and/or is premised submit such a grievance in writing to the arbitration as Superintendent, whereupon such grievance shall be further processed at Level Three. (f) The President of the case Association or his designee shall have the right to participate in the investigation and processing of a grievance. If it is necessary that such investigation or processing occur during a regular work day of the said President or his designee, he shall be released from his regular duties for such purpose without loss of pay or other benefits. (g) It is recognized that members of the Association may behave to testify in order to properly process a grievance under Level Four and so any member other than the grievant shall be excused from his or her regular duties without loss of pay or other benefits for purposes of so testifying.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. A. Any complaint, controversy, disputedispute or controversy arising out of, or claim (hereinin connection with, collectively, a "grievance" the application or "grievances") between the parties hereto arising during the term interpretation of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof(hereinafter, a “grievance”), shall be discussed promptly settled by and in good faith by between the designated duly authorized representatives of the parties in an effort to attain an amicable settlement. 2Union and the Employer. All grievances must be raised in accordance with Section 1 above within sixty writing and must be delivered to the Chief Human Resources Officer or their designee no later than twenty (6020) calendar business days after from the grieving party knew or with due diligence should have known of date that the circumstances facts giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew were known or with due diligence should have been known with the exercise of due diligence. The Center and the Union shall meet to discuss the grievance within fifteen (15) business days of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If B. Any grievance not settled by the duly authorized representatives of the Union and the Employer shall, at the option of either party, within twenty (20) business days of the grievance is not resolvedmeeting, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance be submitted to arbitration before an a single impartial arbitrator selected chosen in accordance with the Labor Arbitration rules and procedures Rules of the American Arbitration Association. . C. The arbitrator Arbitrator shall not have jurisdiction and authority solely the power to interpretadd to, applysubtract from, and/or determine or modify any of the meaning of any provision terms of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination decision of the arbitrator Arbitrator shall be in writing and shall be final and binding upon the CompanyEmployer, the WGAE, and/or the represented employee(s); Union and the costs employees. The fee of the arbitration (e.g., arbitrator's fee, filing fees) Arbitrator shall be borne shared equally by the Company Employer and the WGAEUnion. Wherever possible, hearings shall be scheduled on the premises of the Employer. D. Employees shall have a right to Union representation at each step of the grievance procedure. E. In the event the time periods set forth in (1) and each party shall bear its own other costs(2) are not adhered to, legal fees, and expenses relating to then the grievance or the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be, shall be barred and the Arbitrator shall have no authority to hear or decide it except for good cause. The Employer and the Union may extend the time limits set forth in (1) and (2) above by mutual agreement. E-mail shall suffice for any writing requirement in this Article. F. No individual employee may initiate any arbitration proceeding or move to confirm or vacate an arbitration award.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 19.1 Should differences of any kind arise between any Contractor and the Union or any employees as to the interpretation, application or claimed breach of any of the 9.2 Any employee who has a grievance shall promptly report the same to the Contractor or to his/her ▇▇▇▇▇▇▇ who shall present the grievance to the Contractor and attempt to affect a settlement. Any complaint, controversy, dispute, or claim (herein, collectively, a "grievance" or "grievances") In the event the grievance is not settled between the parties hereto arising during ▇▇▇▇▇▇▇ and the term Contractor, the same shall be taken up between the authorized Business Representative of this Agreement with respect the Union and the Contractor. 9.3 If any grievance is not settled as provided above, then either the Union or the Contractor may submit the grievance to the provisions Joint Grievance Board herein provided for; provided, however, the grievance must be submitted in writing to the Board not later than thirty (30) days from the date of this Agreement the event or its interpretation or any alleged breach thereof, happening upon which the grievance is based. All employee grievances shall be discussed promptly and in good faith signed by the designated representatives employee and an authorized representative of the parties in an effort to attain an amicable settlementUnion. 9.4 A Joint Grievance Board shall be created consisting of two (2) representatives selected by the Association and two (2) representatives selected by the Michigan Laborers' District Council. All grievances must be raised in accordance with Section 1 above within sixty four (604) calendar days after the grieving party knew or with due diligence should have known members of the circumstances giving rise to the grievance Board shall constitute a quorum and must be present at all hearings. 9.5 The duty of the Joint Grievance Board shall be to hear all grievances submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known Board. Decisions of the circumstances giving rise to Board shall be reached by a majority vote of the grievanceentire Board. The Company decisions of the Board shall be final and binding on the Contractor, Union and the WGAE shall meet employee or employees involved. 9.6 If the Joint Grievance Board cannot settle or adjust a grievance or dispute within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolvedworking dues, the grieving party maymatter shall be submitted to a disinterested arbitrator who shall be selected by and be acceptable to the Joint Grievance Board. In the event the Board is unable to mutually agree upon an arbitrator within five (5) days from the date of reaching impasse on a grievance or dispute, within sixty (60) calendar days following then the grievance meeting (or, if arbitrator shall be selected according to the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator's fee shall be shared equally by the Contractor and the Local Union. 9.7 The arbitrator shall confine his/her decision to the dispute in question, and he/she shall have jurisdiction and no authority solely to interpretadd to, applysubtract from, and/or determine or in any way modify the meaning of any provision terms of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator arbitrator's decision shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); Contractor and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company Local Union and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationEmployee or Employees involved. 5. A 9.8 It is mutually agreed that the provisions of this Article shall not apply if the dispute arises over failure or refusal of a Contractor to submit pay the wage rates, overtime, health care payments, pension payments, vacation payments or Laborers' Training Fund and LECET contributions provided for in this Agreement, provided, however, that any dispute involving a grievance particular employee's proper wage rate classification or demand arbitration in accordance with the requirements set forth aboveeligibility to receive overtime pay, including the time limitshealth care payments, shall permanently bar the grievance and/or the arbitration as the case may be.pension payments, vacation payments

Appears in 1 contract

Sources: Landscape Agreement

GRIEVANCE AND ARBITRATION. a. In the event that the IATSE or an employee covered by this Agreement contends that the Employer has violated a provision of this Agreement, or the Employer contends that the IATSE or an employee has violated a provision of this Agreement, the following procedures shall be applicable: 1. Any complaint, controversy, dispute, or claim Within ten (herein, collectively, a "grievance" or "grievances"10) between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives business days of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty time the employee of the Union knew (60) calendar days after the grieving party knew or with due diligence reasonably should have known known) of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance, the IATSE must give written notice to the Employer of the claim, but in no event more than three (3) months after the event which gave rise to the 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 Company 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 WGAE shall meet 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 receipt a written notice of the written grievanceclaim, meet and discuss the matter and attempt to effect a settlement of said controversy or dispute. 3. In the event that such controversy or dispute is not settled by the Employer and the IATSE within twenty (20) working days after the written notice given pursuant to paragraph (1) above, or within ten business days after 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 by the IATSE, no later than forty (40) business days after written notice referred to in paragraph (1) above. Each party shall bear 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 grievance is not resolvedparties are unable to agree upon such arbitrator(s), the grieving party mayarbitrator shall be selected from a lot obtained from the Federal Mediation and Conciliation Service, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of or the American Arbitration Association. association at Employers’ expense, by alternate striking of names, with the Union going first. b. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to changemodify, add to, or subtract from any provisionthe terms of this Agreement, but shall only determine whether the Agreement has been violated in the manner alleged in the grievance, and, if so, what the remedy should be within the meaning of the Agreement. 4. c. The determination decision of the arbitrator arbitrator, within the limits indicated above, shall be final and binding upon the Companygrievant and all parties. d. All time limits are subject to extension, but only by mutual written agreement. e. The Arbitrator may use past practices or understandings in interpreting, applying, or expressing terms of this Agreement. f. The grievance and arbitration procedure is to be the WGAE, and/or the represented employee(s); sole and the costs exclusive remedy for any alleged breach of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own this Agreement or any other costs, legal fees, and expenses grievable dispute relating to the arbitrationemployment by the Employer of employees covered by this Agreement. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Broadcast Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintSection 4.1 A grievance shall be defined as meaning disputes or disagreements concerning the interpretation, controversy, disputeapplication, or claim (herein, collectively, a "grievance" or "grievances") between alleged violation of the parties hereto arising during the term expressed terms of this Agreement with respect Agreement. Section 4.2 A grievance shall be processed in the following manner: Step I. Grievances shall be first orally presented by the employee and/or the Superior Officers collectively to the provisions of this Agreement or its interpretation or any alleged breach thereof, employee's supervisor. An ▇▇▇▇▇▇▇ effort shall be discussed promptly made within the next 48 hours after filing of the grievance to adjust the grievance in an informal manner. If in the case of a Sergeant being the subject aggrieved and in good faith it is not settled by the designated representatives immediate supervisor, then it should go to the Division Commander prior to Step D. The grievance shall be submitted by the grievant within 48 hours of decision from the employee's supervisor. Step II. If the Grievance is not resolved in Step I, the grievance shall be reduced to writing and presented to the Chief of Police within seven (7) working days of the parties in an effort occurrence of the incident on which the grievance is based. The Chief may meet with the Grievance Committee, with the employee(s) involved within seven (7) working days excluding Saturday, Sunday and holidays, from the time the grievance is received by him to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above discuss and attempt to adjust the grievance; and he shall answer the grievance within sixty seven (607) calendar days after the grieving party knew or with due diligence should have known closed of the circumstances giving rise meeting, or after the meeting is refused. Step III. If the employee is not satisfied by the decision of the Chief or if the grievance remains unadjusted, it shall be presented in writing to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety Town Manager or his designee within five (905) calendar days after the grieving party knew or with due diligence should have known response of the circumstances giving rise to the grievanceChief of Police is due. The Company grievance appeal shall set forth the basis of the appeal and the WGAE shall meet within ten (10) calendar days specific sections of receipt of the written grievance.this Agreement 3Step IV. If the grievance is not resolvedremains unresolved, the grieving party mayAssociation, and only the Association, shall within sixty fifteen (6015) calendar days following after the grievance meeting (orStep ill answer is received or the date on which said answer is due, if whichever first occurs, have the parties fail right to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance matter to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 51. A failure Any matter that is outside the express terms of this Agreement or matters subject to submit a grievance Civil Service or demand arbitration Retirement Board Laws, Rules, or Regulations, except as in accordance with Item 2 below. 2. Any matter involving the requirements set forth abovesuspension, including dismissal, removal, or termination of an employee unless the time limits, shall permanently bar employee and the grievance and/or the Association elect arbitration as the case exclusive remedy pursuant to General Laws, Chapter 150E, Section 8. Section 4.3 A grievance shall be deemed waived unless submitted at each step by the aggrieved employee and/or his representative within the time limits provided herein. The Town shall make every reasonable effort to respond in a timely fashion as outlined herein. Section 4.4 Time limits may bebe extended by mutual agreement of the parties in writing. Section 4.5 A group grievance concerning three (3) or more officers may be submitted at Step II.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversyA. In the event of a difference, dispute, or claim controversy (herein, collectively, a hereinafter referred to as the "grievance" or "grievancesGrievance") between the parties hereto UNION and Theatre or LORT arising during the term of under, out of, or relative to this Agreement with respect to the provisions of this Agreement or its interpretation Agreement, a Cover Sheet, or any alleged breach thereofRider annexed to a Cover Sheet, adjustment of such Grievance shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected undertaken in accordance with the following procedure: B. The UNION and LORT agree that a prompt attempt will be made to settle the Grievance amicably in preliminary discussions between the Theatre and the Designer or the UNION. Notwithstanding the foregoing, the UNION agrees to give the Theatre and ▇▇▇▇'s General Counsel immediate notice, in writing, of any claim it believes to be meritorious, which shall include an identification of the contractual provision alleged to have been violated and a description of the facts underlying the claim. C. If the Grievance is not resolved pursuant to Paragraph B above, either the UNION or LORT may submit the Grievance for review and possible resolution by a Grievance Committee comprised of three (3) individuals designated by the UNION and THREE (3) individuals designated by LORT. In rendering a decision, the UNION's representatives and ▇▇▇▇'s representatives shall each cast, in the aggregate, ONE (1) vote. A decision of the Grievance Committee shall be final and binding on the parties only if there are TWO (2) concurring votes. Such decisions may be enforced in any court of competent jurisdiction. The Grievance Committee shall convene in New York City. D. Should the Grievance Committee fail to resolve the Grievance, either party may submit the Grievance to arbitration. Notwithstanding the foregoing, either the UNION or LORT may decide to waive the Grievance procedure and proceed directly to arbitration. E. After notice, in writing, to the other party and to the other party's Counsel, either the UNION or LORT may file a request for arbitration in New York City with the American Arbitration Association pursuant to its then existing Voluntary Labor Arbitration rules Rules. The arbitration shall be by ONE (1) arbitrator, whose fees and procedures of expenses, including those normally charged by the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely , should be borne equally, ONE-HALF (1/2) by LORT, ONE-HALF (1/2) by the UNION. F. Where Grievances are subject to interpret, apply, and/or determine the meaning of any provision of arbitration under this Agreement, they shall be decided in accordance with the laws of the State of New York. Arbitration shall be the sole and shall have no power to changeexclusive remedy for unresolved Grievances arising under this Agreement, add toany Cover Sheet, or subtract from any provision. 4Rider. All arbitration proceedings shall take place in New York City. The determination decision of the arbitrator shall be final and binding binding, and may be enforced in any court of competent jurisdiction. G. The UNION shall act on behalf of the Designer in any arbitration proceedings. No Designer is authorized to commence any arbitration proceeding, except with the consent of the UNION. ▇▇▇▇ shall act on behalf of the Theatre in any arbitration proceedings, unless ▇▇▇▇'s Board of Directors shall decline to have LORT represent the Theatre, in which event the Theatre may represent itself. No Theatre is authorized to commence any arbitration proceeding, except with the consent of LORT. Copies of all demands, notices, and correspondence pertaining to any and all arbitrations, whether LORT represents the Theatre or not, served by the UNION upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitratorTheatre shall also be served upon LORT's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationGeneral Counsel. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute22.1 All grievances shall be handled in the following manner: STEP ONE: (oral) A grievance may be filed no more than ten (10) working days after the grievance first becomes known, or claim (hereinshould have become known. The grievance must be presented by the Union of the aggrieved employee or the aggrieved employee or a group of aggrieved employees to the proper supervisor involved, collectively, a "grievance" or "grievances") between and the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties meet within five (5) working days in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the resolve said grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolvedresolved with the supervisor, the grieving party grievance shall be reduced to writing, citing the Article and Section of this Agreement which has been allegedly violated. STEP TWO: (written) If the grievance is not settled in Step One, the written grievance may, no later than five (5) working days after the Step One meeting, be referred by the Union to the Employer, and the parties shall meet within sixty five (605) calendar working days following of receipt of the grievance, in an effort to resolve the grievance. If the grievance meeting is rejected at this Step of the Grievance and Arbitration procedure, the Employer will state the reasons for such rejections in writing, to the Union, within five (or5) working days of the Step Two meeting. STEP THREE: (hearing) If the grievance is not settled at Step Two, if the Union may request a Grievance Board of Adjustment review within five (5) working days immediately following receipt of the Employer’s written response by delivering a written notice to the Employer. Within five (5) working days of such notice, the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionagree upon a hearing date. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFor the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term 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 this Agreement with respect right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the provisions Hospital shall notify the Union of this Agreement such suspension or its interpretation or any alleged breach thereofdischarge 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 promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his immediate super- visor within sixty (60) calendar five days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety and signed by him, to his immediate supervisor. The employee may be 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: Step 2 Within five days following the decision under Step 1 the employee, accompanied union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department ▇▇▇▇, 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 immedi- ately preceding the grievance shall be 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 desig- nated 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 (90IO) calendar days after following the grieving party knew date of such meeting. Policy Grievance A complaint or with due diligence should have known grievance arising directly between the and the Union concerning the interpretation, applica- tion or alleged violation of the Agreement shall be originated at Step 3 within ten days following the circumstances giving rise to the grievance. The Company It is expressly understood, however, that the provisions of this Article not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the WGAE regular grievance procedure shall meet within ten (10) calendar days of receipt of the written grievance. 3not be thereby by-passed. If Where the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the a Hospital grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance it shall be filed with the Labor Arbitration rules and procedures of the American Arbitration AssociationGrievance Committee. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionGroup Grievance grievance. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaintA grievance within the meaning of this Agreement shall be any difference of opinion, controversy, dispute, controversy or claim (herein, collectively, a "grievance" or "grievances") dispute arising between the parties hereto arising during relating to any matter of wages, hours and working conditions, or any dispute between the term parties involving interpretation or application of any provision of this Agreement with respect and shall be processed in the following manner: a. An aggrieved employee must first present the grievance to the provisions of this Agreement or its interpretation or any alleged breach thereofEmployer and/or the Union ▇▇▇▇▇▇▇ within two (2) working days after grievance occurs. b. If the grievance is not settled in the first step within two (2) working days, it shall be discussed promptly and presented in good faith by writing through the designated representatives of Union to the parties in an effort to attain an amicable settlementEmployer within five (5) working days thereafter. 2. All grievances must c. If no agreement can be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to reached on the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar working days from the date it was first presented to the Employer, either the Employer or the Union may request in writing that the matter be submitted to a Board of receipt Adjustment within three (3) working days thereafter. The Board of Adjustment shall be comprised of two (2) representatives of the written Union to be selected by the Union and two (2) representatives of the Employers signatory to this Agreement and shall be selected by the Employer involved in the grievance. The Board of Adjustment shall render its decision within five (5) working days after submission. 3d. If the Board of Adjustment is unable to reach a decision in five (5) working days, they shall endeavor to mutually select an impartial arbitrator to render a decision which shall be binding on all parties to the grievance. If the grievance is Employer and the Union cannot resolvedagree upon an arbitrator within seventy-two (72) hours, a joint request will be made to the grieving party may, within sixty Federal Mediation and Conciliation Service to forward a list of five (605) calendar days following impartial arbitrators with each side having the grievance meeting option of scratching two (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance2), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination Decision of the arbitrator shall is to be final and binding upon binding, with the Company, the WGAE, and/or the represented employee(s); and the costs expense of the arbitration (e.g., arbitrator's fee, filing fees) shall arbitrator to be borne divided equally by the Company and the WGAEparties. Time limits set forth shall exclude Saturdays, Sundays, and each party shall bear its own other costs, legal fees, and expenses relating Holidays. Time limits may be extended by mutual consent of the parties. e. Nothing contained herein may be interpreted to permit or grant power to the arbitrationarbitrator to alter, amend, modify, or otherwise change any terms or conditions of the collective bargaining agreement. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFor the purpose of this Agreement, a "grievance" grievance or "grievances") com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term 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 ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the of this Agreement with respect right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the provisions Hospital shall notify the Union of this Agreement such suspension or its interpretation or any alleged breach thereofdischarge 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 promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his immediate super- visor within sixty (60) calendar five days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise and signed by him, to the grievancehis immediate supervisor. The Company and the WGAE shall meet employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar 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 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: Step Within five days following the decision in the immedi- ately preceding step, the grievance shall be submitted in writing to the Chief Executive Officer of the Hospital or the designated Hospital representative. A meeting (or, if will then be held between the parties fail to meet as prescribed aboveChief 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 sixty (60) calendar five days of presenting the written grievance), submit submission of the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures at Step unless extended by mutual agreement of the American Arbitration Associationparties. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination decision of the arbitrator Hospital shall be final and binding upon delivered in writing within ten days following the Company, the WGAE, and/or the represented employee(s); and the costs date of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationsuch meeting. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintThe management and direction of employees covered by this Agreement, controversyincluding the right to suspend, disputediscipline or discharge any employees for proper cause, or claim (hereinare vested exclusively in the Employer, collectivelyprovided, a "grievance" or "grievances") between however, that any action of the parties hereto arising during Employer under the term of this Agreement with respect above clause is subject to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlementgrievance procedure herein. 2. All grievances A grievance is defined as any complaint by any employee or the Employer concerning the effect or interpretation, or a claim of breach, of this Agreement. 3. To file a grievance, the grievance must be raised in accordance with Section 1 above within sixty reduced to writing on the form provided by the Employer, signed by each aggrieved employee and by authorized union representatives of the Union, provided that group grievances which seek a monetary remedy for more than three employees may be signed solely by the authorized union representatives. A grievance must be submitted to the Director - Operations or his or her designated representative not later than fifteen (6015) calendar days after following the grieving party knew act or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving occurrence which gives rise to the grievance. The Company In cases where an employee is disciplined, the time limits shall begin to run on the date the discipline is issued to the employee. Should the Union or employee fail to file a grievance within fifteen (15) calendar days of the act or occurrence which gives rise to the grievance, said grievance shall be untimely and the WGAE Employer shall not be bound to proceed to discuss or arbitrate the issue. 4. The Senior Director, Operations, or his designee, and the designated Union representative shall meet in Step 1 for a discussion of the Grievance within ten (10) calendar days of after the Employer’s receipt of the written grievance. 3. If The time and place of the grievance is not resolved, meeting shall be agreed upon by the grieving party may, within sixty Union and the Employer. The time limits set forth herein may be extended by mutual agreement. Within ten (6010) calendar days following the grievance meeting, the Employer shall issue its written answer, in which the position of the Employer shall be indicated. 5. If the meeting and the answer do not result in a settlement of the grievance, the Union, upon written notice to the Vice President-Operations, or his designee, shall be promptly submitted for arbitration. The notice must be given within ten (or, if the parties fail to meet as prescribed above, within sixty (6010) calendar days after the Employer’s answer. If the Union and the Employer are unable to agree upon the choice of presenting the written grievance)an arbitrator, submit the grievance FMCS shall be asked to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures furnish a list of the American Arbitration Associationseven NAA member arbitrators. The arbitrator Union and then the Employer shall have jurisdiction and authority solely to interpret, apply, and/or determine alternatively strike one (1) name from the meaning of any provision of this Agreementlist, and the individual whose name is the last remaining shall have no power to change, add to, or subtract from any provision. 4be the arbitrator. The determination decision of the arbitrator shall be in writing, shall be limited to the grievance as stated and shall be final and binding upon the Companyparties. The arbitrator may not add to, amend or detract from the WGAE, and/or the represented employee(s); and the costs terms of this Agreement. The expense of the arbitration (e.g., arbitrator's fee, filing fees) arbitrator shall be borne equally by the Company and parties. Prior to arbitration either party may agree to use mediation as a means to attempt to resolve the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationgrievance. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintShould any differences arise as to the interpretation, controversyapplication, dispute, administration or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term alleged violation of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereofAgreement, shall the following procedures for instituting a grievance may be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlementinvoked. 2. All grievances must Employees shall have the right to Union representation in any grievance or disciplinary meeting. Representative of the Union shall include any elected officer of the Union or shop ▇▇▇▇▇▇▇ recognized by the Union. 3. Efforts to resolve grievances, up to but not including arbitration, shall be raised in accordance with Section 1 above made on Company time. The grievor(s) may be present for any formal meeting throughout the grievance and arbitration procedure. 4. The following grievance procedure shall be observed: Step 1. An employee, accompanied by a Union representative, if desired, shall within sixty thirty (6030) calendar days after the grieving party knew or with due diligence should have known of when the circumstances giving rise to the grievance and must be submitted by the grieving party were known or should have reasonably been known to the non-grieving party in writinggrievor, no later than ninety (90) calendar days after raise the grieving party knew or matter orally with due diligence should have known the employee’s immediate supervisor. The supervisor shall reply to the grievance within seven days. Step 2. If the employee is not satisfied with the outcome of the circumstances giving rise discussions described in Step 1 above he/she may proceed to the grievancesecond step of the grievance procedure. The Company and In such cases, the WGAE shall meet employee accompanied by a Union representative, will, within ten fourteen Step 3. If the two parties are unable to agree at Step 2, then within seven (107) calendar days of receipt of an answer at Step 2, the written grievanceemployee and the Union shall take up the grievance in writing with the Publisher (or his/her representative). The answer at this Step must be given in writing within seven (7) days. 3Step 4. If the grievance is not resolvedtwo parties are unable to agree at the third step, then, the grieving party mayraising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the reply in Step 3. 5. In general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator; however, either party may elect to submit a grievance to an Arbitration Board of three members, in which case the other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the name of a nominee to the arbitration board of the party requesting arbitration. The recipient of the referral shall, within sixty (60) calendar days following five days, notify the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days other party in writing of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures its acceptance of one of the American proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an arbitration board; submit its nominee to the arbitration board. 6. The parties shall endeavor within five days to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Minister of Labour of Ontario may be asked to make the appointment. 7. The Board of Arbitration Associationor single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or Board shall have jurisdiction issue a decision and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator decision shall be final and binding upon the Companyparties and upon any employee and employer affected by it. In the case of an Arbitration Board, the WGAEdecision of the majority is the decision of the Board but if there is no majority decision, and/or the represented employee(s); decision of the Chair shall govern. 8. Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the costs Employer and the Union shall each pay one-half of the arbitration (e.g.fees and expenses of the Chair or the single arbitrator. 9. By mutual agreement between the Employer and the Union, arbitrator's feeand in the case of an Employer or a Union grievance, filing fees) or in the case of a grievance involving the suspension or discharge of an employee, the processing of a grievance may begin at the third stage. 10. It is intended that grievances shall be borne equally by processed as quickly as possible. If the Company and grieving party does not appeal the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating grievance to the arbitrationnext successive stage within the specified appeal time limit, the grievance shall be deemed to be abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage. 511. A failure to submit a grievance or demand arbitration Time limits in accordance with the requirements set forth abovethis article may be extended by mutual agreement. In all cases, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may bedays means calendar days.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1Section 1 The purpose of this Article is to establish a procedure for the settlement of grievances between the employees, the Union and the Company. Any complaintThe parties recognize that most problems will be discussed and resolved between the employee, controversythe Union ▇▇▇▇▇▇▇ and the aggrieved employee's immediate supervisor. Such informal settlements are encouraged. A "grievance," as used in this Agreement, disputeis defined as a complaint or request of an employee covered by this Agreement which involves the interpretation or application of, or claim (hereincompliance with, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereofAgreement. If a grievance is not resolved in this informal manner, the following procedure shall be discussed promptly apply: STEP 1. Any employee with a grievance shall have the right to present and in good faith discuss the grievance with their supervisor and to have such grievance adjusted with the Union ▇▇▇▇▇▇▇ present, if the employee so requests representation by the designated representatives ▇▇▇▇▇▇▇ at this meeting. Grievances must be presented in writing to the employee's supervisor within twenty (20) working days or thirty (30) calendar days, whichever is greater, of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew occurrence or with due diligence should have known of the circumstances giving omission that gave rise to the grievance or within twenty (20) working days or thirty (30) calendar days, whichever is greater, of the time the grievant and must be submitted by the Union should reasonably have had knowledge of said occurrence or omission. Upon receipt of the grievance, the supervisor STEP 2. If a satisfactory settlement is not made of the grievance in Step 1, the grieving party shall, within five (5) working days after receipt of the answer in Step 1, present the grievance in writing to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known Manager of the circumstances giving rise to the grievance. The Company and the WGAE shall meet or their designee who shall, within ten (10) calendar days, discuss the grievance with the employee and the ▇▇▇▇▇▇▇ and/or a Union official. Within seven (7) working days of receipt the discussion of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures Manager of the American Arbitration AssociationCompany or their designee shall render a decision in writing stating all reasons for their decision. The arbitrator shall have jurisdiction A meeting between Union and authority solely Company to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator discuss grievances in Step 2 shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationscheduled at least once a month if necessary. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Labor Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaint, controversy, dispute, grievance or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising dispute which may arise during the term of this the Agreement with respect to concerning the provisions application, meaning, or interpretation of this Agreement shall be processed in the following manner: STEP 1. The professional employee, either alone, or accompanied by a SCUPA representative, or SCUPA through its interpretation or any alleged breach thereofrepresentative, where entitled, shall be discussed promptly and present the grievance in good faith by writing to the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above Employer’s worksite designee within sixty twenty-five (6025) calendar days after of the grieving party date of the occurrence giving rise to the dispute, or when the professional employee knew or with due by reasonable diligence should have known of the circumstances giving rise occurrence. The grievance submission at Step 1 shall include the following items: a. the name of the grievant; b. the nature of the grievance; c. specific contract provisions allegedly violated which may be amended up to the submission of the grievance at Step 3; d. corrective actions requested and reasons for such action; and e. name of designated SCUPA representative, if any. In addition, in order for the grievance(s) to be discussed at Step 1, the respective Employer worksite designee must have received a written confirmation of the grievance(s) at least fifteen (15) calendar days prior to the prescheduled Step 1 meeting. This period may, however, be extended by mutual agreement. In the case of discharge or continuing liability grievances, such grievances may be discussed at an interim Step 1 meeting on a date that has been mutually agreed upon between the parties. The parties agree the respective Employer worksite designee and the SCUPA counterpart must schedule and meet on a monthly Step 1 basis, if necessary, in order to attempt to resolve all outstanding grievances. At the Step 1 meeting, the parties will advise each other of all of the then known facts, including witnesses, and furnish copies of relevant reports or investigations upon which the party will rely in proving and /or supporting its respective position. When special circumstances preclude the disclosure of confidential student information at the Step 1 meeting, the case will be handled in accordance with the agreed upon procedures to be developed by PASSHE and SCUPA. Any agreed upon final settlement of a grievance reached at Step 1 shall be reduced to writing and signed by SCUPA and the Employer worksite designee. Decisions at Step 1 shall not be used as precedent for any subsequent case. After the Step 1 meeting has been held, and the then known information the parties intend to rely on to support their respective positions has been discussed and exchanged, the respective Employer worksite designee must make a written disposition of the matter to SCUPA within fifteen (15) calendar days from the date of the Step 1 meeting. In the event the grievance is not resolved at Step 1, any later discovered or developed evidence, not previously disclosed to the other party at the Step 1 meeting must be submitted received by the grieving party to the non-grieving party other side as soon as practical after discovery and/or development, but in writing, no event later than ninety forty-eight (9048) hours before the Step 2 hearing. (See Rule 4, Section 3 of the Rules of the Accelerated Grievance Procedure for Exceptions). STEP 2. If the Step 1 response is not satisfactory, or a response has not been received by SCUPA within fifteen (15) calendar days of the Step 1 Meeting, SCUPA shall have fifteen (15) calendar days after the grieving party knew Employer’s response is received or due, to appeal the decision by filing its grievance with due diligence should have known of the circumstances giving rise to the grievanceJoint State Committee (Committee). The Company Such submission shall be made in writing, and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected be filed in accordance with the Labor Arbitration rules and established procedures with the Office of the American Arbitration AssociationChancellor, Labor Relations. Failure of SCUPA to submit grievances to the Committee within the fifteen (15) calendar day appeal period specified above shall be cause for the Employer to consider the grievance withdrawn. When such filing (docketing) occurs, the docketing agent for the Committee (Chancellor’s Office) will furnish official notice confirming the docketing of all cases scheduled to be heard by the Committee, along with the date, place, and time of the scheduled meeting to: the Office of the Chancellor, Labor Relations; the affected university; and SCUPA’S Mechanicsburg office. The arbitrator Committee shall have jurisdiction the right to hear testimony from both parties, consider all relevant facts and authority solely render a final and binding decision. Each case shall be considered on its merits and the collective bargaining agreement shall constitute the basis upon which the decision shall be rendered. The Committee shall neither add to, subtract from, nor modify the provisions of the Agreement. The Committee shall be confined to interpretthe precise issue submitted, apply, and/or determine as outlined on the meaning of any provision of this Agreementoriginal grievance form, and shall have no power authority to changedetermine any other issues not so submitted. If the Committee is unable to reach a decision by majority vote, add to, or subtract from any provisionthe matter will be considered “deadlocked. 4. The determination ” A majority decision of the arbitrator Committee shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs on both parties. Decisions of the arbitration (e.g.Committee shall operate as precedent, arbitrator's fee, filing fees) unless otherwise specifically noted. A reasonable number of witnesses shall be borne equally by permitted to attend Committee meetings without suffering the Company and loss of any pay, when their presence is required because of PASSHE’s refusal to accept the WGAEwitnesses’ written statements, and each party as provided for in the Rules of the Accelerated Grievance Procedure. Grievants shall bear its own other costs, legal fees, and expenses relating to be treated in exactly the arbitration. 5same manner as witnesses under this procedure. A failure to submit professional employee, who presents a grievance or demand arbitration sits on the Committee Panel, shall do so without loss of pay or leave, provided SCUPA has indicated their desire to have that person participate in accordance the procedure. The number of employees so designated shall not be abused. All leave granted under the provisions of this Article shall be granted consistent with the requirements maintenance of the Employer’s efficient operations. The Committee will function under the Rules of the Accelerated Grievance Procedure agreed upon by the parties. SYSTEM-WIDE GRIEVANCES SCUPA may present grievances concerning System-wide actions directly to Step 2 within twenty-five (25) calendar days of the date of the occurrence giving rise to the dispute, or the date when SCUPA knew, or by reasonable diligence should have known, of its occurrence. However, SCUPA will meet with the official Office of the Chancellor designee prior to any hearing on such grievances, in order to resolve any factual disputes relating to such System-wide grievances. At any time after Step 2 and prior to Step 3 of this grievance procedure, the parties, by mutual agreement, may invoke the services of the Pennsylvania Bureau of Mediation to attempt to adjust a grievance to the mutual satisfaction of the Employer and the Association. By its own terms, this mediation is nonbinding unless the Association and the Employer mutually agree in writing that it be binding. A request for mediation shall not act as a waiver of either party’s rights and during the pendency of mediation all timelines set forth aboveherein shall be held in abeyance. STEP 3. An appeal from a deadlocked decision at Step 2 may be initiated by SCUPA by written notice of the intent to proceed to arbitration. This notice must be sent within fifteen (15) calendar days after the deadlocked decision from Step 2 to the Office of the Chancellor, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may beLabor Relations.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, a 9.1 A "grievance" or "grievances") between under the parties hereto arising during the term terms of this Collective Bargaining Agreement with respect is defined as an alleged violation, misinterpretation, or misapplication of the terms and conditions of this Agreement, including all matters of discipline. The parties shall make every effort to resolve any grievance, as defined above at the lowest step possible. Step 1. The member, either alone or accompanied by a representative of the bargaining unit, or the Union, shall present the grievance in writing to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by Supervisor within fourteen (14) days from the designated representatives date of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after actual occurrence or from the grieving party knew or with due diligence date the grievant should have known of the circumstances giving rise occurrence. The Supervisor shall investigate the matter and report his decision in writing to the grievance and must member and/or the Union within fourteen (14) days of its presentation. A copy shall be submitted sent to the Union by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievancemember/employee. 3Step 2. If In the event that the grievance is not resolvedsettled at Step 1, the grieving party may, matter will automatically proceed to Step 2. The Step 2 procedure will involve a meeting with the Manager or a designated representative and the Union Business Agent. The meeting will be held within sixty fourteen (6014) calendar days following of receiving the decision from the Supervisor. The issue(s) will be discussed and a written decision shall be issued by the representative within fourteen (14) days from the date of the meeting with the business agent. A copy of the decision will be mailed to the Union. The grievant will sign for a copy of the decision to acknowledge receipt. Step 3. In the event that the grievance meeting has not been satisfactorily resolved in Steps 1 or 2 above, the employee or the Union may initiate an appeal by serving upon the Employer's President or designated management member, a notice of the intent to proceed to a Step 3 grievance mediation hearing. An appeal must be submitted in writing within fourteen (or14) days after the response in Step 2 is received. The mediator will be selected from a list of mediators provided by the Pennsylvania Bureau of Mediation. Prior to convening the hearing, the parties can agree if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures decision of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall mediator will be final and binding upon all parties or received as a recommendation. The grievance mediation hearing will be scheduled in a timely manner. Step 4. In the Companyevent the matter is not resolved in Step 3, either the WGAE, and/or Union or the represented employee(s); and Employer may proceed to arbitration by notifying the costs other party within fourteen (14) days of the arbitration (e.g., arbitrator's fee, filing fees) shall receiving a written non-binding recommendation in Step 3. The arbitrator is to be borne equally jointly selected by the Company and parties within fourteen (14) days after the WGAEnotice has been given. If the parties fail to agree on an arbitrator, and each either party shall bear its own other costs, legal fees, and expenses relating to may request the arbitration. 5. A failure Pennsylvania Bureau of Mediation to submit a grievance or demand arbitration in accordance with list of three (3) possible arbitrators. The parties shall meet within fourteen (14) days of the requirements set forth abovereceipt of the list for the purpose of selecting the arbitrator. Each party will strike one name from the list, including the time limits, until only one name remains. The Employer shall permanently bar the grievance and/or the arbitration as the case may bestrike first.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFor the purposes of this Agreement, a "grievance" grievance or "grievances") com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation 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 ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this Agreement with respect right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the provisions Hospital shall notify the Union of this Agreement such suspension or its interpretation or any alleged breach thereofdischarge in writing, shall be discussed promptly and in good faith by within three days. It is the designated representatives mutual desire of the parties in hereto that com- plaints shall be adjusted as quickly as possible, and it is understood that an effort to attain an amicable settlement. 2employee has no grievance until he has first given his supervisor the opportunity of adjusting his complaint. All grievances must The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be raised in accordance with Section 1 above his immediate super- visor within sixty (60) calendar five days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party attention of the employee. Failing settlement within 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, no later than ninety and signed by him, to his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to him. Failing settlement, then: Within five days following the decision under Step the employee, accompanied by a union ▇▇▇▇▇▇▇, or with due diligence should have known 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: Step Within five days following the decision in the immedi- ately preceding step, the grievance shall be 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 desig- nated 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, applica- tion or alleged violation of the Agreement shall be originated at Step within ten days following the circumstances giving rise to the grievance. The Company 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 WGAE regular grievance procedure shall meet within ten (10) calendar days of receipt of the written grievance. 3not be thereby by-passed. If Where the grievance is not resolveda Hospital grievance, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance it shall be filed with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionGrievance Committee. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintThe grievance procedures set forth herein shall be the sole and exclusive method to be used by an employee, controversy, disputegroup of employees, or claim (herein, collectively, a "grievance" the Union for the settlement of disputes involving the interpretation or "grievances") between the parties hereto arising during the term application of any provision of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, Collective Bargaining Agreement. Employee discipline shall be discussed promptly and in good faith by the designated representatives of the parties in an effort subject to attain an amicable settlementthis Grievance procedure. 2. All grievances must A grievance shall be raised defined as and limited to a dispute or disputes involving the interpretation or application of a specific part or parts of this Agreement, and discipline. Any grievance filed under this procedure shall bear the name and signature of any and all employees bringing the grievance, except when the Union itself brings the grievance, in accordance which case the grievance will be signed by an officer of the Union. No grievance will be accepted which does not specifically set forth all the parts of the contract which are disputed or which are the subject of the dispute, and the grievance shall be limited to the section(s) so identified. 3. At all steps within the grievance procedure the employee or employees bringing the grievance shall be entitled to have Union representative(s) in attendance to assist him or her. The grievance procedure shall be administered in the following manner: Step 1. The employee(s), shall first file the grievance in writing, using the attached grievance form, with Section 1 above their Battalion Chief. The filing of a grievance shall be done within sixty ten (6010) calendar working days after of when the grieving party grievant knew or with due diligence should have known of the circumstances event giving rise to the grievance. In those cases where the Union files a grievance, the Union shall file the grievance and must be submitted by in writing with the grieving party to Operations Chief or his designee within ten (10) working days of when the non-grieving party in writing, no later than ninety (90affected employee(s) calendar days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance. The Company and procedure effectively will be at step 3 of this article. The day of the WGAE event shall not be counted when determining if a grievance was filed in a timely manner. For the purpose of this article, workdays shall not be defined with reference to the individual grievant or grievants, but rather shall mean 0730 to 1630 hours, Monday through Friday, excluding holidays. The Battalion Chief shall meet with the grievant within ten (10) calendar working days of receipt of the written grievancegrievance and shall submit his or her decision in writing to the grievant within ten (10) working days from the date of the meeting. 3Step 2. If the grievance is not resolvedresolved at Step 1, the grieving party maygrievant shall present the original grievance, together with the Battalion Chief’s response, to the Operations Chief or his designee, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (Effective July 1, 2013- March 31, 2014) Section 20.1 The Employer agrees to meet with duly accredited officers and committees of the Union upon grievances pertaining to meaning or application of the Agreement, in accordance with the procedure provided below. A grievance, subject to the following procedure, shall include any and all disciplinary actions taken by the Employer, and all questions and disputes involving contract interpretations and any and all questions and disputes involving conditions of employment. Step 1. Any complaintThe employee or the Union shall discuss the grievance with the immediate supervisor within seven (7) working days of the event which is the source of the grievance; provided, controversyhowever, disputeany grievance relating to a discharge from employment shall commence at Step 2 below.. Step 2. If there is failure to resolve at Step 1, or claim the grievance must be presented, within seven (herein7) working days from the failure to resolve in Step 1, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions Administrator or his/her representative, for investigation. The Administrator will provide for a meeting of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company Union and the WGAE shall meet Employer for negotiation purposes within ten seven (107) calendar working days of receipt of the Step 2 grievance. The Employer shall provide written grievancedisposition within seven (7) working days of the meeting. Failure of the Union to go to Step 2 within seven working days of the response of Step 1 of the grievance bars further action by the Union or the employee. Step 3. If the grievance is not resolvedsettled in Step 2., the grieving party grievance may, within sixty seven (607) calendar working days following after the answer in Step 2., be presented in Step 3. A Step 4. If the grievance meeting (oris not settled in Step 3, if the parties fail Union will notify the Employer’s Area Director of Human Resources, in writing, of its intention to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the any grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Associationarbitration. The arbitrator will be selected by and from the staff of the Wisconsin Section 20.2 The cost of the arbitration shall have jurisdiction be shared equally by the Employer and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionUnion. 4. Section 20.3 The determination decision of the arbitrator shall be final and binding upon on both parties. The arbitrator has no authority to add to, subtract from, modify, or ignore any provision of this Agreement. Section 20.4 The Employer shall notify the CompanyUnion, in writing, of the WGAE, and/or names of the represented employee(s); Administrator and the costs names of the arbitration (e.g.respective department heads, arbitrator's feeor any changes therein, filing feesto whom grievances are to be directed, pursuant to the step outlined in Section 4.1 of this Article. The Union has no obligation to deal with any representative of the Employer not identified on this list. Section 20.5 The time limits specified in this Article are intended to be maximum time limits and are to be construed as being binding on the Union, employee(s) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating Employer. Grievances not processed within the time limits specified herein will be deemed to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance have been settled consistent with the requirements set forth abovelast response of the Employer. Time limits specified in this Article may be extended through mutual agreement between the parties. Saturdays, including Sundays and holidays shall not be construed as working days for the time limits, shall permanently bar the grievance and/or the arbitration as the case may bepurpose of this Article.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaint, controversy, dispute, or claim (herein, collectively, A grievance for purposes of this Article is defined as a "grievance" or "grievances") between written dispute concerning the parties hereto arising during the term interpretation and application of this Agreement with respect to a particular situation; Employer rules, Employer regulations or Employers policies impacting wages, hours or conditions of employment; or as to whether the terms of the Agreement have been observed and performed. The parties will follow the procedure for adjustment and settlement of such grievances as outlined in the following Sections of this Article. This article shall supersede any and all other Employer policies, rules or regulations relating to employee complaints or grievances. Furthermore, this article shall be the exclusive internal process for addressing non-statutory complaints. Notwithstanding the provisions of this Agreement or its interpretation or any alleged breach thereofArticle, shall be discussed promptly and in good faith by the designated representatives of the parties believe in an effort the value of resolving disputes informally, if possible , through discussion and without resort to attain an amicable settlementthe formal grievance procedure. For example, the parties may mutually agree to request "grievance mediation" from the Federal Mediation and Conciliation Service (FMCS) prior to submitting the dispute to arbitration. The grievance mediation mediator shall not be appointed as arbitrator. Section 2. All grievances must under this Article shall be raised in accordance writing, signed by the aggrieved employee(s) and/or the Union Representative on a form agreed upon by the Union and the Employer, which shall include the date the grievance is filed, statement of grievance and remedy sought, and identification of Article(s) of this Agreement, if applicable, alleged to have been violated. Section 3. The Employer and Union mutually agree to suspend grievances that are also a part of an employee 's lawsuit or complaint before an administrative agency. Section 4. Grievances under this Article shall be handled as follows: Step 1: The parties recognize that many problems will be discussed and resolved between the Employer, a Union representative, and the employee involved in the controversy or dispute. Informal settlements are encouraged. If a problem is not resolved informally, the procedure outlined below will be followed. Step 2: The aggrieved Employee(s) and/or the Union representative shall submit the grievance in writing to the aggrieved employee 's immediate supervisor(s), with Section 1 above within sixty (60) a copy to the Executive Director, not later than 30 calendar days after the grieving party knew or with due diligence should have known of date on which the circumstances alleged act giving rise to the grievance and must be occurred or after the date on which there was reasonable basis for knowledge of the occurrence. If a grievance has not been submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) within 30 calendar days after the grieving party knew date on which the alleged act transpired, or with due diligence should have known after the date on which there was reasonable basis for knowledge of the circumstances occurrence, the Employee(s) forfeits the right to file the grievance. The Executive Director shall offer to hold a meeting within 10 workdays of the date the written grievance was received. The Executive Director shall provide a decision in writing to the employee(s) within five (5) business days of the meeting. In the case when the employee(s) grievance is against the Executive Director, the employee(s) shall submit the grievance in writing to ACLU of WV Board President with a copy to the ACLU of WV Secretary, not later than 30 calendar days after the date on which the alleged act giving rise to the grievancegrievance occurred or after the date on which there was reasonable basis for knowledge of the occurrence. The Company ACLU of WV Board President shall offer to hold a meeting within ten (10)business days of the date the written grievance was received and shall provide a decision in writing to the WGAE employee(s) within five (5) business days of the meeting, and in the event that the matter is not resolved in Step 2, the aggrieved employee(s) and/or the Union representative will proceed to Step 4. The employee(s) has a right to the presence of a Union representative at such meeting. Prior to the meeting, to the extent possible, both the employee(s) and/or the Union representative shall meet have the right to inspect and obtain one copy of all documents relevant to the factual basis of the dispute upon which the Employer or Employee(s) intends to rely. If documents are not available at the time of the meeting, the Employer shall provide the documents as soon as possible after the meeting. Step 3: If the grievant(s) and/or the Union representative is not satisfied with the written response under Step 2, they may submit, in writing, a request to mediate within ten (10) calendar business days of the receipt of such response or denial. The Employer will notify the written union in writing within five (5) business days of the request whether it agrees to mediate the dispute. In the event that the Employer declines to mediate the grievance. 3, the union will have an additional twenty (20) business days to request arbitration. If the grievance is not resolvedEmployer and the Union agree, the grieving an independent third party may, within sixty (60) calendar days following the grievance meeting (or, if agreed to by the parties fail to meet may serve as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance a mediator. Any costs associated with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) hiring a paid mediator shall be borne by equally by the Company Employer and Union. If the parties are unable to resolve the grievance through the mediation process, the Union may elect to pursue arbitration by giving written notice to the Executive Director within ten (10) business days of the conclusion of the mediation. Step 4: Contractual grievances and disciplinary grievances involving suspension or termination, which have not been settled at Step 2 - 3, it may be submitted to arbitration in the following manner: Within 20 business days of receiving the Step 2 or Step 3 response, the Union, and not the aggrieved employee(s), shall provide written notice to the immediate supervisor(s) and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating Executive Director requesting arbitration to the arbitrationFederal Mediation and Conciliation Service (FMCS) or an alternative forum as agreed to by the parties. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaint, controversy, dispute, The grievance/arbitration procedure provides the means by which disputes or claim (herein, collectively, a "grievance" or "grievances") problems between the parties hereto arising during which arise concerning the term application, meaning or interpretation of this Agreement with respect are to the provisions of this Agreement or its interpretation or any be resolved. An alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives violation of the parties Agreement must be taken up at STEP 1 of the procedure (unless otherwise specified in an effort to attain an amicable settlementthis Agreement) within thirty (30) days from the time the employee had knowledge, or in the normal course of events should have had knowledge, of the occurrence that created the problem. Disciplinary actions must be grieved within the thirty (30) day period, except for suspension and discharge (See Article 64 - Discipline and Discharge). 2STEP 1. All grievances must be raised The employee or the Association on the employee's behalf shall present their grievance in accordance with Section 1 above writing on the "Official Grievance Form" or facsimile, to their immediate supervisor within sixty (60) calendar days after the grieving party knew or with due diligence should have known appropriate time limit. The grievance statement shall include: a. The date the grievance occurred; b. A description of the circumstances giving rise 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 their representative, either in person or by telephone, within seven (7) days of filing the grievance, unless such discussion is mutually waived. The supervisor shall investigate the grievance and must be submitted by the grieving party to the non-grieving party respond in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet writing within ten (10) calendar days of the grievance discussion or receipt of the grievance if discussion was waived. STEP 2. If the STEP 1 response is unsatisfactory, the Association may advance the written grievance and the STEP 1 response to the Manager at STEP 2. The grievance must be submitted within ten (10) days of either the receipt of the response at STEP 1, or the date the response was due, whichever occurs first. 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 their designee, except for ▇▇▇▇▇▇▇▇▇ Cottage which shall be 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 the receipt of the response at STEP 3, or the date the response was due, whichever occurs first. Arbitration. If the grievance is not resolvedsatisfactorily resolved by the Labor Relations Unit, the grieving party mayAssociation, on behalf of the grievant, may advise the Labor Relations Unit within sixty ten (6010) calendar days following 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 meeting (orprocedure the Employer fails to issue a response within the time limits set forth in this Article, if the grievance shall automatically advance to the next step of the 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 fail to meet as prescribed above, within sixty (60) calendar days of presenting understand that the written grievance), submit grievant will explain the grievance and indicate the contract provision(s) violated to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures best of their understanding. Beginning at STEP 1, the parties agree that the description of the American Arbitration Associationproblem will be complete and that the contract provision(s) alleged to be violated will be specifically identified. Section 5. The arbitrator parties agree to use the "Official Grievance Form" or facsimile for the processing of grievances and that beginning at STEP 2, it shall have jurisdiction and authority solely to interpret, apply, and/or determine be complete with all information required on the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4form at that Step. The determination of the arbitrator shall Official Grievance Form can be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration obtained by going to ONA’s website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇ or call ONA’s office at (e.g., arbitrator's fee, filing fees▇▇▇) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration▇▇▇-▇▇▇▇. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. (1) A grievance is defined as a claim or allegation by an employee or the Union that the employer has violated or misinterpreted a provision of this Agreement. Any complaintAn employee or the Union should raise the grievance orally with a supervisor or the Human Resource Department within ten (10) days (excluding weekends and legal holidays) of the event(s) giving rise to the grievance(s). If the grievance is not thereafter resolved within ten (10) days (excluding weekends and legal holidays), controversythen the grievance must be reduced to writing and served upon the employer within twenty-five (25) days (excluding weekends and legal holidays) of the event(s) giving rise to the grievance(s). The written grievance should state facts sufficient to indicate the nature of the grievance(s). The time limitations stated above and below shall be adhered to unless the parties agree in writing to amendments, disputewhich agreement will not be unreasonably withheld. (2) Within thirty (30) days (excluding weekends and legal holidays) of the employer's receipt of the written grievance, or claim the employer and the Union agree to schedule and hold a meeting in an attempt to resolve the grievance. If the employer and the Union cannot resolve the grievance at the meeting, the Union has the right to refer the grievance to arbitration. The grievance referred to arbitration should be in writing and received by the employer within fifteen (herein, collectively, a "grievance" or "grievances"15) days (excluding weekends and legal holidays) of the meeting between the employer and the Union referred to above. The Union will thereafter send a letter to the Federal Mediation and Conciliation Service (FMCS), copying the employer, and requesting the FMCS to send to each of the parties hereto arising during a panel of nine (9) arbitrators, from which the term parties will select an arbitrator by alternately striking names from the list until only one name remains. Before any names are struck, either party can reject the first panel of arbitrators as submitted to the parties by the FMCS. If this happens, the Union will then notify the FMCS, copying the employer, and request a second panel of nine (9) arbitrators. The parties will thereafter alternately strike names from the second and final panel of nine (9) arbitrators until only one name remains. A coin flip will determine which party strikes first. (3) Merit pay determinations under Article III, renewal of this Agreement with respect contract and reduction in force, shall not be arbitrable under this agreement. (4) Jurisdiction of the arbitrator shall be limited to: a) The adjudication of issues that are subject to submission to the arbitrator under the terms of this Agreement, and b) Interpretation of the provisions of this Agreement, which are applicable to the issue(s) presented to the arbitrator. Such jurisdiction shall not give the arbitrator authority to add to, subtract from, change or modify the provisions of this Agreement or its interpretation to consider industry practice or any alleged breach thereofcustom. The arbitrator may, shall be discussed promptly and in good faith by however, consider the designated representatives past practice of the parties in an effort to attain an amicable settlementor the common law of the parties' shop. 2. All grievances must be raised c) In making an award of back pay, if any, the arbitrator shall consider evidence presented going to mitigation. d) The rendition of a decision or award in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known writing which shall include a statement of the circumstances giving rise to the grievance facts and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety reasons upon which such decision or award is based. (905) calendar days after the grieving party knew The arbitrator shall render a decision or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet award within ten thirty (1030) calendar days of receipt the date of presentation of written briefs by the written grievance. 3parties. If In the grievance is not resolvedabsence of briefs, the grieving party may, he shall render his decision or award within sixty thirty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (6030) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures close of the American Arbitration Associationhearing. The parties may agree in writing to extend the preceding time periods. Such agreement shall not be unreasonably withheld. (6) No one arbitrator shall have jurisdiction and authority solely more than one (1) grievance submitted to interpret, apply, and/or determine the meaning of any provision of this Agreementhim, and under consideration by him, at any one time unless the parties hereto otherwise agree in writing. Such agreement shall have no power to change, add to, or subtract from any provisionnot be unreasonably withheld. A grievance shall be deemed under consideration by an arbitrator until the arbitrator has rendered his decision and award in writing. 4. (7) The determination decision or award of the arbitrator within the limits herein described shall be final and binding upon the Company, patties unless the WGAE, and/or the represented employee(s); and the costs decision or award fails to meet any of the arbitration (e.g., following standards: a) The award must draw its essence from the Agreement; b) The arbitrator's feedecision or award must not add to, filing feessubtract from, change or modify the provisions of the Agreement; c) The arbitrator's decision or award must not dispense the arbitrator's own brand of industrial justice outside of the provisions of the Agreement. (8) Only grievances that involve an alleged violation or misinterpretation by the employer of a provision(s) in this Agreement shall be subject to arbitration. (9) All fees and expenses of the arbitration, including the cost of a transcript, shall be borne equally by the Company and the WGAE, and each patties. Each party shall will bear its own other costs, legal fees, expenses and expenses relating costs incidental to the arbitrationwitnesses. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Labor Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint6.01 In the event of any complaint by an employee covered by this agreement that he/she had been dealt with contrary to its terms, controversy, disputehe/she may take the matter up as a grievance with the employer within and not after three (3) days of the incident excluding weekends or holidays, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during time at which the term of this Agreement with respect employee could reasonably have been expected to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives become aware of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances incident giving rise to the grievance. (a) The aggrieved employee shall first take up the matter verbally with his immediate Supervisor who shall render a verbal decision immediately, unless other reference is required, but at least by the employee's next shift. The Company aggrieved employee may request the presence of his/her ▇▇▇▇▇▇▇ if the company has more than one person present. (b) If the matter is not settled, the matter shall within and not after three (3) working days from the date a decision was given in step (a) present in writing on Union forms made out in triplicate, with the original for the Company, 2 copies for the Union and a copy for the employee. A subsequent meeting with the Plant Manager or his/her delegate and the WGAE shall meet within ten Human Resources Director or his/her delegate and the Union (10Committee Chairperson, Committee Vice-Chairperson, Committee Secretary and ▇▇▇▇▇▇▇) calendar days of receipt will be held. The grievor, Supervisor and Leadhand (if involved in the mater) may attend the meeting for the presentation of the written grievancefacts then the grievor and Leadhand will withdraw. A decision will be made within seventy-two (72) hours, excluding weekends and holidays. Policy grievances, including cases of discharge, may be presented at this stage by either the Company or the Union. 3. If (c) In the grievance event a settlement is not resolvedachieved at Step (b), the grieving party mayUnion shall within, within sixty and not after three (603) calendar working days following from the grievance meeting date a decision was given at Step (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievanceb), submit inform the grievance to arbitration before an impartial arbitrator selected in accordance Company the problem will be taken up with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon Corporate management at a meeting between the Company, the WGAEUnion (Committee Chairperson. Committee Vice-Chairperson, and/or the represented employee(sCommittee Secretary); . and the costs of Union Representative. After the arbitration (e.g., arbitrator's fee, filing fees) meeting a decision shall be borne equally by the Company rendered within seventy-two (72) hours, excluding weekends and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationholidays. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, a 17.01 Hereafter the word "grievance" denotes any disagreement arising from a supposed violation, misinterpretation, or "grievances") misapplication of all of or any part of the Agreement between the parties hereto arising during Corporation on the term one hand and a member or a group of members or the Association on the other hand. 17.02 The grievance and arbitration procedures under this Article shall not be available for the resolution of disputes exclusively concerned with the renewal of probationary appointments, with tenure, and with promotion, except where the member or the Association alleges violation of academic freedom or discrimination under Articles 5.00 and 4.03, respectively, of this Agreement Agreement. Notwithstanding the foregoing, grievance and arbitration procedures shall be available for matters relating to lay-offs due to financial exigency (Article 19) or changes in the composition of the faculty (Article 18). 17.03 Except as otherwise specified in this Agreement, the procedures detailed hereunder shall be the sole method for the resolution of complaints or grievances arising from the interpretation and application of this Agreement. There shall be no discrimination, harassment, or coercion of any kind against any person who elects to use these procedures. 17.04 All communications required by these grievance and arbitration procedures shall be delivered by internal receipted mail or by external registered mail with respect acknowledgment of receipt. 17.05 Each stage of the procedure for the settlement of grievances described in the articles below must be completed before passing to the provisions of this Agreement or its interpretation or any alleged breach thereofnext stage, shall be discussed promptly and in good faith except by the designated representatives written consent of the parties concerned or except as provided for in an effort to attain an amicable settlementArticles 17.14, 17.19, 19.13 and 18.11. 2. All grievances must 17.06 Time limits may be raised extended through mutual written agreement between the grievant and the grievance committee. 17.07 A member may submit a grievance in accordance with Section 1 above writing to the Principal, within sixty thirty (6030) calendar days after the grieving party knew or with due diligence should have known of obtaining knowledge of the circumstances event giving rise to the grievance and must be submitted by grievance, but no longer than six (6) months after the grieving party event(s) which gave rise to the non-grieving party in writinggrievance, no later than ninety (90) calendar days after except where the grieving party knew or with due diligence should member could not reasonably be expected to have known become aware of the circumstances event(s) within the six (6) month period. Notwithstanding the above, a member on leave may submit a grievance on financial matters within six (6) months of obtaining knowledge of the event giving rise to the grievance. The Company and grievance shall specify the WGAE clause(s) of the Agreement on which it is based. 17.08 The Principal shall reply in writing with a copy to the Association, within fourteen (14) days after receipt of the grievance. 17.09 If the Principal does not reply within the time limit set in Article 17.08, or if the response is not satisfactory to the member, then the member may submit the grievance to the chairperson of the Joint Committee established under Article 31. This submission must be made within fourteen (14) days of the receipt of the response or within fourteen (14) days after the expiry of the time limit set in Article 17.08. 17.10 If any member of the Joint Committee is involved in a grievance, then he/she shall be replaced by a nominee from the appropriate body. 17.11 The Joint Committee shall meet within ten (10) calendar days of receipt receiving notice of a grievance. At each meeting minutes will be kept recording the positions of the written grievanceparties and the decision reached if there is one. The grievant shall have the right to appear before the Joint Committee accompanied by an advisor if he/she so wishes. The grievant shall be allowed to examine the minutes of the Joint Committee relating to his/her case. 3. If 17.12 All decisions reached by the grievance is not resolvedJoint Committee must be unanimous, the grieving party mayin writing, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures signed by all members of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this AgreementJoint Committee, and shall have no power to change, add to, or subtract from any provision. 4. The determination of constitute an agreement between the arbitrator shall be final and binding upon the CompanyAssociation, the WGAE, and/or the represented employee(s); Corporation and the costs of the arbitration (e.g.member involved, arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be. Such decisions shall not constitute precedents. 17.13 The Joint Committee shall report, in writing, the decision reached or the lack of one, as the case may be, to the parties concerned within twenty-one (21) days of the initial meeting of the Joint Committee. 17.14 Association & Corporation Grievances A grievance arising directly between the Corporation and the Association concerning the interpretation, application or alleged violation of this Agreement shall be carried directly to the Joint Committee. The time limits for the Association or the Corporation to bring the grievance to the Joint Committee shall be those stipulated in 17.07. 17.15 The Association shall have the right to carry grievances involving a member through all stages of the grievance procedures in this Agreement. 17.16 The Association shall have the right to bring grievances involving groups of members directly to the Joint Committee.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaintA grievance within the meaning of this Agreement shall be any difference of opinion, controversy, dispute, controversy or claim (herein, collectively, a "grievance" or "grievances") dispute arising between the parties hereto arising during relating to any matter of wages, hours and working conditions, or any dispute between the term parties involving interpretation or applications of any provision of this Agreement with respect and shall be processed in the following manner: (a) An aggrieved employee must first present the grievance to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by Employer and/or the designated representatives of the parties in an effort to attain an amicable settlement. Union ▇▇▇▇▇▇▇ within two (2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar working days after the grieving party knew or with due diligence should have known of the circumstances giving rise to grievance occurs. (b) If the grievance and must is not settled in the first step within two (2) working days, it shall be submitted by the grieving party to the non-grieving party presented, in writing, no later than ninety (90) calendar days after through the grieving party knew or with due diligence should have known of the circumstances giving rise Union, to the grievance. The Company and Employer, within five (5) working days thereafter. (c) If no agreement can be reached on the WGAE shall meet grievance within ten (10) calendar working days from the date it was first presented to the Employer, either the Employer or the Union may request, in writing, that the matter be submitted to a Board of receipt Adjustment within three (3) working days thereafter. The Board of Adjustment shall be comprised of two (2) representatives of the written Union to be selected by the Union, and two (2) representatives of the Employers signatory to this Agreement and shall be selected by the Employer involved in the grievance. The Board of Adjustment shall render its decision within five (5) working days after submission. 3. If the grievance (d) Ifthe Board of Adjustment is not resolvedunable to reach a decision within five (5) working days, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail they shall endeavor to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before mutually select an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator render a decision which shall be final and binding upon on all parties to the Company, grievance. If the WGAE, and/or the represented employee(s); Employer and the costs Union cannot agree upon an arbitrator within seventy-two (72) hours, a joint request will be made to the Federal Mediation and Conciliation Service to forward a list of five (5) impartial arbitrators with each side having the privilege of scratching two (2). Decision of the arbitration (e.g., arbitrator's fee, filing fees) shall arbitrator to be borne final and binding with the expense of the arbitrator to be divided equally by the Company parties. Time limits set forth shall exclude Saturdays, Sundays and Holidays. Time limits may be extended by mutual consent of the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating parties. (e) Nothing contained herein may be interpreted to permit or grant power to the arbitrationarbitrator to alter, amend, modify or otherwise change any terms or conditions of the collective bargaining agreement. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Section 1 Any complaintdisputes, controversymisunderstandings, dispute, differences or claim (herein, collectively, a "grievance" or "grievances") grievances arising between the parties hereto arising during as to the term meaning, interpretation and application of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and processed in good faith by the designated representatives of following manner: a) An employee must first present the parties in an effort grievance to attain an amicable settlement. the Employer and/or the Union ▇▇▇▇▇▇▇ within two (2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar working days after the grieving party knew or with due diligence should have known of the circumstances giving rise to grievance occurs. b) If the grievance and must is not settled in the first step within two (2) working days, is shall be submitted by the grieving party to the non-grieving party presented, in writing, no later than ninety (90) calendar days after through the grieving party knew or with due diligence should have known of the circumstances giving rise Union, to the grievance. The Company and Employer within five (5) working days thereafter. c) If no agreement can be reached on the WGAE shall meet grievance within ten (10) calendar working days from date it was first presented to the Employer, either the Employer or the Union may request, in writing, that the matter be submitted to the Board of receipt Adjustment within three (3) working days thereafter. The Board of Adjustment shall be comprised of two (2) representatives of the written grievanceUnion to be selected by the Union and two (2) representatives of the Employer to be selected by the employer. The Board of Adjustment shall render its decision within five (5) working days after submission. 3d) If the Board of Adjustment is unable to reach a decision in five (5) working days, they shall endeavor to mutually select an impartial arbitrator to render a decision which shall be binding on all parties to the grievance. If the grievance is Employer and the Union cannot resolvedagree upon an arbitrator within seventy-two (72) hours, a joint request will be made to the grieving party may, within sixty Federal Mediation and Conciliation Service to forward a list of five (605) calendar days following impartial arbitrators with each side having the grievance meeting option of scratching two (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance2), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination Decision of the arbitrator shall is to be final and binding upon with the Company, the WGAE, and/or the represented employee(s); and the costs expense of the arbitration (e.g., arbitrator's fee, filing fees) shall arbitrator to be borne divided equally by the Company parties. Time limits set forth shall exclude Saturdays, Sundays and Holidays. Time limits may be extended by mutual consent of the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating parties. e) Nothing contained herein may be interpreted to permit or grant power to the arbitrationarbitrator to alter, amend, modify or otherwise change any terms or conditions of the collective bargaining agreement. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation 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 any alleged breach thereofdischarge, 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. Early Resolution‌ Such complaint shall be discussed promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above their immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver their decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to him or with due diligence should have known 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 (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and the Union Representative who may be accompanied by the Union ▇▇▇▇▇▇▇(s) or Grievance Committee as applicable of the circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaintA grievance within the meaning of this Agreement shall be any difference of opinion, controversy, dispute, controversy or claim (herein, collectively, a "grievance" or "grievances") dispute arising between the parties hereto arising during relating to any matter of wages, hours and working conditions, or any dispute between the term parties involving interpretation or application of any provision of this Agreement with respect and shall be processed in the following manner: a. An aggrieved employee must first present the grievance to the provisions of this Agreement or its interpretation or any alleged breach thereofEmployer and/or the Union ▇▇▇▇▇▇▇ within two (2) working days after grievance occurs. b. If the grievance is not settled in the first step within two (2) working days, it shall be discussed promptly and presented in good faith by writing through the designated representatives of Union to the parties in an effort to attain an amicable settlementEmployer within five (5) working days thereafter. 2. All grievances must c. If no agreement can be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to reached on the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar working days from the date it was first presented to the Employer, either the Employer or the Union may request in writing that the matter be submitted to a Board of receipt Adjustment within three (3) working days thereafter. The Board of Adjustment shall be comprised of two (2) representatives of the written Union to be selected by the Union and two (2) representatives of the Employers signatory to this Agreement and shall be selected by the Employer involved in the grievance. The Board of Adjustment shall render its decision within five (5) working days after submission. 3d. If the Board of Adjustment is unable to reach a decision in five (5) working days, they shall endeavor to mutually select an impartial arbitrator to render a decision which shall be binding on all parties to the grievance. If the grievance is Employer and the Union cannot resolvedagree upon an arbitrator within seventy-two (72) hours, a joint request will be made to the grieving party may, within sixty Federal Mediation and Conciliation Service to forward a list of five (605) calendar days following impartial arbitrators with each side having the grievance meeting option of scratching two (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance2), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination Decision of the arbitrator shall is to be final and binding upon binding, with the Company, the WGAE, and/or the represented employee(s); and the costs expense of the arbitration (e.g., arbitrator's fee, filing fees) shall arbitrator to be borne divided equally by the Company parties. Time limits set forth shall exclude Saturdays, Sundays and Holidays. Time limits may be extended by mutual consent of the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating parties. e. Nothing contained herein may be interpreted to permit or grant power to the arbitrationarbitrator to alter, amend, modify, or otherwise change any terms or conditions of the collective bargaining agreement. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, 31.01 Should differences arise as to the interpretation or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term application of this Agreement with respect to the provisions of this Collective Agreement or its interpretation should grievance occur within a department covered by this Collective Agreement, this to include discharge or any alleged breach thereoftermination without cause, there shall be discussed promptly and in good faith no strike, stoppage of work or suspension of work by the designated representatives Union or Employees or lockout by the Employer on account of such differences or grievance until the parties following procedure has been carried out: (a) Grievances are to be submitted within six (6) months of occurrence except in the case of a grievance arising from an effort to attain an amicable settlement. 2. All grievances Employee's discharge or termination, in which case the grievance must be raised in accordance with Section 1 above submitted within sixty (60) calendar days after of occurrence. Time runs from the date that the grieving party knew knew, or with due diligence should have reasonably known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances incident giving rise to the grievance. The Company Employee or Employees, or the Employer shall report the grievance to the shop ▇▇▇▇▇▇▇ or shop ▇▇▇▇▇▇▇, the latter shall take the matter up with a representative of management or report the matter 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 WGAE shall meet name and address of its choice of an arbitrator. After receiving such notice and a statement, the other party shall, within ten five (105) calendar days of receipt of agree to the written grievance. 3proposed single arbitrator or suggest alternate arbitrator(s). If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the two parties fail to meet as prescribed aboveagree on a single arbitrator within three (3) days, within sixty they shall forthwith request the Labour Relations Board to appoint an arbitrator. (60c) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely the power in allowing a grievance to interpretrectify the matter complained of, applyincluding the awarding of lost pay, and/or determine the meaning of any provision of this Agreementif any, and shall have no power to change, add to, or subtract from any provision. 4reinstatement in employment. The determination decision of the arbitrator shall be final and binding upon both parties. However in no event shall the Company, arbitrator have the WGAE, and/or power to alter or amend the represented employee(s); and Collective Agreement in any respect. (d) The parties mutually agree to exclude the costs operation of Section 87 of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationLabour Relations Code of British Columbia from this Collective Agreement. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, In the event that the IATSE or claim (herein, collectively, the Employer contends that the other party has violated a "grievance" or "grievances") between the parties hereto arising during the term provision of this Agreement with respect to Agreement, the provisions of this Agreement or its interpretation or any alleged breach thereof, following procedures shall be discussed promptly and in good faith by the designated representatives applicable: a. Within twenty calendar days of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty time the employee, Employer or the Union knew (60) calendar days after the grieving party knew or with due diligence reasonably should have known known) of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance, IATSE must give written notice to the Employer (directed to ▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, or his designated representative) of the claim. The Company Employer must give such written notice to the designated IATSE Representative. b. Step One. Within ten business days after receipt of the grievance, a representative of the Employer and the WGAE a local Union Representative shall meet to resolve the grievance. If the matter is resolved, it shall be binding on all parties. If the matter is not resolved in Step One, the aggrieved party may by written notice within ten days after the Step One meeting request to have the grievance moved to Step Two. c. Step Two. A representative of the IATSE and a designated representative of the Employer shall, within ten (10) calendar business days of after receipt of the written grievancenotice that the Union wishes to discuss the grievance in Step Two, meet and discuss the matter and attempt to effect a settlement of said controversy or dispute. Any agreement arrived at by such representatives shall be final and binding. The time limit for the meeting may be extended by mutual agreement. 3d. Step Three. If In the grievance event that such controversy or dispute is not resolvedsettled by the Employer and the IATSE in Step Two, within ten business days after the Step Two meeting, then such controversy or dispute may be submitted to arbitration. The demand for arbitration must be made in writing by the IATSE or the Company, no later than fifteen (15) business days after the aggrieved party receives a final answer in Step Two. Each party shall bear half the cost of the arbitrator’s fees and expenses.‌ e. Unless the parties have otherwise agreed upon an arbitrator, the grieving party may, within sixty arbitrator shall be selected by requesting FMCS (60Federal Mediation and Conciliation Service) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days provide a list of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures seven arbitrators who are members of the American Arbitration AssociationNational Academy of Arbitrators for the region covering the Chicago metropolitan area. The arbitrator parties shall flip a coin to decide who shall have jurisdiction and authority solely the first selection of arbitrators. The last person left shall be the designated arbitrator. f. Processing a claim or discussing its merits shall not be considered a waiver of a defense that the matter is not arbitral or that it should be denied for reasons which do not go to interpret, apply, and/or determine the meaning of any provision of this Agreement, and merits. g. The arbitrator shall have no power to changemodify, add to, or subtract from any provisionthe terms of this Agreement, but shall only determine whether the Agreement has been violated in the manner alleged in the grievance, and, if so, what the remedy should be within the meaning of the Agreement. 4. h. The determination decision of the arbitrator arbitrator, within the limits indicated above, shall be final and binding upon the Company, grievant and all parties. i. The grievance and arbitration procedure is to be the WGAE, and/or the represented employee(s); sole and the costs exclusive remedy for any claimed breached of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own this Agreement or any other costs, legal fees, and expenses grievable dispute relating to the arbitrationemployment by the Employer of employees covered by this Agreement. 5. A failure to submit j. If a grievance or demand arbitration is not processed at any stage in accordance with the requirements set forth above, including the stated time limits, it shall permanently bar the grievance and/or the arbitration as the case may bebe deemed withdrawn. All time limits are subject to extension, but only by mutual written agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintThe grievance procedures set forth herein shall be the sole and exclusive method to be used by an employee, controversy, disputegroup of employees, or claim (herein, collectively, a "grievance" the Union for the settlement of disputes involving the interpretation or "grievances") between the parties hereto arising during the term application of any provision of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, Collective Bargaining Agreement. Employee discipline shall be discussed promptly and in good faith by the designated representatives of the parties in an effort subject to attain an amicable settlementthis Grievance procedure. 2. All grievances must A grievance shall be raised defined as and limited to a dispute or disputes involving the interpretation or application of a specific part or parts of this Agreement, and discipline. Any grievance filed under this procedure shall bear the name and signature of any and all employees bringing the grievance, except when the Union itself brings the grievance, in accordance which case the grievance will be signed by an officer of the Union. No grievance will be accepted which does not specifically set forth all the parts of the contract which are disputed or which are the subject of the dispute, and the grievance shall be limited to the section(s) so identified. 3. At all steps within the grievance procedure the employee or employees bringing the grievance shall be entitled to have Union representative(s) in attendance to assist him or her. The grievance procedure shall be administered in the following manner: Step 1. The employee(s), shall first file the grievance in writing, using the attached grievance form, with Section 1 above their Battalion Chief. The filing of a grievance shall be done within sixty ten (6010) calendar working days after of when the grieving party grievant knew or with due diligence should have known of the circumstances event giving rise to the grievance. In those cases where the Union files a grievance, the Union shall file the grievance and must be submitted by in writing with the grieving party to Deputy Chief or his designee within ten (10) working days of when the non-grieving party in writing, no later than ninety (90affected employee(s) calendar days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance. The Company and procedure effectively will be at step 3 of this article. The day of the WGAE event shall not be counted when determining if a grievance was filed in a timely manner. For the purpose of this article, workdays shall not be defined with reference to the individual grievant or grievants, but rather shall mean 0700 to1700 hours, Monday through Thursday, excluding holidays. The Battalion Chief shall meet with the grievant within ten (10) calendar working days of receipt of the written grievance and shall submit his or her decision in writing to the grievant within ten (10) working days from the date of the meeting. Step 2. If the grievance is not resolved at Step 1, the grievant shall present the original grievance, together with the Battalion Chief’s response, to the Deputy Chief or his designee, within ten (10) working days of the date the grievant received the Battalion Chief’s response. Within ten (10) working days from his receipt of the grievance, the Deputy Chief or his designee shall provide his answer to the grievance. Step 3. If the grievance is not resolvedresolved at Step 2, the grieving party maygrievant shall present the original grievance, together with the Deputy Chief’s response, to the Fire Chief or his designee, within sixty ten (6010) calendar working days following of the date the grievant received the Deputy Chief’s response. Within ten (10) working days from his receipt of the grievance, the Fire Chief or his designee shall provide his answer to the grievance. Arbitration If the grievant is dissatisfied with the grievance meeting resolution issued by the Fire Chief or his designee, the matter may be submitted for final and binding arbitration as provided in this Article. Only the Union may bring a grievance to arbitration. (ora) Within ten (10) working days from the decision of the Fire Chief, if the Union must notify the Chief of its intention to arbitrate and shall request from the Federal Mediation and Conciliation Service (FMCS) a list of seven (7) names of qualified arbitrators who shall be required to maintain a travel address within Florida. The District or the Union may reject the entire list, but each party shall only be entitled to strike one such list. Within fifteen (15) working days after the receipt of the list of arbitrators, representatives of the parties fail to meet as prescribed aboveshall confer and each party shall alternately strike names, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures Union striking first. The last name on the list after the parties have struck three (3) names each shall be the arbitrator selected. The Employer or the Union shall notify FMCS of the American Arbitration Associationselection within five (5) working days from the date the names were struck. As promptly as can be arranged, the arbitration hearing shall be held. Each party shall bear the cost of its own representative, counsel and witnesses. The fees and reasonable expenses of the arbitrator shall be paid by the losing party. Upon request by either party a record of the hearing shall be made, either by a court reporter or other electronic recording. The requesting party shall be responsible for all of the expenses. Any expenses involved in transcribing the arbitration hearing shall be borne by the party requesting the transcript. Any such party requesting a copy of such transcript shall also be responsible for 50% of the cost for the recorder. The decision of the arbitrator shall be binding on the parties so long as it is consistent with Federal and State law and this Agreement. The arbitrator shall have jurisdiction and authority solely no power to interpretamend, applyadd to, and/or determine modify, ignore or subtract from the meaning of any provision terms of this Agreement, or to grant relief in the event he or she determines that the grievance was untimely filed or appealed. The arbitrator shall limit his or her decision strictly to the interpretation, application and shall have no power to change, add to, or subtract from any provisionenforcement of this Agreement. 4. (b) The determination arbitrator shall arbitrate only the issues presented. (c) In case of discipline, the role of the arbitrator shall be final to: i. Determine whether just cause exists to support the resulting discipline ii. Determine if the resulting discipline was proper, taking into account all evidence and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of testimony presented at the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationhearing. 5iii. A failure to submit a grievance Sustain the resulting discipline, if the arbitrator finds that the District acted properly. Modify or demand arbitration in accordance with eliminate the requirements set forth aboveresulting discipline, including if it is determined that just cause did not exist or that the time limits, shall permanently bar level of discipline imposed was inappropriate for the grievance and/or the arbitration as the case may betransgression alleged.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. 30.1 Any complaintdispute involving the application, controversyinterpretation, disputeadministration, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term alleged violation of this Agreement with respect 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 and grievances arising from the provisions application, interpretation, administration, or alleged violation of this Agreement or its interpretation or any alleged breach thereof, Agreement. 30.2 Grievances shall be discussed promptly 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 good faith the workplace. 30.3 Before the formal grievance procedure is initiated, reasonable attempts shall be made by the designated representatives 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 parties Employee, may file a grievance in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance writing with Section 1 above the Employer within sixty twenty (6020) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known becoming aware of the circumstances giving rise to the grievance. . 30.6 The Company 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 WGAE facts relied upon. 30.7 A meeting between two representatives of the Union and two representatives of the Employer shall meet be called within ten (10) calendar days of receipt the submission of the written grievance. The Employer representatives shall not be members of the Staff Relations Committee. The purpose of this meeting shall be to find a resolution to the grievance acceptable to both parties. 330.8 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 ▇▇▇▇▇▇▇ 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 Staff Relations Committee, the grievor and their Union representative(s) at a mutually agreeable time within fifteen (15) days of the notification to move to Stage 2. The Staff Relations Committee shall deliver their decision in writing to the Union within ten (10) working days of the meeting. If the grievance is still not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), Union may submit the grievance to arbitration before an impartial arbitrator selected as set out in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionArticle 30.16. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1Full-Time and Part-Time Insert the following standard language. Where the collective agreement provides otherwise and the parties cannot agree to the standard language, the existing provision will be maintained as non-standard language. Any complaint, controversy, dispute, or claim (herein, collectivelynon-standard provisions related to Grievance and Arbitration shall be continued under Article except as amended below. For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the STANDARD Final Guide Document, November, Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. At the time formal discipline is imposed or its interpretation at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or any alleged breach thereofdischarge, 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 promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety and signed by him, to (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievancedesignated by Hospital). The Company and the WGAE shall meet employee may be accompanied by a Union ▇▇▇▇▇▇▇. The (designated by Hospital) will deliver his decision in writing within ten five (105) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar 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 immediately preceding step, the grievance shall be submitted in writing to the (designated by Hospital).- A meeting will then be held between the (or, if designated by Hospital) and the parties fail to meet as prescribed abovedesignated union representatives who may be accompanied by the general representative of the Union, within sixty five (605) calendar days of presenting the written grievance), submit submission of the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures at Step unless extended by mutual agreement of the American Arbitration Associationparties. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.STANDARD

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint4.01 Either the Employer, controversy, dispute, the Union or claim (herein, collectively, any employee has a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement right to lodge a grievance with respect to the provisions any matter arising out of this Agreement or its interpretation concerning the interpretation, applica- tion or any alleged breach thereofviolation of this Agreement. 4.02 Any employee believing that she has been unjustly dealt with, or that the provi- sions of this Agreement have not been complied with, shall be discussed promptly have the right to place such griev- ances in the hands of the Union for review and in good faith adjustment by the designated representatives Employer, if necessary. Such grievances shall be presented indicating the provision of the parties in an effort to attain an amicable settlement. 2. All grievances Agreement which has been alleg- edly violated, and shall be processed as follows: Step One: The grievance must be raised in accordance with Section 1 above filed within sixty ten (6010) calendar working days after the grieving party knew or with due diligence should have known of the circumstances event giving rise to the grievance and must be submitted has been reported to the Manager. The Employer shall give a decision within five (5) working days from the date the grievance(s) took place or within a longer period of time agreed to by the grieving party parties in writing. Step Two: The written grievances shall be forwarded to the non-grieving party Director, Internal Operations, or designate, who shall have five (5) working days to render a decision in writing, no later than ninety (90) calendar days after writing to the grieving party knew or with due diligence should have known officers of the circumstances giving rise to Union. 4.03 An employee may contest her dismissal by filing a grievance directly at Step Two of the grievance. The Company and the WGAE shall meet grievance procedure within ten (10) calendar working days of receipt of the written grievanceafter her dismissal. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected 4.04 Grievances concerning wages shall be handled in accordance with the Labor Arbitration rules above procedures and procedures the disposition of such grievances, if sustained, shall include the effective date of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionwage adjustment. 4. The determination of 4.05 a) Failing settlement under the arbitrator foregoing procedure, such grievance may be submit- ▇▇▇ to Arbitration as hereinafter provided and if no written request for Arbitration is received which is postmarked within fourteen (14) days after the decision under Step Two is given, it shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating deemed to the arbitrationhave been abandoned. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFull-Time and Part-Time 8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation at any stage of the grievance procedure, an employee shall have the right to the presence of their ▇▇▇▇▇▇▇. In the case of suspension or any alleged breach thereofdischarge, the Hospital shall notify the employee of their 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 they have first given their immediate supervisor the opportunity of adjusting their complaint. The grievor may have the assistance of a Union ▇▇▇▇▇▇▇ if they so desire. Such complaint shall be discussed promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above their immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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 their immediate supervisor’s decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, no later than ninety and signed by them, to the immediate supervisor or designate . The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver their decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to them. 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 immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or with due diligence should have known 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 circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. Section 23.1 A grievance shall be defined as a written statement by either party alleging violation of the Agreement, setting forth in detail all grounds upon which such allegation is based. Section 23.2 For purposes of this Article, “business days” are defined as Monday thru Friday. Section 23.3 The parties shall attempt to resolve all disputes arising in connection with this Agreement on an informal basis. If the parties are unable to resolve such dispute in the manner provided in this Section, the party making the claim shall, within the applicable time limit set out below, serve a written grievance on the other party. The time limits under this Article may be extended by mutual agreement, provided that any extension of the time limits for filing a grievance must be in writing. Section 23.4 Step 1. Any complaint, controversy, disputeStep 1 of the grievance must be served in writing to the Department Head or designee within fifteen (15) business days of the day the occurrence arises or becomes known to, or claim (hereinshould reasonably have become known to, collectivelythe other party, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall grievance will be discussed promptly null and in good faith by the designated representatives of the parties in an effort to attain an amicable settlementvoid. Class action grievances begin at Step 2. 2. All grievances must be raised in accordance with Section 1 above within sixty 23.5 The Department Head (60or designee) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE Union shall meet within ten (10) calendar business days of receipt said service for the purpose of discussing and if possible, settling said grievance. The responding party shall give its answer within five (5) business days of the written grievance. 3conclusion of such meeting. If no answer is given within such time period, the grievance will be deemed to be denied. If such grievance is not resolvedsettled, the then: Section 23.6 Step 2. The grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit may move the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally Step 2 by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.submitting the

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. Any complaintIt is recognized that, controversyfrom time to time, dispute, or claim (herein, collectively, a "grievance" or "grievances"dispute(s) between the parties hereto arising during Company and its employees may occur. The employees will try to settle these differences as quickly as possible with their immediate ▇▇▇▇▇▇▇ or supervisor. The employee has the term right to be accompanied and assisted by a ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇. If the disagreement cannot be resolved between the parties, a grievance may be filed. A “grievance” is a dispute as to the interpretation, application, or alleged violation of this Agreement with respect to any of the provisions of this Agreement or its interpretation or any alleged breach thereofAgreement. Section 2. Should a grievance arise that is not verbally settled with the immediate supervisor, an ▇▇▇▇▇▇▇ effort will be made to settle such grievances in the following manner: Step 1: The grievance shall be discussed promptly and presented in good faith by writing to the designated representatives Human Resources Department within fifteen (15) days from the time the employee or filing Union ▇▇▇▇▇▇▇, Chief ▇▇▇▇▇▇▇, or Union President has knowledge of the parties occurrence. The supervisor has fifteen (15) days to respond in writing to the grievance. If the supervisor’s written answer is not accepted, the Union must advance the grievance through the Human Resources Department to the applicable manager or his designee in writing within fifteen (15) days following the supervisor’s written answer. Step 2: The applicable manager or his designee will have up to fifteen (15) days to conduct a grievance meeting. The meeting will be comprised of no more than three Union Representatives and up to three Company Representatives, to include at least one representative from the department from which the grievance arose. In an ▇▇▇▇▇▇▇ effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after resolve the grieving party knew or with due diligence should have known of dispute, the circumstances giving rise to Company and Union will disclose throughout the grievance process, facts and must be submitted by information relied upon. Following the grieving party meeting the Company will have fifteen (15) days to the non-grieving party respond in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise writing to the grievance. The Union will have fifteen (15) days to respond in writing to the Companies’ answer from the second step meeting. Section 3. Failure by either party to comply with the time limits set forth in this Article shall result in the grievance being advanced to the next step. The time limits set forth in this Article may be extended, in writing, by mutual agreement, on a case-by-case basis. The Company will pay for time spent by Union representatives in grievance meetings that are scheduled during their regular working hours. Section 4. If the answer from the grievance Step 2 meeting is not accepted by the Union, the grievance will automatically be referred to arbitration. The Company and Union will agree on a tentative date for the arbitration, not to exceed 50 days following the Union’s notice to the Company that they do not accept the Company’s Step 2 response. a. The Company and the WGAE shall meet Union mutually agree to select a three (3)-member arbitration panel. The arbitrators will normally reside in the State of Montana and will have direct experience in collective bargaining disputes. The parties will establish a rotation for the arbitration panel. Following the hearing, the arbitrator’s decision will be reduced to writing and submitted to both parties within ten five (105) calendar working days of receipt from the date of the written grievancehearing. 3. If b. Should the grievance is members of the panel be unavailable or in instances where the Company and the Union determine not resolvedto use a member of the Panel, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the procedure will be utilized. The parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit shall refer the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules Federal Mediation and procedures Conciliation Service. The parties shall request the Federal Mediation Service to submit a panel of seven (7) arbitrators. Each party shall have the right to reject one panel of arbitrators. Striking of the American Arbitration Associationfirst name shall be determined by the flip of a coin and then the parties shall alternately strike a name until one arbitrator is left. The arbitrator shall be notified of selection by a letter from the parties requesting that the arbitrator set a time for the hearing, subject to the availability of the Company and the Union representative. Arbitration hearings shall be held in Billings, Montana. Section 5. In rendering a decision, the arbitrator will be governed and limited by this Agreement’s provisions, applicable law, and the expressed intent of the parties as described in this Agreement. The arbitrator will have jurisdiction no power to add to, subtract from, or modify any of the terms and authority solely to interpret, apply, and/or determine the meaning of any provision provisions of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4substitute his judgment for that of the Company. The determination of arbitrator will confine his judgment strictly to the arbitrator shall facts submitted in the hearing, the evidence before him, and this Agreement’s express terms and provisions. The arbitrator’s decision will be final and binding upon the parties. Section 6. The Company and the Union shall bear the costs of their respective expenses, and shall share, equally, the cost of the arbitrator. Section 7. The Union and the employees waive their right to pursue any judicial or administrative remedy against the Company as to any matter subject to the procedures established in this Article until such procedures are exhausted. Any settlement under the procedures established under this Article, short of arbitration, will be binding upon the Company, the WGAEUnion, and/or the represented employee(s); and the costs employees and will preclude any further administrative or judicial relief. Section 8. Any employee has the right to have a ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ present if they are called into a meeting, which may result in disciplinary action. Section 9. If it is necessary for a ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ to take time off during their regularly scheduled shift to investigate or resolve a grievance, they shall request the permission of their immediate supervisor, which permission shall not be unreasonably withheld. When a ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ enters an area other than their normal work area, they shall inform the supervisor of that area of their presence and reason for being there. As well, a ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ shall inform their supervisor when returning to their normal work area or duties. Section 10. Grievances dealing with suspensions and/or discharges will be moved immediately to Step 2 of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationgrievance procedure. 5Section 11. A failure The Union, by not exercising any functions thus reserved to submit it or by exercising any such function in a grievance or demand arbitration in accordance with the requirements particular way, shall not be deemed to have waived its right to exercise such function as set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may bein this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Stillwater Mining Co /De/)

GRIEVANCE AND ARBITRATION. Section 1. Any complaint, controversy, dispute, or claim (herein, collectively, a "grievance" or "grievances") between : Every reasonable effort shall be made by the parties hereto arising during the term of this Agreement with respect to fairly resolve every grievance without resorting to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by formal grievance procedure hereinafter set forth. To that end it is the designated representatives intent of the parties in an effort that throughout the course of this agreement there shall be open and honest communication between them. Further, each full-time employee is encouraged, prior to attain an amicable settlementthe filing of any formal grievance, to discuss any question, issue or dispute concerning the application, meaning or interpretation of this agreement with his or her immediate supervisor as soon as possible after the question, issue, or dispute arises. Section 2. All grievances must : If a grievance has not been informally resolved as above suggested, it may be raised in accordance with submitted to the following grievance procedure: Section 1 above within sixty 2.1: Within thirty (6030) calendar days after the grieving party knew acknowledgment of an occurrence or with due diligence should have known knowledge of such grievance, the circumstances giving rise aggrieved employee and/or the Union shall, on a form provided by the Union, reduce the grievance to writing, setting forth the aggrieved employee’s contention in full, including specific references to all sections of this agreement in dispute, and a proposed resolution, shall date and sign the grievance and must be submitted by the grieving party shall submit it to the non-grieving party in writingFire Chief who shall, no later than ninety upon receipt, issue a dated receipt therefore. Section 2.2: Within thirty (9030) calendar days after receipt of a grievance, the grieving party knew or Fire Chief shall meet with due diligence should have known the aggrieved employee and a representative of the circumstances giving rise Union to discuss the grievance. Section 2.3: Within fourteen (14) days after meeting described in Section 2.2, the Fire chief shall provide the aggrieved employee and the Union with a written response to the grievance. The Company failure of the Fire Chief to provide a written response within the time prescribed shall be deemed a denial of the grievance and the WGAE resolution requested and shall meet entitle the aggrieved employee and the Union to proceed as described in the Section 2.4. Section 2.4: If not satisfied with the Fire Chief’s response to a grievance, the aggrieved employee and/or the Union may, within ten fourteen (1014) calendar days of after receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance)Fire Chief’s response, submit the grievance to arbitration before an impartial arbitrator selected the Town Manager who shall, upon receipt, issue a dated receipt therefore. The failure of the aggrieved employee and/or the Union to appeal the Fire Chief’s response to the Town Manager shall render the grievance resolved in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpretFire Chief’s response, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator which shall be final and binding upon the Companyaggrieved employee and the Union. Section 2.5: Within fourteen (14) days after receipt of a grievance, the WGAETown Manager shall meet with the Fire Chief, and/or the represented employee(s); aggrieved employee and a representative of the Union to discuss the grievance. Section 2.6: Within fourteen (14) days after the meeting described in Section 2.5, the Town Manager shall provide the aggrieved employee and the costs Union with a written response to the grievance. The failure of the arbitration (e.g., arbitrator's fee, filing fees) Town Manager to provide a written response within the time prescribed shall be borne equally deemed a denial of the grievance and the resolution requested and shall entitle the Union to proceed as described in Section 2.7. Section 2.7: Any grievance that has been properly and timely processed through the grievance procedure set forth above and has not been settled at the conclusion thereof, may be appealed to arbitration by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration Union in accordance with the requirements set forth abovefollowing procedure: The Union may, including within fourteen (14) days, serve on the time limits, shall permanently bar Town a written notice of its intention to appeal the grievance and/or to arbitration. The failure of the Union to appeal shall render the grievance resolved in accordance with the Town Manager’s response. Section 2.8: Time spent in grievance meetings with the Fire Chief and Town Manager may occur during an employee’s work time provided such meetings are scheduled to minimize interference with the employee’s regular duties. Section 3: If a grievance is appealed to arbitration, the parties shall attempt, on their own, to agree upon an arbitrator. If they cannot agree within fourteen (14) days, the Union may, within fourteen (14) days submit the matter to the American Arbitration Association for the selection of an arbitrator in accordance with its Rules Section 3.1: Arbitration shall be conducted as soon as mutually convenient for the parties after selection of the arbitrator. The arbitrator shall issue a written decision and award within forty five(45) days after the conclusion of the arbitration hearing. The written decision and award of the arbitrator on the merits of any grievance adjudicated within his or her jurisdiction and authority shall be final and binding upon the aggrieved employee, the Union and the Town Section 3.2: The arbitrator as the case may beauthority to make the grievance whole, butwhole but lacks the authority to award punitive damages to the aggrieved employee and or the Union.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Grievances arising out of matters covered by this Agreement, disputes on conditions of employment, and complaints that disciplinary action has been taken for other than just cause, will be processed in the following manner: Section 1. Any complaintAn employee or the Union having a grievance must take up the grievance with his immediate supervisor orally. The immediate supervisor shall give his answer orally within two (2) days. If the employee is not satisfied, controversythe employee shall write out a grievance. This shall be Step 1 in the grievance procedure. Section 2. If the employee or Union is not satisfied with the decision, disputehe may, or claim within five (herein5) working days, collectively, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect put his grievance in writing and submit it to the provisions Chief or his designee. Section 3. If the employee or the Union is not satisfied with the decision of this Agreement the Chief or its interpretation or any alleged breach thereofthe Finance Director, he may appeal in writing to the Town Manager (Personnel Director) within five (5) working days. The Town Manager shall render his decision in writing within twelve (12) working days. This shall be discussed promptly and Step 3 in good faith by the designated representatives grievance process. Section 4. If the decision of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise Town Manager is not satisfactory to the grievance and must be submitted by the grieving party Union, it may appeal to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known State Board of the circumstances giving rise to the grievance. The Company Mediation and the WGAE shall meet Arbitration within ten (10) calendar days of receipt working days. The decision of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator Board shall be final and binding upon on both parties of this Agreement. Arbitration shall be conducted by the Company, State Board of Mediation and Arbitration in accordance with its rules and procedures. The arbitrators shall be confined in their decision to the WGAE, and/or meaning and interpretation or the represented employee(s); and the costs application of the specific provisions of this Agreement. There shall be no power to add to, subtract from, or modify this Agreement. Section 5. If the grievance does not involve the immediate supervisor, he may be passed by with the grievance first taken up with the Chief in writing. Section 6. Grievance should be initiated by the complainant or the Union within fifteen (15) working days of the original cause or complaint or when the complainant or the Union knew or should have reasonably known of the cause or complaint, or such grievance shall be considered null and void. Section 7. The employee, when discussing his grievance with Management, may be accompanied by an officer of the Union. Section 8. The above times may be mutually extended, in writing, as may be necessary. Section 9. The employee shall be in a pay status if on duty when processing a grievance, arbitration, or acting as a witness. Section 10. The cost of arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company Employer and the Section 11. Upon mutual agreement, the WGAE, parties shall utilize the expedited procedures of the Connecticut State Board of Mediation and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationArbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFull-Time and Part-Time 8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation 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 any alleged breach thereofdischarge, 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 promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his or her immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety and signed by him or her, to the immediate supervisor or designate . The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to him or with due diligence should have known her. 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 immediately preceding step, the grievance shall be submitted in writing to 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 circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. A. The Employer recognizes the right of the Union to designate one (1) Shop ▇▇▇▇▇▇▇ in each market. Such ▇▇▇▇▇▇▇ shall be desig­ nated in writing to the Employer by the Union. B. Should any differences, disputes, or complaints arise over the interpretation or application of the contents of this contract, there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly through the following steps: Step 1. Any complaintBy conference between the aggrieved employee, controversy, disputethe Shop ▇▇▇▇▇▇▇, or claim (hereinBusiness Agent, collectively, and the Manager of the Store. Step 2. By a "grievance" or "grievances") conference between the parties hereto arising during Shop ▇▇▇▇▇▇▇ or the term Business Agent of this Agreement with respect to the provisions Union and the Zone Manager, District Manager or District Supervisor of this Agreement or its interpretation or any alleged breach thereofthe Employer, if such exists, within five (5) working days after the completion of Step 1. Step 3. By a conference between an official of the Union and a desig­ nated official of the Employer, within five (5) working days after the completion of Step 2. Step 4. In the event the grievance is not settled through the above mentioned steps, it shall be discussed promptly referred to arbitration. C. Grievances must be reduced to writing by the aggrieved employee after the completion of Step 2 in order to be considered under Step 3 and in good faith by the designated representatives of the parties in an effort order to attain an amicable settlementbe subject to arbitration. 2. All grievances must be raised in accordance with Section 1 above within sixty D. Grievances presented later than seven (607) calendar days after the grieving party knew or with due diligence should have known occurrence of the circumstances giving rise event complained of will not be considered. E. The parties agree that issues may arise of a general nature affecting or tending to affect more than one (1) employee covered by this Contract and that such issues need not be subjected to the entire grievance and must procedure, but may be submitted initiated at any of the above mentioned Steps deemed appropriate by the grieving party to Union or the non-grieving party in writing, no later than ninety (90) calendar days after Employer bringing the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3F. It is understood that the Union Executive Board shall make the final decision as to arriving at a settlement of any grievance instituted by an employee covered by this Contract. No grievance shall be submitted to arbitration by the Union without the approval of the Union Executive Board. G. It is understood and agreed that all employees covered by this Contract must exercise all their rights, privileges, and necessary procedures under this Contract in the settlement of any complaint or grievance. H. One (1) person shall be appointed by the Employer and one (I) person shall be appointed by the Union. If said two persons are unable to settle the grievance is not resolvedcomplaint, either the grieving party Employer or the Union may within two (2) days from the disagreement request the Director of the Federal Mediation and Conciliation Service to furnish a panel of seven (7) arbitrators from which the Arbitrator shall be binding on all parties. The Union shall strike a name from the panel, then the Employer shall strike a name, in this order, until one person’s name remains who shall be designated as the Arbitrator. The expenses of the Arbitrator shall be paid for equally by the Employer and the Union. I. The Employer may, within sixty (60) calendar days following the grievance meeting (orat any time, discharge any worker for just cause. The Union, if it wishes to contest the parties discharge, may file a written complaint with the Employer within five (5) working days. Such complaint must be taken up promptly, and if the Employer and the Union fail to meet as prescribed aboveagree within forty-eight (48) hours it shall be referred, within sixty twenty-four (6024) calendar days of presenting the written grievance)hours, submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitration. J. No arbitrator shall have jurisdiction and the authority solely to interpretalter, apply, and/or determine the meaning of amend or change any term or provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionContract. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaintA grievance is hereby defined to mean a dispute involving the meaning, controversy, disputeinterpretation, or claim (herein, collectively, a "grievance" or "grievances") between the parties hereto arising during the term application of this Agreement with respect contract. A. An employee and/or the Union may request the settlement of a grievance by observing the following procedure: The grievance shall be presented in written form to the provisions Director of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly Buildings and in good faith by the designated representatives Grounds within five (5) working days of the parties in an effort to attain an amicable settlement. 2occurrence of the event upon which the grievance is based. All grievances must be raised in accordance The latter shall meet with Section 1 above the aggrieved employee and Union representative within sixty five (605) calendar working days after the grieving party knew or with due diligence should have known presentation of the circumstances giving rise to the grievance grievance, and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety shall give their answer within five (905) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar working days of receipt of the written grievance. 3such meeting. If the grievance is not resolvedsatisfactorily settled at Level 1, it shall be submitted within five (5) working days to the Superintendent of Schools or their designee who shall meet with the aggrieved employee and Union representative within ten (10) working days of receipt of such grievance and shall give their answer within five (5) working days of such meeting. A written resolution to the grievance must be provided. 1. In the event that the grievance shall not have been satisfactorily disposed of at Level 2, or in the event that no decision has been rendered within five (5) workdays after the Level 2 meeting, the grieving party may, Union may refer in writing within sixty five (605) calendar days following workdays of the disposition under Level 2 the unsettled grievance meeting (or, if to arbitration. The Arbitrator shall be selected by agreement between the parties. If the parties fail are unable to meet as prescribed aboveagree upon an arbitrator, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of selection shall be made by the American Arbitration Association, in accordance with rules and regulations. 2. The arbitrator shall have jurisdiction and be without power or authority solely to interpret, apply, and/or determine modify or alter the meaning of any provision terms of this Agreement, contract. 3. The decision of the arbitrator shall be in writing and shall have no power to change, add to, or subtract from any provisionbe rendered within thirty (30) days after the hearing is declared closed. The decision shall be final and binding on both parties. 4. The determination costs for the service of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company School Committee and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion. 5. A failure a. Failure to submit file a grievance or demand arbitration in accordance with to process it within stated periods shall be deemed a waiver of the requirements set forth abovegrievance. In the event the Employer does not answer the grievance within the stated time, including it shall be considered denied and the Union may file it at the next level of the procedure. Upon mutual agreement, the time limitslimits may be extended. Requests for extension of time limits shall be initiated before the expiration of time limits and shall be based on valid reasons such as the absence of key personnel and unavailability of pertinent information. Agreement to extend time limits shall be in writing and shall not be unreasonably withheld. b. Except as stated in 4-c below, no matter pertaining to a grievance procedure shall permanently bar be in a unit member's personnel file unless so requested by the unit member. Except as stated in 4-c below, all matters relating to any grievance shall be treated as confidential material and shall not be consulted in decisions regarding reemployment, promotion, assignment, or transfer. c. Any material pertaining to charges brought or disciplinary action taken against a unit member will become part of a unit member's personnel file unless recourse is taken to the grievance and/or procedure in which case such material will not be so placed unless charges are substantiated in the arbitration as process of the case grievance. If a letter of reprimand is placed in a unit member’s file, at the discretion of the Director, it may bebe removed after one (1) year if the member has incurred no further disciplinary action.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. SECTION 1. Any complaint, controversy, dispute, Should any employee have a grievance or claim (herein, collectively, a "grievance" or "grievances") should any dispute arise between the parties hereto arising during Employer and the term of this Agreement with respect Union, as to the provisions of this Agreement meaning, application, performance or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning operation of any provision of this Agreement, such grievance or dispute shall be taken up for settlement as follows: a) The grievance must be submitted by the party or employee aggrieved to the other party in writing and shall have no power must be presented to change, add to, the adverse party within five (5) working days from the date the grievance arose or subtract from any provisionbe barred. 4b) The grievance of an aggrieved employee shall be discussed by the employee, his shop ▇▇▇▇▇▇▇ and the department manager. If such grievance is not satisfactorily adjusted by such discussion, then. c) The said grievance shall be discussed by a representative of the Union and a representative of the Employer. d) If the Employer or Union has a grievance, the same shall be presented to the other party in writing within the time limits aforesaid but shall be immediately discussed by a representative of the Union and a representative of the Employer. e) Where a grievance concerns a matter of contract interpretation and is not satisfactorily settled by the discussions heretofore provided, the matter shall be referred to a Committee of two (2) management and two (2) Union negotiating committee members. The determination decision of the committee on such matters shall be final and binding. f) When any grievance is not satisfactorily settled by the discussions heretofore provided, either the Union or the Employer. may, within ten (10) working days after the answer of the disposition of the grievance, give written notice to the other parties of its desire to arbitrate, and the matter shall then be referred to final and binding arbitration. If timely notice is given, the Employer and the Union shall endeavor to select a party mutually satisfactory to them to act as arbitrator. g) If the Employer and the Union cannot agree upon an arbitrator mutually satisfactory to them, either the Employer or the Union may request the American Arbitration Association to submit a list of arbitrators from which an arbitrator may be selected in accordance with the practice of that Board, and the decision of such arbitrator shall be final and binding upon on both parties. h) The parties agree to expedite the Companygrievance and arbitration steps to the end that the controversy will be settled at as early a date as possible. SECTION 2. The parties hereto specifically agree that the decision of an arbitrator for any matter submitted under the terms of this Agreement shall not in any way alter, modify, substitute, add to, subtract from or change the WGAE, and/or terms of this Agreement. SECTION 3. Only the represented employee(s); Employer and the costs Union shall have the right to request arbitration hereunder. SECTION 4. The fee of the arbitration (e.g., arbitrator's fee, filing fees) impartial arbitrator shall be borne shared equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationparties. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Labor Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively8.01 The purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation 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 any alleged breach thereofdischarge, 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 promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his or her immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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, no later than ninety and signed by him or her, to the immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (905) calendar days after following the grieving party knew 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 immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or with due diligence should have known designate. A meeting will then be held between the Human Resources Department or designate and the Union Representative who may be accompanied by the the Union ▇▇▇▇▇▇▇(s) or Grievance Committee as applicable of the circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively, Should a "grievance" or "grievances") difference arise between the parties hereto arising during Employer and the term Union or employees over the interpretation of this Agreement with respect to or application of the provisions of this Agreement Agreement, or as to the compliance of either party with any of its interpretation or any alleged breach thereofobligations under this Agreement, an ▇▇▇▇▇▇▇ effort shall be discussed promptly made to settle such differences immediately utilizing the following procedure: a. The employee affected and in good faith by his/her supervisor shall attempt to resolve the designated representatives of difference. If the parties in an effort difference is not resolved with the supervisor, the employee may refer it to attain an amicable settlementthe Executive Director. 2b. If the difference is not resolved, a written grievance may be filed. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the The written grievance and must be submitted by the grieving party to the non-grieving party Employer in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet writing within ten (10) calendar days of receipt following the occurrence or the grievance shall otherwise be deemed permanently waived. c. If a grievance is properly submitted, an authorized representative of the written grievance.Union and an authorized representative of the Employer shall attempt to resolve it 3d. Failing resolution, either party may request arbitration. The arbitration request must be submitted in writing within thirty (30) days after the original grievance filing. Otherwise, there shall be no obligation of the other party to proceed to arbitration. If the grievance an arbitration request is not resolvedproperly submitted, the grieving party maymatter may be referred to a Board of Arbitration, within sixty composed of three (603) calendar days following members, one (1) designated by the grievance meeting Employer, one (or1) designated by the Union, if and the parties third to be mutually agreed upon by the representatives of the parties. Should the representatives of the Union and the Employer fail to meet as prescribed aboveagree upon a third party, within sixty either party may request a list of five (605) calendar days arbitrators who are residents of presenting either North Dakota or Minnesota from the written grievance), submit Federal Mediation and Conciliation Service and the grievance to arbitration before an impartial neutral arbitrator shall be selected in accordance by the cross-off method with the Labor Arbitration rules and procedures party requesting the arbitration making the first strike. All expenses of the American Arbitration Associationneutral arbitrator shall be shared equally. The arbitrator entire matter in controversy shall have jurisdiction and authority solely be referred to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4Arbitration Board for disposition. The determination decision of the arbitrator Arbitration Board shall be final and binding upon the CompanyUnion, employee, and Employer. However, the WGAE, and/or Arbitration Board shall not have the represented employee(s); and the costs power to add to or modify any of the arbitration (e.g.terms or conditions of this Agreement. At any step in this grievance procedure, arbitrator's feethe Executive Committee of the Local Union shall have the final authority, filing fees) shall be borne equally in respect to any aggrieved employee covered by this Agreement, to decline to process a grievance, complaint, difficulty or dispute further if in the Company and judgment of the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating Executive Committee such grievance or dispute lacks merit or lacks justification with respect to the arbitration. 5terms of this Agreement or has been adjusted under the terms of this Agreement to the satisfaction of the Union Executive Committee. A failure to submit a grievance or demand arbitration in accordance with the requirements The time limits set forth above, including herein may be extended by mutual written agreement of the time limits, shall permanently bar the grievance and/or the arbitration as the case may beparties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 1. : Any complaintand all disputes, controversycomplaints, disputecontroversies, claims or grievances whatsoever between the Union or any employees and the Employer which arise under, out of, or claim (hereinin connection with, collectivelyor are in any manner related to this Agreement, a "grievance" or "grievances") between the parties hereto arising during the term of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly adjusted as follows: a) The employee involved and in good faith / or the Shop ▇▇▇▇▇▇▇ shall discuss the grievance with his immediate ▇▇▇▇▇▇▇ within forty-eight (48) hours after the grievance arises excluding non­ work days, or forty-eight (48) hours after the grievance became known or should have became known, whichever occurred first. b) If not settled under Step (a) within three (3) working days after it arises, the grievance shall be immediately reduced to writing and taken up between the Business Representative and a Representative of Management within five (5) working days. c) Grievances shall not be processed during working periods, except by the designated representatives mutual consent of the parties in an effort to attain an amicable settlementparties. 2a) The Employer shall not discharge, suspend, or otherwise discipline any employee who has completed his probationary period without just cause. All grievances must In the event a grievance, as defined herein, is lodged which cannot be raised resolved satisfactorily through the grievance procedure set out in Section 1 above, either party shall have the right to request arbitration by notice to the other in writing within thirty (30) days after the grievance arises. b) If the Union and the Employer are unable to agree upon the selection o f an impartial, arbitrator within seven (7) days, either may request in writing the American Arbitration Association to appoint an arbitrator and conduct an arbitration proceeding in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievanceits rules. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination A decision of the arbitrator not inconsistent with the terms of this agreement shall be final and binding upon the CompanyEmployer, the WGAE, and/or Union and the represented employee(s); . Eastern Crown Inc. 11 September 1, 2015 to August 31,2018 c) The arbitrator shall not have the authority to amend, modify or any manner change this agreement or establish any terms or conditions under this agreement. d) The grieving party’s failure to comply with any of the time provisions contained herein shall render a grievance untimely. e) Stewards and alternates shall be permitted to investigate, present and process grievances upon the property of the Employer, without loss of time or pay, so long as such period does not exceed fifteen (15) minutes a day, in any single day, unless extended by mutual -----agreement with the Union and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.Employer.------ ------- ----------------------------------------------

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, grievance or dispute, or claim (herein, collectively, a "grievance" or "grievances") which may arise between the parties hereto arising during concerning the term application, meaning and interpretation of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereofAgreement, shall be discussed promptly and in good faith by settled pursuant to the designated representatives terms of this Article. The purpose of the parties procedure set forth hereinafter is to produce prompt and equitable solutions to those problems, which from time to time may arise and affect the conditions of employment of the employees covered by this Agreement. The Employer and the Union desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved. A custodian with a grievance will first discuss it within seven (7) working days of the receipt date of the grievance, with the Facilities Manager responsible for their supervision. The objective of the meeting will be to resolve the matter informally. Any other employee covered herein will first discuss the grievance with their Supervisor within the seven (7) working days of the receipt date of the grievance. The objective of the meeting will be to resolve the matter informally. In either instance, the Union ▇▇▇▇▇▇▇ may be present. If the grievance is not satisfactorily resolved at Step One, the employee may, with the Union ▇▇▇▇▇▇▇’▇ concurrence, present the matter in writing to the Director of Public Facilities within seven (7) working days following such Step One discussion. The Director of Public Facilities shall, within seven (7) working days of receipt, notify and meet with the aggrieved employee and the Union ▇▇▇▇▇▇▇ in an effort to attain an amicable settlement. 2resolve the matter. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known The Director of the circumstances giving rise Public Facilities shall render a decision to the grievance and must be submitted by in writing within seven (7) working days. If the grieving party grievance is not satisfactorily resolved at Step Two, the Union ▇▇▇▇▇▇▇ may present the grievance in writing to the non-grieving party in writing, no later than ninety Town Administrator within seven (907) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. The Company and the WGAE shall meet within ten (10) calendar working days of receipt of the written grievance. 3response of the Director of Public Facilities. The Town Administrator shall render their decision to the grievance in writing within fourteen (14) working days of receipt. A meeting shall be held at every level of this grievance procedure. If the grievance is has not resolvedbeen satisfactorily resolved at Step Three, the grieving either party may, within sixty thirty (6030) calendar days following days, notify the grievance meeting (or, if other party of its intent to arbitrate. Selection of an arbitrator shall be by mutual consent of the parties. In the event that the parties fail are unable to meet as prescribed aboveagree on an arbitrator, within sixty (60) calendar days a list of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of five qualified arbitrators will be requested from the American Arbitration Association. The From this list, the Union and the Employer will in turn strike the name of an arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4until there is only one remaining name. The determination last remaining arbitrator will be used. The parties to this Agreement will equally share the cost of the arbitration proceedings. The findings of the arbitrator shall will be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationboth parties. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, dispute or claim (herein, collectively, a "grievance" grievance which shall arise out of the application or "grievances") between interpretation of the parties hereto arising during the term terms of this Agreement with respect between the Employer and the Union may be submitted to the provisions grievance procedure by either the Employer or the Union within thirty (30) days of this Agreement the occurrence giving rise to the dispute or its interpretation grievance or any alleged breach thereof, within thirty (30) days of when the Union could reasonably have been aware of the occurrence. Grievances shall be discussed promptly submitted in writing and in good faith by shall identify the designated name of the employee (if any), the nature of the grievance, and the date on which the grievance was submitted. Any dispute or grievance so submitted shall be settled and adjusted between the duly authorized representatives of the parties Union and the Employer within thirty (30) days of the filing party’s submission. Nothing in an effort this Agreement shall be construed to attain an amicable settlementdeny any employee the right to discuss any dispute or grievance they may have directly with representatives of the Employer. 2. All grievances must In the event that such dispute or grievance shall not have been finally adjusted by direct discussions between the Employer and the Union or in the event no meeting is held between the Employer and the Union within thirty (30) days, the dispute or grievance may thereupon be raised submitted in accordance with Section 1 above writing by either the Employer or the Union to the following arbitrators, on a rotating basis, in the following order: ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ Gold. The decision and the award of the arbitrator shall be made within sixty thirty (6030) calendar days after the grieving party knew or with due diligence should have known close of the circumstances giving rise hearing. 3. Any dispute or grievance not submitted to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than arbitration within ninety (90) calendar days after from the grieving party knew or with due diligence should have known of time the circumstances giving rise to the grievancegrievance was filed shall be barred except for good cause. The Company Employer and the WGAE shall meet within ten (10) calendar days of receipt of Union may extend the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected time limits set forth in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provisionArticle by mutual agreement in writing. 4. The determination expense of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company Union and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationEmployer. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 18.01 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. 8.02 Subject to the terms of this agreement, any difference concerning the interpretation, application, administration or alleged violation, may be grieved. Any complaint, controversy, disputeemployee unjustly discharged or disciplined, or claim (hereinwho feels they have been unjustly dealt with, collectivelythe following procedure shall· be followed. The grievance shall be in writing, a "grievance" or "grievances") between the parties hereto arising during the term copy of this Agreement with respect which shall be given to the provisions Location Manager and to the employees’ ▇▇▇▇▇▇▇. The grievance must be presented to· the Location Manager within five (5) working. Days after the occurrence of the matter complained of; and the Location Manager shall answer the grievance in writing, within five (5) working days after he has received it. The grievance must be in a legible form 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 Location Manager, present the grievance in writing to the Area General Manager or his nominee, who shall render his decision in writing within five (5) working days after receiving it. If the matter is not settled the Local Chairperson and/or his representative may, within five (5) working days after receiving a written decision of the Area General Manager or his nominee present the grievance to the. Director of Labour Relations or Nominee. Following the presentation of the grievance at this Agreement or its interpretation or any alleged breach thereof, Step there shall be discussed promptly arranged a meeting between Management and the Grievance Committee consisting of two (2) members only) which meeting will take place in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above within sixty five (605) calendar working days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievancehas been presented. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the National Representative, Local President or their nominee may attend. A written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator response shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration given by Management within five (e.g., arbitrator's fee, filing fees5) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationdays. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1It is mutually desirable and hereby agreed that all grievances shall be handled in accordance with the following steps. Any complaint, controversy, dispute, or claim (herein, collectivelyFor the purpose of this Agreement, a "grievance" grievance is any dispute or "grievances") between difference of opinion raised by an employee or the parties hereto arising during Union against the term Employer involving the meaning, interpretation or application of this Agreement with respect to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall Agreement. Any time period provided for under the steps in the grievance procedure may be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlementmutually extended. 2. All grievances must be raised in accordance Step 1: The employee, with Section 1 above or without a Union representative, may take up the grievance with the employee’s immediate supervisor within sixty fifteen (6015) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievanceits occurrence. The Company supervisor shall then attempt to adjust the matter and the WGAE shall meet respond within ten (10) calendar days of after such discussion. Step 2: If not adjusted in Step 1, the grievance shall be reduced in writing and presented by the Union to the Department Head within fifteen (15) calendar days following supervisor’s answer to Step 1. The Department Head shall attempt to adjust the grievance as soon as possible, but shall give his answer in writing to the Union within fifteen (15) calendar days after receipt of the written grievance. Step 3: If not satisfactorily adjusted in Step 2, the grievance shall be submitted to the City Manager within fifteen (15) calendar days of the answer in Step 2. A meeting shall be held at a mutually agreeable time and place with the City Manager or his representative. If the grievance is not resolvedsettled as a result of such a meeting, the grieving party maysettlement shall be reduced to writing and signed by the parties. If no settlement is reached, the City Manager or his designated representative shall give the Union the Employer’s answer within sixty fifteen (6015) calendar days following their meeting. Step 4: If the grievance meeting is still unsettled, it may be referred for arbitration by written request made within fifteen (or, if the parties fail to meet as prescribed above, within sixty (6015) calendar days of presenting the written grievance)Employer’s answer in Step 3. Arbitration shall proceed in the following manner: 1. The parties shall attempt to select an arbitrator. If the parties are unable to agree upon an arbitrator, submit the grievance to arbitration before an impartial arbitrator selected in accordance with parties shall jointly request a panel from the Labor Arbitration rules Federal Mediation and procedures of Conciliation Service, from which panel the American Arbitration Associationparties shall alternatively strike names until only one name shall remain. 2. The arbitrator shall have jurisdiction hold a hearing where each party may present evidence and authority solely file post-hearing briefs. The hearing shall only be open to interpret, apply, and/or determine all parties in interest. 3. The arbitrator shall issue his decision not later than thirty (30) calendar days from the meaning date of any provision closing of this Agreement, and shall have no power to change, add to, the hearing or subtract from any provisionthe date of filing post-hearing briefs. 4. The determination decision of the arbitrator shall be in writing and shall set forth the findings of fact, reasoning and conclusions on the issues submitted. 5. The decision of the arbitrator shall be final and binding upon on the CompanyCity, the WGAE, and/or the represented employee(s); Union and the costs employee or employees involved. 6. The expenses of the arbitration (e.g.arbitration, including the arbitrator's ’s fee, filing fees) shall be borne shared equally by the Company and the WGAE, and each parties. Each party shall bear its the expense of their own other costs, legal fees, presentation and expenses relating to the arbitrationwitnesses. 57. A failure The arbitrator may interpret the Agreement but shall have no right to submit a grievance ignore, add to, take from, or demand arbitration in accordance with modify any of the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may beprovisions of this Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. Section 4.1 Should any differences, disputes or complaints arise over the interpretation or application of the contents of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort made on the part of both parties to settle same promptly through the following steps: STEP 1. Any By conference between the aggrieved employee, the Union ▇▇▇▇▇▇▇ or Union Representative, or both, and the Store Manager. Store Management shall make its decision known within two (2) working days thereafter. If the matter is not resolved in Step 1, it shall be referred to Step 2 within two (2) working days. STEP 2. By conference between the Union Representative and a supervisor of the Company. The Company shall make its decision known within three (3) working days thereafter. If the matter is not resolved in Step 2, it shall be reduced to writing and referred within three (3) working days to Step 3. STEP 3. By conference between an official or officials of the Union and a designated representative of the Company. STEP 4. In the event the last step fails to settle the complaint, controversyit shall be referred, disputewithin seven (7) working days, or claim (hereinto Arbitration. Section 4.2 In any case in which an employee is aggrieved and the Union promptly notifies the employee that it does not intend to request arbitration after the Step 3 meeting, collectively, a "grievance" or "grievances") between the parties hereto arising during time for requesting arbitration shall be stayed pending the term employee’s exhaustion of this Agreement with respect internal Union appeals to the provisions of this Agreement or its interpretation or any alleged breach thereof, shall be discussed promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlementUnion's Executive Board. 2. All grievances must be raised in accordance with Section 1 above within sixty (60) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party to the non-grieving party in writing, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance. 4.3 The Company and the WGAE Union shall meet mutually agree to an impartial arbitrator to hear said arbitration case; however, if said arbitrator cannot be chosen within three (3) days, then the Federal Mediation and Conciliation Service will be requested to furnish a panel of seven (7) names from which the arbitrator may be chosen. The arbitrator will be selected within seven (7) days after the receipt of the panel by both parties. The arbitrator may be chosen by alternately striking names. The party striking first will be determined by the flip of a coin. The decision of the arbitrator shall be binding on both parties. The expenses of the arbitrator shall be paid for jointly. Should either party postpone a scheduled arbitration date, that party shall be responsible for any cancellation fee. Section 4.4 The Company may, at any time, discharge any employee for proper cause. The Union or the employee may file a written complaint with the Company within ten (10) calendar days after the date of receipt of discharge, asserting that the written grievance. 3discharge was improper. Such complaint must be taken up promptly. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAEUnion fail to agree, and each party it shall bear its own other costs, legal fees, and expenses relating be referred to the arbitration. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectively8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation at any stage of the grievance procedure, an employee shall have the right to the presence of his ▇▇▇▇▇▇▇. In the case of suspension or any alleged breach thereofdischarge, 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. Early Resolution‌ Such complaint shall be discussed promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his or her immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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 his immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision, in writing, no later than ninety within five (905) calendar days after following the grieving party knew 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; Step 2‌ Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or with due diligence should have known 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 circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFull-Time and Part-Time 8.01 For the purpose of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or its interpretation at any stage of the grievance procedure, an employee shall have the right to the presence of their ▇▇▇▇▇▇▇. In the case of suspension or any alleged breach thereofdischarge, the Hospital shall notify the employee of their 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 they have first given their immediate supervisor the opportunity of adjusting their complaint. The grievor may have the assistance of a Union ▇▇▇▇▇▇▇ if they so desire. Such complaint shall be discussed promptly between the employee and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above their immediate supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party 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 their immediate supervisor’s decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, no later than ninety and signed by them, to the immediate supervisor or designate. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver their decision in writing within five (905) calendar days after following the grieving party knew day on which the written grievance was presented to them. 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 immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or with due diligence should have known 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 circumstances giving rise to Union, within five (5) days of the grievancesubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Company and decision of the WGAE Hospital shall meet be delivered in writing within ten (10) calendar days of receipt of the written grievance. 3. If the grievance is not resolved, the grieving party may, within sixty (60) calendar days following the grievance date of such meeting (or, if the parties fail to meet as prescribed above, within sixty (60) calendar days of presenting the written grievance), submit the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures of the American Arbitration Association. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination of the arbitrator shall be final and binding upon the Company, the WGAE, and/or the represented employee(s); and the costs of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationUnion Representative. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 1. Any complaint, controversy, dispute, or claim (herein, collectivelyFor the purposes of this Agreement, a "grievance" grievance or "grievances") complaint is defined as a difference arising either between a member of the Bargaining Unit and the Hospital or between the parties hereto arising during relating to the term interpretation, application, administration or alleged violation of this Agreement with respect to the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of this the Agreement which are alleged to have been violated. At the time formal discipline is imposed or its interpretation at any stage of the grievance procedure, an employee shall have the right, to the presence of his ▇▇▇▇▇▇▇. In the case of suspension or any alleged breach thereofdischarge, the Hospital shall notify the employee of his right in advance. Where the Hospitaldeems 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 promptly and in good faith by the designated representatives of the parties in an effort to attain an amicable settlement. 2. All grievances must be raised in accordance with Section 1 above his immediate Supervisor within sixty five (605) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise to the grievance and must be submitted by the grieving party it have occurred or ought reasonably to have come to the non-grieving party attention of the employee. Failing settlement within 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, no later than ninety (90) calendar days after the grieving party knew or with due diligence should have known of the circumstances giving rise and signed by him, to the grievancehis immediate Supervisor. The Company and the WGAE shall meet within ten (10) calendar days of receipt of the written grievance. 3employee may be accompanied by a Union ▇▇▇▇▇▇▇. If the grievance is not resolvedThe immediate Supervisor will deliver his decision, the grieving party mayin writing, within sixty five (605) calendar 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 immediately step, grievance shall be submitted in writing to the Chief Executive Officer. A meeting (or, if will then be held between the parties fail to meet as prescribed aboveChief Executive Officer and the designated union representatives who may be accompanied by the general representativeof the Union, within sixty five (605) calendar days of presenting the written grievance), submit submission of the grievance to arbitration before an impartial arbitrator selected in accordance with the Labor Arbitration rules and procedures at Step unless extended by mutual agreement of the American Arbitration Associationparties. The arbitrator shall have jurisdiction and authority solely to interpret, apply, and/or determine the meaning of any provision of this Agreement, and shall have no power to change, add to, or subtract from any provision. 4. The determination decision of the arbitrator Hospital shall be final and binding upon delivered in writing within ten days following the Company, the WGAE, and/or the represented employee(s); and the costs date of the arbitration (e.g., arbitrator's fee, filing fees) shall be borne equally by the Company and the WGAE, and each party shall bear its own other costs, legal fees, and expenses relating to the arbitrationsuch meeting. 5. A failure to submit a grievance or demand arbitration in accordance with the requirements set forth above, including the time limits, shall permanently bar the grievance and/or the arbitration as the case may be.

Appears in 1 contract

Sources: Collective Agreement