Common use of GRIEVANCE AND ARBITRATION Clause in Contracts

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 6 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 8.1 The Parties to this Agreement agree that all steps shall be taken to assure that complaints relating to the meaningadministration or interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that 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 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, interpretation application, administration or alleged violation of the terms provisions of this agreementAgreement, or when an employee claims that s/who feels he has had been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationwith, after having discussed the issue with the appropriate supervisor, may be dealt with in the following mannerprocedure shall be followed: Step 1 1: The aggrieved grievance shall be in writing, copy of which shall be given to the Branch Supervisor and to the employee’s representative. The grievance must be presented to the Branch Supervisor within fifteen (15) calendar days after the occurrence of the 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 or involved may, within five (5) working days after receiving the Local Chairperson shall written answer from the Branch Supervisor, present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will Location Manager or his nominee, who shall render a his decision in writing within 28 calendar five (5) working days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceafter receiving it. Step 2 3: If the grievance matter is not settled at Step 1settled, the President Chairperson and/or his representative may appeal present the decision in writing, giving the reasons for the appeal, grievance to the highest officer designated by the Company to handle grievances, Area General Manager or his nominee within 42 calendar ten (10) working days following receipt after receiving a written decision of the decision rendered in Step 1Location Manager or his nominee. Such officer will render a decision in writing, giving reasons for Following the decision, within 42 calendar days following receipt presentation of the appealgrievance 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 the meeting. Step 3 4: If the grievance matter is not settled settled, the Chairperson and/or his representative may present the grievance to the Director of Labour Relations or his nominee within ten (10) working days after receiving a written decision of the Area 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 Director of Labour Relations shall give a written response to the grievance within five (5) working days of the meeting. 8.3 a) Failing a satisfactory settlement at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt 4 of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsprocedure, it shall be considered as dropped. When the appropriate officer responsibility of the Company fails party desiring arbitration to render a decision within so inform the prescribed time limitsother party, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing, within ten (10) working days after the Director of Labour Relations’ response. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 4 contracts

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

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A grievance is defined as any dispute arising between the employer and a Residential Counselor involving the interpretation or application of this Agreement. Either party has access to the meaninggrievance and arbitration procedure. Should any matter be presented in the grievance procedure that could be combined into a multi-person and/or class action, interpretation or alleged violation the matter may be heard as a multi-person and/or class action if both parties mutually agree to same in writing. Both parties will have an opportunity to combine matters arising out of the terms same and/or similar incident(s) to be heard at the same time thereby resolving grievances in a more timely and efficient manner. Step 1: A Residential Counselor’s grievance will first be presented by the Residential Counselor involved and a Union Representative to the Residential Counselor’s Program Manager in writing within twenty (20) calendar days of this agreement, or when an employee claims that s/he has been unjustly dealt with the aggrieved action. All grievances shall be submitted in respect thereof writing on a completed form and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in must contain the following mannerinformation: Step 1 The aggrieved employee or a) name of the Local Chairperson shall present Residential Counselor involved, b) contract articles violated, c) description of the circumstances leading to the violation, d) the date(s) the violation took place, e) site/individuals involved, f) a docket number, g) remedy requested and, h) the date the grievance in writing to the appropriate Head was filed. Upon receipt of the Department within 28 calendar grievance, the parties will schedule a meeting at the main office when the Residential Counselor is not scheduled to be on line, but no later than seven (7) days following the cause receipt of the grievance. Such Head of Department A written response will render a decision in writing be provided to the grievant and the Union within 28 calendar five (5) business days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancemeeting. Step 2 2: If the grievance is not settled at Step 11 to the satisfaction of the Residential Counselor, the President may appeal the decision in writing, giving the reasons for the appeal, grievance will be submitted to the highest officer designated by Director of Residential Services or their designee in writing within five (5) business days of the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 11 response. Such officer The Director of Residential Services or their designee will render schedule a decision in writing, giving reasons for meeting (with the decision, Residential Counselor and a Union Representative) at the main office within 42 7 calendar days following of receipt of the appealstep 1 appeal during a time when the Residential Counselor is not scheduled to be on line. The Director of Residential Services or their designee will answer the grievance in writing within five (5) business days after the meeting. A written response will be provided to the grievant and the Union within five (5) business days of the meeting. Step 3 3: If the grievance is not settled at Step 2, it may then be referred by either party 2 to the Canadian Railway Office satisfaction of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify Residential Counselor, the other party grievance will be submitted to the Executive Director or their designee in writing within 42 calendar five (5) business days following of the receipt of the decision in Step 22 response. The Executive Director or their designee will schedule a meeting (with the Residential Counselor and a Union Representative present) at the main office during a time when the Residential Counselor is not scheduled to be on line, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction but no later than seven (7) days of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer receipt of the Company fails to render a decision within the prescribed time limits, Step 2 response. The Executive Director or their designee will answer the grievance may be progressed to the next step in writing within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.five

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Union Contract, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 30.01 Should differences arise as to the meaning, interpretation or alleged violation application of the terms provisions of this agreementAgreement or should grievance occur within a department covered by this Agreement, this to include discharge or termination without cause, there shall be no strike, stoppage of work or suspension of work by the Union or employees or lockout by the Company on account of such differences or grievance until the 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 employee's discharge or termination, in which case the grievance must be submitted within sixty (60) days of occurrence. Time runs from the date that the grieving party knew, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head should have reasonably known of the Department within 28 calendar days following the cause of incident giving rise to the grievance. Such Head The employee or employees, or the employer shall report the grievance to the shop ▇▇▇▇▇▇▇ or shop ▇▇▇▇▇▇▇, the latter shall take the matter up with a representative of Department will render a decision 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 within 28 calendar days following receipt by registered mail of the written grievancequestion or questions to be arbitrated and the name and address of its choice of an arbitrator. During that period of time, After receiving such notice and a meeting may take place between the grievorstatement, the local representative and other party shall, within five (5) days agree to the Department Head proposed single arbitrator or suggest alternate arbitrator(s). If the two parties fail to agree on a single arbitrator within three (or representative3) days, they shall forthwith request the Labour Relations Board to discuss the grievanceappoint an arbitrator. Step 2 If (c) The arbitrator shall have the power in allowing a grievance is not settled at Step 1to rectify the matter complained of, including the President may appeal the awarding of lost pay, if any, and reinstatement in employment. The decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then arbitrator shall be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage 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 work in accordance with the rules and procedures of that OfficeSection 96. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt Sub-section 1 of the decision in Step 2, or the due date "Labour Code of such decision if not receivedB.C. Act" from this Agreement. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 3 contracts

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

GRIEVANCE AND ARBITRATION. 28.1 20.1 Disputes in respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 20.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 20.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.420.4. 28.4 20.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 20.5 The time limits specified herein may be extended by mutual agreement. 28.6 20.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 20.7 Grievances not docketed for arbitration within two years from the date of filing of the Step 1 grievance will be considered as dropped. 20.8 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms and conditions of this Agreement. Grievances shall be reduced to writing and submitted on the AFSCME Grievance Form and Fact Sheet. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, the employee may avail themselves of the following procedure. A grievance shall not be expanded upon after Step 3 of the grievance procedure. Section 2. Disputes in respect arising from dismissal are subject to the meaninggrievance and arbitration procedure pursuant to the expedited procedures described in Article 45, interpretation Discipline and Discharge. All other disciplinary actions and refusal/withholding of merit step increases shall follow the steps outlined in this article. • Step 1. Employee, with or without Union representation will file a written grievance within thirty (30) calendar days from the date of the alleged violation of the terms agreement with their Functional Unit Manager (Local State Director). The Functional Unit Manager shall respond in writing within thirty (30) calendar days from the date of this agreementthe grievance being received. • Step 2. If the grievance is not resolved at Step 1, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson Union shall present appeal the grievance in writing to the appropriate Head designated appointing authority or designee within fifteen (15) calendar days from the date of receipt of the Department Step 1 response. The appointing authority or designee shall respond in writing within 28 thirty (30) calendar days following from the cause date of receipt of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance• Step 3. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled resolved at Step 12, the President may Union shall appeal the decision grievance in writing, giving the reasons for the appeal, writing to the highest officer designated by the Company to handle grievances, Agency’s Labor Relations Administrator or designee within 42 fifteen (15) calendar days following of receipt of the decision rendered appointing authority’s response that such response is not acceptable. The Labor Relations Administrator or designee shall respond in Step 1. Such officer will render a decision in writing, giving reasons for the decision, writing within 42 twenty-one (21) calendar days following of receipt of the appeal. . • Step 3 4. If the grievance is not settled resolved at Step 23, it may then be referred by either party the Union shall appeal the grievance in writing to the Canadian Railway Office Department of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Administrative Services Labor Relations Unit within 42 fifteen (15) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing receipt of the step one Step 3 response. The Labor Relations Unit shall respond in writing within thirty (30) calendar days from the date of receipt of the appeal. • Step 5. a) If the grievance will be considered is not resolved at Step 4, the Union will, within fifteen (15) calendar days from receipt of the Step 4 response, request from the Employment Relations Board the names of five (5) qualified arbitrators. Such notice to the Board shall identify the specific grievance by employee name(s), work location, bargaining unit and date the grievance was filed, and a statement that, “This shall serve as dropped.official notice of the Union’s intent to arbitrate this

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to Section 4.1 A grievance is a claim or dispute based upon the meaning, interpretation or alleged violation application of the terms any provision of this agreement, agreement or when an employee claims that s/he has been unjustly dealt with amendments hereto executed in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue accordance with the appropriate supervisorprovisions of Article 30, may (Stability of Agreement) Section 4.2 A grievance shall be dealt with processed in the following manner: Step 1 1. The Union Stewards and/or representatives, not to exceed two, with or without the aggrieved employee member, or the Local Chairperson member themselves, shall present take up the grievance orally with the member’s immediate supervisor, (the Shift Commanders, or in the case of Deputy Chiefs, Step 1 will be with the Chief). Both parties agree that every possible effort will be made to settle grievances at this step. Step 2. If the grievance is not resolved at Step 1., it shall be reduced to writing and presented to the Fire Chief or Acting Chief of the Fire Department within fourteen (14) calendar days after the occurrence of the incident on which the grievance is based or when the member first knew or should have known of the incident upon which the grievance is based. The Chief or Acting Chief may hold any hearings he feels are necessary and shall respond to the Union Stewards and/or representatives and aggrieved party in writing within seven (7) calendar days after presentation. Step 3. If the grievance still remains unresolved, the member or their designated representative may appeal the grievance in writing to the appropriate Head Town Manager or his designee within seven (7) calendar days after the response of the Department within 28 calendar days following the cause Chief or Acting Chief of the grievancedepartment is due setting forth in detail the specific reasons for the appeal and the specific section of the contract which remained unresolved or in violation. Such Head of Department will render a decision The Town Manager or his designee shall respond in writing within 28 seven (7) calendar days. If the Town Manager or his designee is absent for any reason within the said seven (7) calendar days, or any part thereof, then the time for response shall be extended for a period of seven (7) calendar days following receipt of beyond the written grievance. During that period of timeabsence. If no response is forthcoming within the period of time specified, a meeting then the Union may take place between the grievor, the local representative and the Department Head (or representative) proceed forthwith to discuss the grievanceStep 4. Step 2 4. If the grievance is not settled at Step 1remains unresolved, the President may appeal Union, and only the decision in writingUnion, giving shall, within fifteen (15) calendar days, after the reasons for Step 3 answer or date on which said answer is due, have the appealright to submit the matter to arbitration. Submission to arbitration shall be accomplished by mailing the grievance, postage prepaid, to the highest officer designated Town Manager demanding arbitration. Section 4.3 Notwithstanding any contrary provision of this Agreement, the following matters shall not be subject to the arbitration provisions of this Agreement: a. Any matter of policy or management rights reserved to the Town by this Agreement. b. Any matter that is outside the express terms of this Agreement. Any member or group of members may process disputes other than grievances as defined herein up to and including Step 3 of this grievance procedure. c. Any matter involving the discipline or discharge of a probationary member. The probationary period for members hired after the execution of this Agreement shall commence on date of initial employment. Midway through the probationary period, the Chief, after consulting with an member’s superior officers, will inform a probationary member as to the likelihood of successful completion of the probationary period and point out any areas of needed improvement. This conference procedure and substantive judgments expressed therein shall not be subject to the grievance and arbitration provisions of this agreement. Said mid- probation evaluation shall not preclude more frequent evaluations of members during the probationary period. d. Failure of the employer to request a renewal or extension of a provisional appointment. e. Appointment by the Company to handle grievances, within 42 calendar days following receipt employer of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work permanent employee in accordance with the Civil Service laws, rules and procedures of that Office. The party requesting arbitration must notify regulations shall not be deemed discipline or discharge hereunder. f. Any matter involving the other party in writing within 42 calendar days following receipt of the decision in Step 2suspension, dismissal, removal, or termination of any member who has completed his probationary period unless the due date of such decision if not receivedmember and the Union elect arbitration as the exclusive remedy pursuant to General Laws, Chapter 150E, Section 8. 28.2 Disputes arising out g. Where an election is made in favor of proposed changes in rates of payarbitration, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitrationa just cause standard will apply. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes 3.1 The following procedure will apply in respect the event that there is a complaint or a difference relating to the meaninginterpretation, interpretation application, administration or an alleged violation of the terms Agreement. Any complaint or difference should be discussed, and settled if possible, at the time of this agreementits occurrence by the CFM or its Local’s authorized representative and the authorized representative of the CBC. Step 1 – Any complaint or difference which cannot be settled as provided above must be put down in writing and filed through the CFM, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationits Local of jurisdiction, after having discussed the issue with the appropriate supervisor, may be dealt with in CBC within thirty (30) business days after the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head knowledge of the Department within 28 calendar days following the cause of occurrence giving rise to the grievance. Such Head of Department will render To be considered a decision in writing within 28 calendar days following receipt grievance, the complaint or difference must indicate the Article(s) of the written grievance. During that period of timeAgreement allegedly violated, a meeting may take place between the grievor, the local representative misapplied or misinterpreted and the Department Head relief or remedy sought. The CBC will provide a written reply to the grievance within fifteen (or representative15) business days of its receipt. The CBC has the right to discuss file a written grievance with the grievance. CFM within thirty (30) business days at Step 2 of the grievance procedure. Step 2 – If the grievance is not considered settled at by both parties following the Step 11 reply, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievancesgrievance shall, within 42 calendar fifteen (15) business days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt date of the appeal. reply, be referred to a grievance meeting with a representative of the CBC and the CFM. Step 3 If - In the event that a grievance is not settled at Step 2to the satisfaction of both parties as a result of the grievance meeting or by immediate subsequent correspondence delivered not later than fourteen (14) calendar days after the meeting, it the matter may then be referred to arbitration by either party party. Notice of referral to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing shall be given within 42 forty-five (45) calendar days following receipt the grievance meeting. Such notice to be provided in writing to the CBC and to the Office of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions AFM VPC and copied to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of ArbitrationLocal. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 2 contracts

Sources: General Production Agreement, General Production Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. All grievances relating to the meaning, interpretation application of or alleged violation of adherence to the terms and provisions of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may Agreement shall be dealt with in the following mannerhandled as follows: Step 1 1. The grievance shall be presented verbally by the aggrieved employee or to the Local Chairperson grievant’s supervisor no later than seven (7) work days from the date of the alleged contract breach. The employee’s Union ▇▇▇▇▇▇▇ shall be present if requested by the employee. The supervisor will respond to the verbal complaint within five (5) workdays. Step 2. If the grieved employee fails to be satisfied with the answer received, the grievance in shall be reduced to writing by the employee and/or the Union ▇▇▇▇▇▇▇ and shall be forwarded by the Union ▇▇▇▇▇▇▇ to the appropriate Head grievant’s supervisor no later than five (5) work days from the date of the Department supervisor’s answer. The Company shall make a written reply to the Union within 28 calendar ten (10) working days following from the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt date of the written grievance. During that period Discharge grievances, however, shall be reduced to writing by the employee and/or the Union ▇▇▇▇▇▇▇ and forwarded by the Union ▇▇▇▇▇▇▇ to the appropriate supervisor no later than five (5) work days from the date of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancedischarge. Step 2 3. If the grievance is not settled at resolved in Step 12 as set out above, and discharge grievances shall be scheduled for a Step 3 grievance meeting if requested by the Union. Step 3 meetings shall be attended by the Employer’s Representative(s), the President may appeal grievant, the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇ and an authorized Union Representative. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is Union does not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When advance a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed specified time limits based limits, the grievance shall be considered settled on the basis of the Employer’s last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When answer. If the Employer does not provide a grievance based on a claim for unpaid wages is not progressed by response to the Union within the prescribed specified time limitslimits outlined in this Section, it the grievance shall be considered as dropped. When settled in accordance with the appropriate officer of request in the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paidgrievance. The application of this rule Union and the Employer shall not constitute an interpretation of observe the collective agreement. 28.5 The specified time limits specified herein in advancing or responding to a grievance. Time limits in each step may be extended by mutual agreementagreement in writing. 28.6 Settlement Section 2. If any grievances or differences of opinion between the Employer and the Union as to the performance of an obligation imposed on either party by the terms or provisions of this Agreement cannot be satisfactorily adjusted by negotiations or direct mediation between the parties or their representatives, it is agreed that either party may institute arbitration proceedings according to the following: A. The party requesting arbitration must present a written request for arbitration within thirty (30) calendar days from the date of the Company’s Step 3 answer unless an extension has been requested in writing and agreed to by both Union and Management. Failure to submit a timely request for arbitration shall be deemed by all parties, a settlement of the grievance and it shall not involve retroactive pay beyond 60 be considered further in the grievance or arbitration procedure. B. The Federal Mediation and Conciliation Service may be requested by either party to submit a list of seven (7) persons from which the arbitrator shall be selected by mutual agreement of the Employer and Union Representative. C. In the event of failure to agree on an arbitrator from any of the names submitted, within fourteen (14) calendar days, the Union and the Employer representatives shall each strike off the names of three of the seven names as being unacceptable. The remaining person on the list shall be the arbitrator, unless either party requests a second panel of arbitrators. D. In the case of grievance involving loss of time or wage the parties may agree, or the Arbitrator may order reinstatement and/or back wages in an amount not to exceed the amount actually lost by the aggrieved employee, beginning no more than five (5) work days prior to the date that such of submission of a written grievance was first submitted to the Employer in writingaccordance with Step 2 of this Article. No back pay shall be paid to an employee for any time after notice of return to work. 28.7 Prior to adjudication or final disposition E. All fees and expenses of the Arbitrator shall be shared equally by the Union and the Employer. The Company and the Union shall share the cost of a grievance there transcript. All other costs will be paid by the party incurring the expense. F. All decisions of the Arbitrator made within the scope of the submission and within the authority of the Arbitrator as defined herein shall be neither a shut-down by the Company nor a work stoppage by the employeesfinal and binding. 28.8 Grievances G. The Arbitrator shall have jurisdiction and authority only to apply or determine compliance with the provisions of this Agreement and such working conditions as may hereinafter be in effect, insofar as shall be necessary to the determination of grievances appealed to the arbitrator. The Arbitrator shall not docketed for arbitration by either party within two years have jurisdiction or authority to add to, detract from or alter in any way the provisions of the Agreement or to establish new conditions of employment. Section 3. The Company agrees once a grievance is resolved that requires back pay, such back pay will be paid during the first full pay period following the date of filing of the step one grievance will be considered as droppedresolution.

Appears in 1 contract

Sources: Collective Bargaining Agreement (Bluestem Brands, Inc.)

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the meaninginterpretation, interpretation application, administration or alleged violation of the terms 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 violated. . At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this agreementright in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or when discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee claims that s/has no grievance until he has been unjustly dealt first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with in respect thereof and s/he is unable his immediate super- visor within five days after the circumstances giving rise to obtain satisfactory explanationit have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, after having discussed the issue with the appropriate it shall then be taken up as a grievance within five days following his immediate supervisor, may be dealt with 's decision in the following manner: manner and sequence. The employee shall submit the grievance, in writing, 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 1 The aggrieved employee the employee, accompanied by a union ▇▇▇▇▇▇▇, or the Local Chairperson union ▇▇▇▇▇▇▇ shall present submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: ‘ten 3 Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the appropriate Head Chief Executive Officer of the Department 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 28 calendar 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 cause date of such meeting. It is expressly understood, however, that the grievance. Such Head provisions of Department will render this Article may not be used with respect to a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative grievance directly affecting an employee which he could have instituted himself and the Department Head (or representative) to discuss the grievance. Step 2 If regular grievance procedure shall not be thereby by-passed. Where the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the Hospital grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When filed with the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4Grievance Committee. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to A. For the purpose of this Agreement, a grievance is defined as a dispute between the parties concerning the meaning, interpretation interpretation, application or alleged violation by the Company of the express terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed Agreement. B. Grievances meeting the issue with the appropriate supervisor, may above definition shall be dealt with processed in the following manner: Step 1 The aggrieved employee : STEP ONE - Grievances must be submitted in writing or the Local Chairperson document scanned and sent by email to the Assistant General Manager or designee, no later than ten (10) calendar days after the employee knew or should have known of the event, occurrence or nonoccurrence giving rise to the grievance. The grievance shall present be submitted on a fully completed form and in such detail as to identify the nature of the grievance, the date of the alleged grievance, and the provision or provisions of the Agreement violated by the Company. Incomplete forms shall not be accept. The Assistant General Manager or designee, shall schedule a meeting, if requested by the Union, within ten (10) calendar days after receipt of the written or the document scanned and sent by email grievance with the employee and the appropriate Union representative designated by the Union to handle the grievance. The Assistant General Manager or designee shall respond to the Union representative in writing or the document scanned and sent by email as to his or her decision regarding the Grievance within ten (10) calendar days after receipt of the grievance by the Assistant General Manager or designee, or in writing to the appropriate Head case of the Department a meeting, within 28 ten (10) calendar days following the cause date of the meeting. STEP TWO - In the event the grievance is not resolved to the satisfaction of the employee in STEP ONE, above, the Union may submit the grievance to the General Manager, or designee, in writing o or the document scanned and sent by email within ten (10) calendar days following the date of the Company’s answer in STEP ONE. The General Manager, or designee, and the Union representative shall hold a meeting, if requested by the Union, within ten (10) calendar days of the date the Grievance is appealed to STEP TWO, to discuss the grievance. Such Head of Department will render a decision The General Manager, or designee, shall respond to the Union in writing or the document scanned and sent by email as to his or her decision regarding the Grievance within 28 ten (10) calendar days after receipt of the grievance by the General Manager, or designee, or in the case of a meeting, within ten (10) calendar days following the date of the meeting. STEP THREE - In the event the grievance is not resolved in STEP TWO, the Union may refer the Grievance to arbitration by written or or the document scanned and sent by email notice to the General Manager within 30 calendar days following the date of the General Manager’s response in STEP TWO. C. After a demand for arbitration has been made, within ten (10) calendar days the Union shall submit a request to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) names of impartial Arbitrators in the region nearest to the Company’s premises. The Company and the Union shall, within ten (10) calendar days following receipt of the written grievancelist of Arbitrators from FMCS, alternately strike names from the list until only one (1) name remains, with the order of striking to be determined by coin toss. During that period The remaining Arbitrator shall act as the Impartial Arbitrator who shall hear and decide the issue. Either party may request one time a new list of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancearbitrators at their cost. Step 2 If D. It is understood that the grievance is not settled at Step 1Arbitrator shall be without authority or jurisdiction to add to, remove from, alter, or otherwise amend in any way any provision of this Agreement. The jurisdiction and authority of the President may appeal the decision in writing, giving the reasons Arbitrator shall be for the appealdetermination of such grievance, expressly limited to the highest officer designated by interpretation, application and compliance with the Company to handle grievancesprovisions of this Agreement and supplements or appendices hereto, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party relating to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules hours or working conditionsother conditions of work, modifications as set forth in or additions the Agreement. E. The salary and all expenses of the Arbitrator, the cost of FMCS panel and any related expenses shall be shared equally between the Company and Union. Unless otherwise specifically agreed in advance, each party shall be responsible for costs it incurs and for the expenses of presenting its case. F. The Arbitrator’s decision shall be in writing and served on the Company and Union. The decision of the Arbitrator shall be final and binding upon the Company and the Union. G. It is the intent of the parties that the time limits provided for shall be strictly adhered to. Exceptions to the terms foregoing time limits shall be made only upon mutual written agreement of the parties. Failure to comply with the time limits herein or to submit an incomplete grievance form shall result in forfeiture of the failing party’s position without setting precedent. For purposes of this agreementArticle, are specifically excluded from the jurisdiction start of the Canadian Railway Office of Arbitration. 28.3 When a time limits described above shall be the calendar day the grievance is not progressed by filed or received. If a time limit expires on a Saturday, Sunday, or holiday, the Union within the prescribed time limits, it final day shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4weekday. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Labor Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to The following has been agreed between the meaning, interpretation or alleged violation of the terms of this agreement, or when parties: A. A grievance is a claim by an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head group of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2employees, or the due date SCBTA that there has been or is a violation or deprivation of such decision if not receiveda term and/or condition of employment covered by this Agreement. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When B. If a grievance is not progressed by the Union within the prescribed time limitsteacher has a grievance, it shall be considered as dropped. When put in writing on a form to be submitted to the appropriate officer teacher’s immediate supervisor, within thirty (30) calendar days (excluding July and August) after the first occurrence of the Company fails facts that led to render a decision the grievance or within thirty (30) calendar days (excluding July and August) after the prescribed time limitsteacher should have reasonably known of the grievance; otherwise, the right to grieve is waived. The teacher’s immediate supervisor shall meet and discuss the grievance promptly in an effort to settle it, and the supervisor shall give his/her answer in writing within fourteen (14) calendar days after the meeting. The teacher may be progressed have a representative of the Association present at this meeting. C. If the matter is not satisfactorily settled and/or the immediate supervisor does not give an answer within fourteen (14) calendar days after the meeting, then the teacher may process the grievance to the next step District Superintendent by delivering the form to the District Superintendent within fourteen (14) calendar days after the prescribed time limits based on immediate supervisor gave, or should have given, his/her answer; otherwise, the last date such decision was due, except as otherwise provided in Article 28.4right to continue with the grievance is waived. 28.4 When D. The District Superintendent or his designee will meet with the teacher within fourteen (14) calendar days after receipt of the grievance in an effort to settle the matter. The teacher may have a grievance based representative of the Association present at the meeting. The District Superintendent or his designee will give an answer in writing within fourteen (14) calendar days after the meeting. E. If the matter is not satisfactorily settled, or if the District Superintendent or his designee does not give his answer within fourteen (14) calendar days from the date of the meeting, then the Association may submit the matter to arbitration, provided a letter is sent to a member of the following panel of arbitrators who shall be assigned cases on a claim for unpaid wages rotating basis, unless the parties mutually agree otherwise, with a copy to the District Superintendent within twenty (20) calendar days after the District Superintendent or his designee gave or should have given his answer; otherwise, the right to proceed to arbitration is not progressed waived: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇. F. One arbitrator will be selected from the above list of arbitrators, who shall hear and decide the grievance. The decision of the arbitrator shall be final and binding upon the parties. G. The jurisdiction of the arbitrator shall be to decide the grievance. S/he shall have no jurisdiction to alter, change, modify, add to, or subtract from this Contract. H. The fees and expenses of the arbitrator shall be shared equally by the Union within parties. I. The election to submit this grievance to the prescribed time limits, it grievance and arbitration procedure shall automatically be considered as dropped. When the appropriate officer a waiver of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will other remedies or forums which otherwise could be paidavailable. ▇. The application of time elements set forth in this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may Article can only be extended by mutual agreementagreement in writing signed by the District Superintendent and the President of the Association. 28.6 Settlement of K. If the District Superintendent has a grievance shall not involve retroactive pay beyond 60 calendar days prior to he can begin the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of procedure by filing a grievance there shall be neither a shut-down by letter with the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing President of the step one grievance will be considered as droppedAssociation and then proceed to arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect PROCEDURE SECTION 1 - The purpose of this Article is to provide an orderly method for the settlement of any dispute between the parties over the interpretation, application or claimed violation of any specific provision of the Agreement. Such a dispute shall be defined as a Grievance, which gave rise to the meaningfollowing steps, interpretation or time limits and conditions herein set forth. All time limits start from the date of the occurrence. (occurrence is defined as the time when the alleged violation first became known to the employee) In the event the Employer fails to give a written response to the grievance within the time limits specified, the grievance may be automatically processed to the next step up to and including arbitration. In the event the Union or employee fails to process a grievance in a timely manner or fails to observe the time limits or procedural requirements specified herein, the grievance shall be deemed to have been dropped by the Union or employee and may not be resubmitted. SECTION 2 - The settlement of a grievance in any case shall not be made retroactive for a period exceeding sixteen (16) working days prior to the terms date the grievance was first presented in writing. SECTION 3 - First step grievances will be processed during working time. Employee Union representatives who may process first step grievances, or be involved in the resolution of first step grievances, in accordance with this Article will be paid for their involvement. For the purposes of this agreementsection, or when an employee claims that s/he has been unjustly dealt with in respect thereof if a grievor is working a shift other than 5 days, 8 hours per day, 7 calendar days will be substituted for 5 work days, 14 calendar days for 10 work days, and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:21 calendar days for 16 work days Step 1 - The aggrieved employee or Employees shall first initiate a discussion with their immediate Team Leader. The Employee will provide any documentation needed and complete the Local Chairperson shall present the grievance in writing to the appropriate Head comment section of the Department within 28 calendar days following fact sheet. If the cause of dispute is not settled during this discussion the grievance. Such Head of Department Employee will render a decision in writing within 28 calendar days following receipt of either meet with their ▇▇▇▇▇▇▇ or have their immediate Team Leader meet with the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) ▇▇▇▇▇▇▇ to discuss the grievanceissue or concern. All time frames in this process start with this first meeting between the Employee and the Team Leader. The Union Executive or their designate will file policy Grievances at Step 2. Step 2 - If at the grievance end of (7) seven calendar days, the dispute is not settled at Step 1one, the President may appeal Employee and the decision ▇▇▇▇▇▇▇ will submit in writing, giving writing a grievance that clearly defines the reasons for problem. A copy of the appeal, grievance will be given to the highest officer designated Production Manager / Human Resources Manager and two copies to the Chief ▇▇▇▇▇▇▇ along with the Union Fact Sheet. A written answer will be submitted to the Chief ▇▇▇▇▇▇▇ within (14) calendar days and a joint grievance meeting will be scheduled by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealHuman Resources Manager. Step 3 - If at the grievance end of fourteen (14) calendar days, the dispute is not settled at Step 2, it the Human Resources Manager will set up a joint grievance meeting in hopes of resolving the dispute. The Employee, Union Grievance Committee, the Union Business Representative, Team Leader, ▇▇▇▇▇▇▇, Department Manager and the Human Resources Manager may then be referred by either party attend this meeting. If the dispute is not settled as a result of this meeting, the Human Resources Manager will respond in writing to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Chief ▇▇▇▇▇▇▇ within 42 fourteen (14) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one 3 meeting. After receiving the Human Resources Manager’s response, either party may within thirty (30) calendar days submit the grievance will be considered as droppedto mediation or arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes The provisions of this supplementary letter shall be considered part of the Agreement for the purpose of the grievance and arbitration procedures. The parties to this agreement have mutual interest in the timely resolution of problems and issues. During this Agreement, the parties agree to meet and discuss new methods of conflict resolution which will reduce the overall time required to resolve disputes and hopefully minimize the requirement for third party dispute resolution. Where an apprentice has completed the apprenticeship and written a Ministry of Skills Development exam but is not being offered continuing employment and has not received the apprentice‘s test results where applicable, the apprentice will be retained, without change rate of pay and without for five working days following notification that the apprentice has passed the requirements. Where an apprentice is advised of failing the trades require- ments, the apprentice may be retained, without change in rate of pay and without seniority rights, to rewrite the failed Ministry of Skills Development test, where applicable. Employees who were in receipt of the rate on date of ratification will continue to receive a rate higher than the basic rate of their classification for the duration of this agreement provided they continue to perform the work for which the rate was awarded. Performance of Work and Salaried Staff Supervisory and salaried staff have duties and responsibilities which are normally distinct from those of bargaining unit employees, and will not do work regularly performed by bargaining unit classifications. It being understood that the interpretation of this article will not be affected by any movement to common employee status. The Company will not contract work that will result in a layoff of employees in the bargaining unit. If any arises with respect to this policy, the meaning, interpretation matter ▇▇▇▇ discussed forthwith by representatives the Company and the Council. In the event the Company and the Council are unable to resolve or alleged violation otherwise dispose of the terms of this agreementmatter, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may any subsequent grievance will be dealt with under the grievance procedure as outlined in Article commencing at the third step. Whenever practicable, the Company will notify the Allied Council, normally at the and meeting, of its intention to contract out work or have work done on It is the Company's intent that an Ontario Health Insurance Review similar to that which met in be convened from time to time as appropriate, to review supplementary health insurance coverage for employees resident in Ontario and to make recommendations to the employees in the following manner: Step 1 province. The aggrieved Company will not require a driver to lay-over without pay while on an outside assignment. Failure to pass any qualifying stage referred to in Article will be thoroughly discussed between the employee or (and a Union representative, if the Local Chairperson shall present employee so wishes) and the grievance in writing supervision, with a view to improving the appropriate Head of employee's performance. The employee will then be allowed to be re-examined for this stage once during the Department within 28 calendar days six month period following the cause of the grievancefailure at a mutually agreed time. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of timeHowever, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appealfinal qualifying stage, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled one additional attempt at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim qualifying will be paid. The application of this rule shall not constitute an interpretation of allowed at a mutually agreed-upon time during the collective agreementsix month period following the initial failure. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaning, interpretation or alleged 9.1. A grievance is hereby defined as a violation of the terms of this agreement, or when a violation of the law governing the employee-employer relationship, or any type of supervisor conduct which unjustly and unlawfully causes an employee claims that s/he has to lose his job (except during the probationary period) or any benefits arising out of his job, occurring not more than three (3) months prior to the date of complaint. 9.2. Should any dispute arise between the Union and the Company, as to any unadjusted grievance or as to the rights of either party under this agreement, both parties shall endeavor to settle such matters in the simplest and most direct manner. Any dispute arising from the interpretation of this agreement will be referred for discussion between the Company and the Local Union. The procedure (unless changed or any steps thereof waived by mutual consent) shall be as follows: 1st Step - Between the aggrieved employee and the grievance committee of the Local Union, the supervisor who is hearing the grievance and two management representatives. A written reply to be given to the President of the Local Union involved within fifteen (15) working days. 2nd Step - In the event the grievance is not satisfactorily resolved at the 1st Step, upon notification from the Local Union, a second step hearing shall be scheduled between the grievance committee of the Union and the President of the Company or his representative. An International Representative of the I.B.E.W. may be present at this step of the grievance procedure only to assist the Local Union. A written reply shall be given within fifteen (15) working days to the President of the Local Union. If notification of request for second step hearing is not received within forty (40) working days after a reply was given in the 1st Step, subject to waiver by mutual consent, it shall no longer exist. 3rd Step – If all foregoing steps having been unjustly dealt with taken without a satisfactory adjustment of the question in respect thereof and s/he is unable to obtain satisfactory explanationdispute, after having discussed then upon written request therefore, filed by the issue initiating party with the appropriate supervisoropposite party, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 ninety (90) calendar days following after date of reply on Step 2, the cause of the grievanceUnion and Company shall first attempt to agree upon an impartial Arbitrator. Such Head of Department will render a decision in writing If they cannot agree within 28 seven (7) calendar days following from receipt of the written grievance. During that period of timedemand for arbitration, a meeting either party may take place between request the grievor, the local representative and the Department Head American Arbitration Association (or representativeAAA) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following submit a list of fifteen (15) names of qualified Arbitrators. Upon receipt of the decision rendered in Step panel, the parties shall first attempt to agree upon an Arbitrator from the panel. If they cannot agree, the parties shall alternately strike names from the list until one (1) name remains, and that person shall serve as Arbitrator. Such officer will render a decision in writingAfter the effective date of this CBA, giving reasons the Company shall begin the striking process for the decision, within 42 calendar days following receipt first arbitration case heard and the Union shall begin the striking process for a subsequent arbitration and this order shall repeat during the term of the appeal. Step 3 If the grievance is not settled at Step 2CBA. However, it is understood that at any time during this selection process, the parties may then mutually agree upon an Arbitrator. To be referred by either party to valid, the Canadian Railway Office request for a panel of Arbitration for arbitrators from AAA must specify that the Arbitrators be provided at random and that all arbitrators be members of the National Academy of Arbitrators. The decision of the Arbitrator shall be final and binding settlement without stoppage of work in accordance with upon both parties. No Arbitrator shall have the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2power to add to, or the due date subtract from, or modify, any of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreementAgreement, are specifically excluded from or decide any question except the jurisdiction grievance submitted to the Arbitrator. Arbitrator expenses will be equally split between the parties. In the case of discharge or release of an employee, for any reason, the provisions of this clause for arbitration shall apply to the employee and the Company with respect to any unadjusted grievance related to such discharge or release, regardless of whether or not the steps in the grievance procedure under this article had been taken as herein provided. Failure of notification by the aggrieved party within the aforesaid ninety (90) days shall serve to nullify any complaint on grievances under this procedure. 9.3. Recognized shop stewards or other employees, acting as representatives of the Canadian Railway Office Union, may discuss grievances with the Company without loss of Arbitrationpay. The Union will notify the Company, in writing, as to the identity of stewards and ▇▇▇▇▇▇▇ groups and a list of them shall be posted on appropriate bulletin boards. Time spent in meetings called by the Company shall be considered hours of labor. 28.3 When (a) The Company will recognize as authorized representatives of the Union for purposes of contract negotiations the following: Local Union President or Business Manager, Vice President and other designated representative. In addition, the Company shall recognize a grievance is not progressed committee of no more than two (2) members appointed by the President. An International Representative of the IBEW may be present as an addition to this committee. Straight time spent in negotiations by Company employees shall be considered hours of labor. (b) The Company will recognize as authorized representatives of the Union for purposes of second step discussion of grievances, the aggrieved employee and the shop ▇▇▇▇▇▇▇ and up to two of the following: the President, Vice President, or Business Manager of the Local Union or their designee(s) as selected by the Union within the prescribed time limits, it President. 9.4. Awards made in grievance cases involving wages shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such on which the grievance was first submitted in writingofficially presented to the Company, unless otherwise unanimously agreed upon. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect The purpose of this procedure is to provide an orderly method for resolving differences arising during the meaningterm of this Agreement. For the purpose of this Agreement, a grievance is defined as any complaint regarding the interpretation or alleged violation application of a specific provision of this Agreement. Grievances shall be processed in accordance with the following procedures and shall be initiated in writing at the appropriate step within ten (10) working days after the facts upon which the grievance is based first occur or first become known. Working days are defined as Monday through Friday, excluding holidays. Timelines may be extended by mutual agreement of the terms parties. The written grievance shall give a clear and concise statement of this agreementthe facts upon which the grievance is based, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with involved, the appropriate supervisorspecific section(s) of the Agreement alleged to have been violated, and the relief sought. Saturdays, Sundays, and contractual holidays shall be excluded in computing time limits under this Article. Grievances filed by the Association having general application or grievances involving demotions, suspensions or terminations where the Police Chief’s actions or decisions were the cause of the grievance shall be commenced at either Step 1 or Step 2, and may be dealt with in follow through all the following manner:remaining levels of the grievance procedure. Step 1 The aggrieved employee or the Local Chairperson grievance shall present the grievance be initiated in writing to the appropriate Head Chief. The Chief shall schedule a meeting at a mutually agreeable time and shall hold it within ten (10) working days of the Department within 28 calendar filing. No later than five (5) working days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievormeeting, the local representative Chief shall set forth, in writing, his/her decision and the Department Head (or representative) to discuss reasons for the grievancedecision. Step 2 If the grievance is not settled resolved at Step 1, then within ten (10) working days after receipt of the President Chief’s decision, it may appeal be appealed to the decision City Administrator. The City Administrator or his or her designee shall schedule a meeting at a mutually agreeable time and shall hold it within ten (10) working days of the filing. No later than five (5) working days following the meeting, the City Administrator shall set forth, in writing, giving his/her decision and the reasons for the appealdecision. If the grievance is not resolved at Step 2, to the highest officer designated by the Company to handle grievancesthen, within 42 calendar ten (10) working days following receipt of the decision rendered in Step 1City Administrator’s response, the Association may elect to notify the City Administrator that it is willing to proceed to binding arbitration on the grievance. Such officer will render Within ten (10) working days after the Association has notified the City Administrator of its intent to arbitrate the grievance, the Association shall attempt to agree upon a decision in writingmutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain a commitment within the specified period, giving reasons for either party may file a written request with the decision, within 42 calendar days following Wisconsin Employment Relations Commission (WERC) to provide a slate of five Commissioners and/or members of its staff to act as arbitrator. Upon receipt of a panel of arbitrators from the appeal. Step 3 If WERC, the grievance is not settled at Step 2City and the Association shall select an arbitrator by the process of elimination. The City and the Association shall alternately strike names, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Officeremaining person being the selected arbitrator. The party requesting arbitration must notify to strike first shall be determined by the other party toss of a coin. The arbitrator so selected will confer with representatives of the City and the Association and hold hearings promptly and will issue his/her decision on a timely basis. The arbitrator's decision will be in writing within 42 calendar days following receipt and will set forth the findings of fact, reasoning, and conclusions on the issue submitted. The arbitrator will be without power or authority to make any decision in Step 2, which requires the commission of an act prohibited by law or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to which would violate the terms of this agreement, are specifically excluded from the jurisdiction Agreement. This decision of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by arbitrator will be final and binding on the Union within the prescribed time limits, it parties. The parties shall be considered as droppedresponsible for the costs of their own presentation at hearing. When In the appropriate officer event there is a charge or expenses for the services of an arbitrator or for a transcript of the Company fails to render a decision within the prescribed time limitsproceedings, the grievance may be progressed parties shall share the costs equally. If one of the parties determines that it does not desire to have a copy of the next step within transcript, the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it requesting party shall be considered as dropped. When solely responsible for the appropriate officer cost of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreementtranscript. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes Step One 18.01 Where there is a grievance by an employee, the same shall be made in respect writing to the meaning▇▇▇▇▇▇▇ within two (2) working days of the occurrence. The ▇▇▇▇▇▇▇ shall take the grievance up with the employer’s representative of the aggrieved employee. 18.02 An answer shall be given not later than twenty-four (24) hours following presentation of the grievance by the ▇▇▇▇▇▇▇. 18.03 If the decision has not been given within the prescribed time or if the decision is not acceptable, interpretation then the grievance shall be submitted in writing to the Local Labour-Management Committee within one further working day. 18.04 The Local Labour-Management Committee shall render their decision not later than four (4) working days of being presented with the grievance. If the decision is not given in the prescribed time or alleged violation if the decision is not acceptable then the grievance may be submitted to the Joint Conference Board within two working days or the grievor may at this stage proceed directly to Step Four within two working days if it is desirable to do so. The local union shall be entitled to submit a grievance in writing directly to the employer or the employer’s representative on the job site who shall render a decision not later than two working days following the presentation of the grievance to him. The employer, or it’s representative, shall be entitled to submit a grievance in writing directly to the local union. The union shall render their decision not later than two working days following the presentation of the grievance to them. Failing settlement any grievance shall be subject to arbitration in accordance with the following clause. The grievance shall be referred to the Joint Conference Board which will be required to hear the grievance and give an answer within four working days of receiving the grievance. Should the grievance party not be satisfied with the results of this, the procedure will be as follows: If the decision is not given in the prescribed time or if the decision is not acceptable, the grievor shall within two working days submit the grievance to an arbitrator named in article in accordance with clause The following persons are agreed upon as arbitrators and have agreed to serve as arbitrators under the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing▇▇▇ ▇▇▇▇▇▇▇ 2. ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, giving reasons for the decision, within 42 calendar days following receipt of the appeal.Q.C. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office3. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received.▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped4. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.▇▇▇▇ ▇▇▇▇▇▇▇▇

Appears in 1 contract

Sources: Collective Labour Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A. A grievance shall be defined as a dispute or complaint arising between the parties to the meaning, interpretation this Agreement under or alleged violation of the terms out of this agreementAgreement or the interpretation, application, performance, termination or when an employee claims that s/he has been unjustly dealt with in respect thereof any alleged breach thereof, and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may shall be dealt with processed and disposed of in the following manner: Step 1 1. Within ten (10) working days, an employee having a grievance and a representative of the Union shall take it up verbally with the Principal Investigator, supervisor or his/her designee, Director or other individual charged with the responsibility for the direction or functioning of the unit involved. Step 2. If the grievance is not settled in Step 1, the grievance may, within five (5) working days after the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be presented on a uniform, written grievance form, setting forth allegations of the specific incidence and the specific violations of the Collective Bargaining Agreement, signed by the grievant and a representative of the Union, and presented to the grievant's Department Chairman or his/her designee. The aggrieved employee Department Chairman or designee shall meet with the Local Chairperson grievant and union representative to hear the allegations of the specific incidence and the specific violations of the collective bargaining agreement within ten (10) working days upon receipt of the written grievance. The department chairman or designee shall present respond to the grievance in writing within five (5) working days after meeting with the union and the grievant. Step 3. If the grievance is not settled in Step 2, the grievance may, within five (5) working days after the answer in Step 2, be presented in Step 3. A grievance shall be presented in this Step in writing, setting forth allegations of the specific violations of the Collective Bargaining Agreement, signed by the grievant and a representative of the Union and presented to the appropriate Head Senior Director of Labor Relations, with a copy to the Department Chairman or designee responsible for the second step. The Senior Director of Labor of Relations or designee shall meet with the grievant and the Union representative within 28 calendar days following the cause of the grievance. Such Head of Department will 10 working days, and shall render a decision in writing within 28 calendar 10 working days following receipt after the meeting. B. Failure on the part of the written grievance. During that period of timeemployer to answer a grievance at any Step shall not be deemed acquiescence thereto, and the Union may proceed to the next Step. C. Anything to the contrary herein notwithstanding, a meeting grievance concerning a discharge or suspension shall be presented initially at Step 3, within ten (10) working days of the time the employee is notified of the discharge or suspension. D. Without waiving the Employer's statutory rights, a grievance on behalf of the Employer may take place between be presented initially at Step 3 by notice in writing addressed to the grievorUnion at its office. E. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays. F. Any disposition of a grievance from which no appeal is taken within the local representative time limits specified herein shall be deemed conclusive, and the Department Head (or representative) grievance shall not thereafter be considered subject to discuss the grievancegrievance and arbitration provisions of this Agreement. (i) A grievance which affects a substantial number of employees, and which the Employer representatives designated in Steps 1 and 2 lack authority to settle, may be presented initially at Step 2 If 3 by a representative of the Union. (ii) A grievance concerning a layoff or failure to recall will be presented at Step 3. H. A grievance, as defined in Section A above, which has not been resolved hereunder shall, within twenty (20) working days after completion of Step 3 of the grievance is not settled at Step 1procedure, be referred for arbitration by the President may appeal Employer or the decision in writing, giving the reasons for the appeal, Union to a panel arbitrator from an agreed-upon panel of six arbitrators. Cases shall be assigned on a rotational basis to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt members of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work panel in accordance with Arbitrator ▇▇▇▇▇▇▇’▇ March 15, 2004 Consent Award attached hereto as Exhibit C. Where the rules union seeks to grieve the failure of a laid off employee to be recalled to a particular position, the University will meet within 10 days of the union’s grievance. If the matter is not resolved and procedures the union wishes to arbitrate the failure to recall the arbitration will be expedited using the following procedure: If the arbitrator next on the rotation list is not available within thirty days, the parties will proceed down the list until an arbitrator with an available date within thirty days is found. I. The fees and expense of that Officethe Arbitrator shall be borne equally by the parties. J. The arbitrator shall render the award within thirty (30) days of the closing of the record. The party requesting arbitration must notify award of an Arbitrator hereunder shall be final, conclusive and binding upon the other party in writing within 42 calendar days following receipt of Employer, the decision in Step 2Union, or and the due date of such decision if not receivedemployees. 28.2 Disputes K. The Arbitrator shall have jurisdiction only over disputes arising out of proposed changes grievances, as defined in rates of paySection A above, rules and he/she shall have no power to add to, subtract from, or working conditions, modifications modify in or additions to any way the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of ArbitrationAgreement. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time L. Time limits based on the last date such decision was due, except as otherwise provided in this Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing written agreement of the step one grievance will be considered as droppedparties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes Where there is a grievance by an employee, the same shall be made in respect writing to the meaning▇▇▇▇▇▇▇ within three days of the occurrence. The ▇▇▇▇▇▇▇ shall take the grievance up with the immediate superior of the aggrieved employee. Such action may be commenced ten days after default in payment has occurred. Any employer which is delinquent in payment of any trust fund or trust funds payment, interpretation will be compelled to make payment on a weekly basis for all funds. Any employer refusing to comply with this section will have his employees removed until such time he has complied with this section. Removal of employees will not be deemed to be a breach of this agreement by the union. An answer shall be given not later than the commencement of the shift in which the grievance occurred on the day following the presentation of the grievance by the ▇▇▇▇▇▇▇. If the decision has not been given within the prescribed time or alleged violation the decision is not acceptable, then the grievance shall be submitted in writing to the superintendent of the employee. The superintendent shall render his decision not later than two working days of being presented with the grievance. The local union shall be entitled to submit a grievance in writing directly to the superintendent of the employer, or the senior official of the employer on the project, who shall render his decision not later than two working days following the presentation of the grievance to him. The employer, or his representative shall be entitled to submit a grievance in writing directly to the local union. The local union shall render their decision not later than two working days following the presentation of the grievance to them. Failing settlement of any grievance, it shall be subject to arbitration in accordance with the following clauses: The grievance shall be referred to the Local Labour Management Committee which will be required to hear the grievance and give an answer within four working days of receiving the grievance. Should either party not be satisfied with the results of this, then it may proceed to have the grievance heard at the Joint Conference Board. The Joint Conference Board will be required to hear the grievance and shall give an answer within four working days. Should either party not be satisfied with the result of the Joint Conference Board, then it may proceed to arbitration within ten working days of having received the results from the Joint Conference Board. There shall be a group of arbitrators within the area of the local union which have agreed to act in this capacity under the terms of this agreement. The arbitrators shall be approved by the employers and the local union. The party initiating the grievance shall file the grievance with the first named arbitrator, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he if this arbitrator is unable to obtain satisfactory explanationserve or is not available for any reason, the second named arbitrator shall be acquired and shall continue until an arbitrator is found that is able to serve in this capacity. The arbitrator shall hold a hearing within three days after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing has been submitted to him and shall render his decision to the appropriate Head parties within seventy-two hours after the completion of the Department within 28 calendar days following the cause hearing. The costs of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated each arbitration case shall be borne equally by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealparties thereto. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Labour Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect i. An employee who feels they have a grievance may first take the matter up with their exempt supervisor. If they are not satisfied with the resolution they may refer the matter to the meaningemployee’s Shop ▇▇▇▇▇▇▇. If the Union considers the grievance to be just, interpretation or alleged violation a written grievance may be initiated and submitted in accordance with the provisions of this Article. Once a grievance has been submitted in writing by a representative of the terms Union, The City will not endeavour to settle the grievance directly with the employee. ii. Any discussions between an exempt supervisor as well as Steps 1 and 2 of the grievance procedure are conducted without prejudice to the position of either party in an effort to resolve the issue as informally as possible. iii. No grievance handling shall take place on City property or during working hours except where both parties or the exempt supervisors are represented. All Employees shall give their notice of their intended absence to the exempt supervisor prior to attending such meetings. 10.02 It is the mutual desire of The City and the Union that grievances are resolved as quickly as possible and therefore timelines are prescribed for this agreementpurpose. Timelines and procedures contained in this Article are mandatory but may be extended by mutual agreement in writing between the parties. Failure to pursue a grievance within the prescribed timelines and in accordance with the prescribed procedures will result in abandonment of the grievance. Failure to reply to a grievance in a timely fashion will advance the grievance to the next step. Grievances so advanced will be subject to timelines as if a reply had been made on the last allowable day of the preceding step in the procedure. 10.03 All grievances will be submitted by the Union within fourteen (14) calendar days of the date of occurrence or the date the employee ought to have reasonably known of the occurrence giving rise to the grievance, to either the Transit Superintendent Conventional Services, or when an employee claims that Planning and Action Bus (depending on the work area of the grievor) or their designate. The Superintendent receiving the grievance will sign and date the grievance acknowledging receipt and provide a copy to the Shop ▇▇▇▇▇▇▇. 10.04 A policy grievance or a group grievance will be submitted directly to Step 2, to the Transit Manager in the case of the Union filing the grievance, or directly to the President Business Agent of ATU Local 1374 in the case of The City filing a grievance. 10.05 An individual termination grievance will be submitted directly to Step 3, to the Director of Community Services. 10.06 The Superintendent or designate will convene a meeting to hear the grievance within ten (10) working days of the grievance being submitted. The grievor and the shop ▇▇▇▇▇▇▇(s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed ) will attend the issue meeting along with the appropriate supervisor, may be dealt with in the following manner:exempt supervisor and/or designate(s). Step 1 10.07 The aggrieved employee Superintendent or the Local Chairperson shall present the grievance their designate will render their decision in writing to the appropriate Head of the Department shop ▇▇▇▇▇▇▇ within 28 calendar ten (10) working days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancemeeting. Step 2 10.08 If the grievance is matter has not settled been resolved at Step 1, the President Union may appeal advance the grievance to the Transit Manager or their designate within ten (10) working days of the Step 1 decision. 10.09 The Transit Manager or their designate will convene a meeting to hear the grievance within ten (10) working days of the grievance being advanced. The grievor and the shop ▇▇▇▇▇▇▇(s) will attend the meeting along with the Superintendent and/or their designate(s). 10.10 The Transit Manager or their designate will render their decision in writing, giving the reasons for the appeal, writing to the highest officer designated by the Company to handle grievances, shop ▇▇▇▇▇▇▇ within 42 calendar ten (10) working days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealmeeting. Step 3 10.11 If the grievance is matter has not settled been resolved at Step 2, it the Union may then be referred by advance the grievance to the Director of Community Services or their designate within ten (10) working days of the Step 2 decision. 10.12 The Director of Community Services or their designate will convene a meeting to hear the grievance within ten (10) working days of the grievance being advanced. The grievor and the shop ▇▇▇▇▇▇▇(s) will attend the meeting along with the Transit Manager and/or their designate(s). 10.13 The Director of Community Services or their designate will render their decision in writing to the shop ▇▇▇▇▇▇▇ within ten (10) working days following the meeting. 10.14 If the matter has not been resolved at Step 3, the Union may advance the grievance to the City Manager or their designate within ten (10) working days of the Step 3 decision. 10.15 The City Manager or their designate will convene a meeting to hear the grievance within ten (10) working days of the grievance being advanced. The grievor and the Union Representative(s) will attend the meeting along with Representatives of The City. 10.16 The City Manager or their designate will render their decision in writing to the Union within ten (10) working days following the meeting. 10.17 In the event the grievance has not been satisfactorily resolved at Step 4, either party within Thirty (30) calendar days from the date a decision is rendered by The City Manager or their designate, may refer the matter to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify by a single arbitrator by serving notice to the other party in writing within 42 calendar days following receipt along with the names of the decision in Step 2, or the due date of such decision if not receivedat least three (3) Arbitrators proposed to arbitrate. 28.2 Disputes arising out of proposed changes in rates of pay10.18 If it is not possible to mutually select an arbitrator, rules or working conditions, modifications in or additions either party may apply to the terms Minister of this agreement, are specifically excluded from the jurisdiction Labour of the Canadian Railway Office of ArbitrationAlberta who shall then appoint an arbitrator. 28.3 When 10.19 Subject to mutual agreement between The City and the Union, arbitration proceedings, as herein provided, may be carried out using a grievance is not progressed board of arbitration. One (1) arbitrator or nominee to be chosen by The City and one (1) by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paidUnion. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.two

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms and conditions of this Agreement. Grievances shall be reduced to writing and submitted on the AFSCME Grievance Form and Fact Sheet. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, the employee may avail themselves of the following procedure. A grievance shall not be expanded upon after Step 3 of the grievance procedure. Section 2. Disputes in respect arising from dismissal are subject to the meaninggrievance and arbitration procedure pursuant to the expedited procedures described in Article 45, interpretation Discipline and Discharge. All other disciplinary actions and refusal/withholding of merit step increases shall follow the steps outlined in this article. Step 1. Employee, with or without Union representation will file a written grievance within thirty (30) calendar days from the date of the alleged violation of the terms agreement with their Functional Unit Manager (Local State Director). The Functional Unit Manager shall respond in writing within thirty (30) calendar days from the date of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:grievance being received. Step 1 The aggrieved employee or 2. If the Local Chairperson grievance is not resolved at Step 1, the Union shall present appeal the grievance in writing to the appropriate Head designated appointing authority or designee within fifteen (15) calendar days from the date of receipt of the Department within 28 calendar days following the cause of the grievanceStep 1 response. Such Head of Department will render a decision The appointing authority or designee shall respond in writing within 28 thirty (30) calendar days following from the date of receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 3. If the grievance is not settled resolved at Step 12, the President may Union shall appeal the decision grievance in writing, giving the reasons for the appeal, writing to the highest officer designated by the Company to handle grievances, Department of Corrections Human Resources Division within 42 fifteen (15) calendar days following of receipt of the decision rendered appointing authority‘s response that such response is not acceptable. The Assistant Director of the Human Resources Division or designee shall respond in Step 1. Such officer will render a decision in writing, giving reasons for the decision, writing within 42 twenty-one (21) calendar days following of receipt of the appeal. Step 3 4. If the grievance is not settled resolved at Step 23, it may then be referred by either party the Union shall appeal the grievance in writing to the Canadian Railway Office Department of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Administrative Services Labor Relations Unit within 42 fifteen (15) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing receipt of the step Step 3 response. The Labor Relations Unit shall respond in writing within thirty (30) calendar days from the date of receipt of the appeal. a) If the grievance is not resolved at Step 4, the Union will, within fifteen (15) calendar days from receipt of the Step 4 response, request from the Employment Relations Board the names of five (5) qualified arbitrators. Such notice to the Board shall identify the specific grievance by employee name(s), work location, bargaining unit and date the grievance was filed, and a statement that, ―This shall serve as official notice of the Union‘s intent to arbitrate this grievance.‖ A copy of this notice shall be sent to the Department of Administrative Services Labor Relations Unit. b) The parties shall alternately strike names with the moving party striking first, from the Employment Relations Board list, one grievance will (1) name at a time until only one (1) name remains on the list. The name remaining on the list shall be considered accepted by the parties as droppedthe arbitrator, and arbitration hearings shall commence at such time and place mutually agreed to by the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms and conditions of this Agreement. Grievances shall be reduced to writing and submitted on the FOPPO Grievance Form. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, the employee may avail themselves of the following procedure. A grievance shall not be expanded upon after Step 3 of the grievance procedure. Section 2. Disputes in respect arising from dismissal are subject to the meaninggrievance and arbitration procedure pursuant to the expedited procedures described in Article 45, interpretation Discipline and Discharge. All other disciplinary actions and refusal/withholding of merit step increases shall follow the steps outlined in this article. • Step 1. Employee, with or without Federation representation will file a written grievance within thirty (30) calendar days from the date of the alleged violation of the terms agreement with their Functional Unit Manager (Local State Director). The Functional Unit Manager shall respond in writing within thirty (30) calendar days from the date of this agreementthe grievance being received. 2. If the grievance is not resolved at Step 1, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, Federation may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present appeal the grievance in writing to the appropriate Head designated appointing authority or designee within fifteen (15) calendar days from the date of receipt of the Department Step 1 response. The appointing authority or designee shall respond in writing within 28 thirty (30) calendar days following from the cause date of receipt of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance• Step 3. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled resolved at Step 12, the President Federation may appeal the decision grievance in writing, giving the reasons for the appeal, writing to the highest officer designated by the Company to handle grievances, Agency’s Labor Relations Administrator or designee within 42 fifteen (15) calendar days following of receipt of the decision rendered appointing authority’s response. The Labor Relations Administrator or designee shall respond in Step 1. Such officer will render a decision in writing, giving reasons for the decision, writing within 42 twenty-one (21) calendar days following of receipt of the appeal. . • Step 3 4. If the grievance is not settled resolved at Step 23, it the Federation may then be referred by either party appeal the grievance in writing to the Canadian Railway Office Department of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Administrative Services Labor Relations Unit within 42 fifteen (15) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing receipt of the step Step 3 response. The Labor Relations Unit shall respond in writing within thirty (30) calendar days from the date of receipt of the appeal. • Step 5. a) If the grievance is not resolved at Step 4, the Federation may, within fifteen (15) calendar days from receipt of the Step 4 response, request arbitration of the grievance by providing notice by electronic mail to the Department of Administrative Services, Labor Relations Unit email address (▇▇▇@▇▇▇.▇▇▇▇▇▇.▇▇▇). The Federation will also request from the Employment Relations Board the names of seven (7) qualified arbitrators. Such notice to the Board shall identify the specific grievance by employee A copy of this notice shall be sent to the Department of Administrative Services Labor Relations Unit. b) The parties shall alternately strike names with the moving party striking first, from the Employment Relations Board list, one grievance will (1) name at a time until only one (1) name remains on the list. The name remaining on the list shall be considered accepted by the parties as droppedthe arbitrator, and arbitration hearings shall commence at such time and place mutually agreed to by the parties.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect ‌ A. A grievance is defined as a dispute concerning the interpretation or application of any provision of this Agreement. In the event a bargaining unit employee, group of bargaining unit employees, or the Guild has a grievance, it shall be adjusted according to the meaning, interpretation or alleged violation of the terms procedure below. The purpose of this agreementprocedure is to secure, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following easiest and most efficient manner:, resolution of grievances. Step 1 The 1. A good faith effort shall be made to resolve any grievance between an aggrieved employee or group of employees and their immediate supervisor. An aggrieved employee may have a Union representative’s assistance with Step 1 upon request from the Local Chairperson employee. Any settlement or resolution reached at this step is not precedential. Step 2. If a settlement is not reached in Step 1, and the employee(s) wishes to initiate a formal grievance, it shall present be set forth in writing and include the following information: the nature of the grievance, the facts upon which it is based (including the date of the occurrence or event giving rise to the grievance), the section(s) of the Agreement allegedly violated, and the relief requested. The written grievance must be submitted to MinnPost’s Executive Director or the Executive Director’s designee no later than fourteen (14) calendar days after the occurrence of the event giving rise to the grievance. Within fourteen (14) calendar days after receiving the written grievance, MinnPost and the Guild shall arrange a meeting to attempt to resolve the grievance. MinnPost shall give its written response to the grievance in writing to the appropriate Head of the Department designated Guild Representative within 28 fourteen (14) calendar days following the cause meeting. Failure by MinnPost to respond within the designated timeframe will be considered a denial of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 3. If no satisfactory settlement of the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled reached at Step 2, it either MinnPost or the Guild may then be referred by either party make a written request to participate in a nonbinding mediation of the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance grievance with the rules Federal Mediation and procedures of that Office. The party requesting arbitration must notify the other party in writing Conciliation Service within 42 fourteen (14) calendar days following receipt of after the decision Step 2 written answer is received or due. Participation in mediation under this Step 2, or 3 is voluntary and must be agreed to by both MinnPost and the due date of such decision if not received. 28.2 Disputes arising out of proposed changes Guild. If both parties agree to participate in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsmediation, it shall be considered as droppedconducted and completed before either party submits the grievance to arbitration. Step 4. When If mediation is unsuccessful in resolving the appropriate officer grievance, a request to participate in mediation is declined by one of the Company fails parties, or a timely request to render participate in mediation is not made by either party, the Guild may submit a decision written demand for arbitration within fifteen (15) calendar days following the prescribed conclusion of the mediation, a declined timely request to participate in mediation, or MinnPost’s response to the Step 2 meeting, whichever occurs latest. Any arbitration requested under this Step 4 will be administered by the Federal Mediation and Conciliation Service under its Labor Arbitration Rules. B. Within ten (10) calendar days after receipt of a written demand for arbitration, the parties shall confer to select an arbitrator. If the parties are unable to agree on one arbitrator, the party demanding arbitration may request a list of seven (7) prospective arbitrators from the Federal Mediation and Conciliation Service. Either party may request up to one (1) additional list if the first supplied list is unsatisfactory. Each party shall take turns striking one name from the list until one name remains, which identifies the selected arbitrator. The party demanding arbitration strikes first. The party demanding arbitration shall bear any initial filing fees. The fees and expenses of the selected arbitrator shall be shared equally by MinnPost and the Guild, however, neither party shall be obligated to pay any portion of the cost of a stenographic transcript without prior consent. Additionally, each party shall be responsible for the costs and expenses of its own representatives and witnesses. The Arbitrator shall not have authority or jurisdiction to base their award on any alleged practice or oral understandings not incorporated into this Agreement. The Arbitrator shall interpret this Agreement based on the intent of the parties and cannot add to, delete from, or modify this Agreement. The Arbitrator’s award shall be final and binding on MinnPost, the Guild, and the employees covered by this Agreement. ▇. ▇▇▇▇▇▇▇▇ and the Guild may mutually agree in writing to extend any deadlines set forth in the grievance procedure above, for example, to allow for additional time limitsto investigate or negotiate a resolution to a grievance. Any request to extend a deadline must be made before the deadline has passed. Any agreement to extend a deadline shall not be precedential and shall not otherwise excuse strict compliance with the deadlines for other grievances. If the Guild does not make a timely request to move any grievance to the next step, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of deemed settled in accordance with MinnPost’s disposition in the collective agreementprior timely-requested step. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 9.1. A Grievance is hereby defined as a disagreement concerning the interpretation or application of this Agreement, occurring not more than three (3) months prior to the meaning, interpretation or alleged violation date of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof complaint. The parties will consider a Grievance timely if a Grievance Record is completed and s/he is unable to obtain satisfactory explanation, after having discussed the issue filed with the appropriate supervisorsupervisor within three months of the incident. Once supervision receives the Grievance Record and returns it to the Union with a written reply within thirty (30) calendar days, may the Union will have thirty (30) calendar days from that date to file for a First Step Grievance meeting. Copies will be dealt with given to the ▇▇▇▇▇▇▇ and the original will be mailed to the Local Union President. (a) Should any dispute arise between the Union and the Company as to any unadjusted Grievance or as to the rights of either party under this Agreement, both parties shall endeavor to settle such matters in the following simplest and most direct manner: . Any dispute arising from the interpretation of this Agreement will be referred for discussion as follows: 1st Step 1 The – A meeting between the aggrieved employee and/ or the Local Chairperson shall present the grievance in writing to the his Union representative with his immediate supervisor or appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer supervision designated by the Company shall be held within sixty (60) calendar days from the date the Grievance advanced to handle grievancesFirst Step. No more than two (2) representatives (Local ▇▇▇▇▇▇▇ and Local President or their designee) from the Union and the Grievant will be paid by the Company for all time lost from their scheduled work period to attend the First Step Grievance. A written reply to be given to the President of the Local Union involved within fifteen (15) working days. In discharge cases, this step will be bypassed. 2nd Step – In the event the Grievance is not satisfactorily resolved at the First Step, upon notification from Local Union 1289, a Second Step hearing shall be scheduled and heard between the Union and the Company, and shall be held within sixty (60) calendar days from the date the Grievance advanced to Second Step. An International Representative of the I.B.E.W. may be present at this step of the Grievance Procedure only to assist Local Union 1289. A written reply shall be given within fifteen (15) working days to the President of Local Union 1289. If notification of request for Second Step hearing is not received within forty (40) working days after a reply was given in the First Step, subject to waiver by mutual consent, it shall no longer exist. No more than three (3) representatives from the Union (Local President and Vice- President, Secretary or their designee), and the grievant will be paid by the Company for all time lost from their scheduled work period to attend a Second Step Grievance. If the Company fails to meet and provide a written reply, within 42 any of the time periods specified in this Section, the Grievance will proceed to the next step. If the Union fails to pursue any Grievance within the time periods specified in this Section, the Grievance will be moot. (b) Arbitration - If the foregoing steps have been taken without a satisfactory adjustment of the question in dispute, then upon written request within ninety (90) calendar days following receipt after date of reply on Step 2, either party may make a written request for arbitration to the American Arbitration Association (“AAA”). The arbitrator will be selected using AAA’s standard “strike and rank” procedure. In the case of discharge or release of an employee, for any reason, the provisions of this clause for arbitration shall apply to the employee and the Company with respect to any unadjusted Grievance related to such discharge or release, regardless of whether or not the steps in the Grievance Procedure under this Article had been taken as herein provided. Failure of notification by the aggrieved party within the aforesaid ninety (90) days shall serve to nullify any complaint on Grievances under this Procedure. The arbitrator selected shall consider the merits of the decision rendered question in Step 1. Such officer will dispute and render a decision thereon. The decision shall be in writing, giving reasons for writing and shall be binding upon the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party parties. All previous arbitrations are binding to the Canadian Railway Office of Arbitration for final extent they are applicable to and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions contradictory to the terms of this agreementthe Collective Bargaining Agreement. The parties shall meet at any place by mutual consent, are specifically excluded from each party sharing equally in the jurisdiction fee and expenses of the Canadian Railway Office arbitrator. No arbitrator shall have the power to change, add to or subtract from any of Arbitration.the provisions of this Agreement. The arbitrator’s function shall be limited to the interpretation and application of the existing clauses 28.3 When 9.3. Recognized shop stewards or other employees, acting as representatives of the Union, may discuss Grievances with the Company without loss of pay. The Union will notify the Company, in writing, as to the identity of stewards and ▇▇▇▇▇▇▇ groups and a grievance is not progressed list of them shall be posted on appropriate bulletin boards. Time spent in meetings called by the Union within the prescribed time limits, it Company shall be considered hours of labor. (a) The Company will recognize as dropped. When the appropriate officer authorized representatives of the Union for purposes of Contract negotiations the following: President, Vice President and Secretary and Business Managers or Asst. Business Managers of Local Union 1289. (b) The Company fails to render a decision within will recognize as authorized representatives of the prescribed time limitsUnion for purposes of second step discussion of Grievances, the grievance may be progressed to aggrieved employee, the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer President or Business Manager and Vice President or Business Manager of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limitsLocal Union from whence Grievance arose, the claim will be paid. The application President, Vice President and Secretary of this rule shall not constitute an interpretation of the collective agreementLocal Union 1289, or their authorized deputies. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to 7.01 For the meaningpurpose of this Agreement, interpretation a grievance is defined as a dispute, claim or complaint involving the interpretation, administration, application or alleged violation of the terms provisions of this agreement, or when Agreement. STEP 1 If an employee claims that s/has a complaint, he has been unjustly dealt shall discuss it with in respect thereof and s/his immediate Supervisor within five (5) working days after the circumstances giving rise to the complaint have originated or occurred. The employee may, if he wishes, be accompanied by a ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ shall give notice if the complaint is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following mannerconsidered as Step 1. The Supervisor shall give his decision within three (3) working days. Failing Settlement: Step 1 The aggrieved employee or STEP 2 Within three (3) working days after the Local Chairperson shall present decision is given by the immediate Supervisor, the grievance shall be submitted in writing by the Grievance Committee to the appropriate Head Director or designate, and shall include the section(s) of the Department within 28 calendar days following Agreement allegedly violated and the cause redress sought. The decision of the grievance. Such Head of Department will render a decision Director or designate shall be delivered in writing within 28 calendar five (5) working days following receipt of submission. Failing Settlement: STEP 3 Within three (3) working days after the written grievancedecision is given by the Director or designate, the grievance shall be submitted in writing by the Grievance Committee and shall include the section(s) of the Agreement allegedly violated and the redress sought. During that period of time, a A meeting may take place will then be held between the grievor, the local representative President or his/her designate and the Department Head Grievance Committee, including the Local Union Business Manager or his/her designate, within a further ten (10) working days. The Corporation President may have such counsel and assistance as he may desire. The decision of the President shall be delivered in writing within five (5) working days following the meeting. 7.02 It is acknowledged that any claim that a regular employee has been disciplined or representative) to discuss discharged without just cause or in a discriminatory manner may be the subject of a grievance. Step 2 If 7.03 Any difference or grievance arising directly between Management and the grievance is Union (which shall not settled include matters that employees are personally entitled to grieve upon) may be submitted in writing by either party at Step 1, 3 within five (5) full working days after the President may appeal the decision in writing, circumstances giving the reasons for the appeal, rise to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealcomplaint or grievance have originated or occurred. Step 3 If the grievance is not settled at Step 27.04 When a group of employees has a complaint or grievance, it may then be referred submitted, by either party the Grievance Committee in writing at Step 3 within five (5) full working days after the circumstances giving rise to the Canadian Railway Office of Arbitration for complaint or grievance have originated or occurred. 7.05 All decisions arrived at between Management and the Union with respect to a grievance shall be final and binding settlement without stoppage of work in accordance with upon Management, the rules Union and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, employee or the due date of such decision if not receivedemployees concerned. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 7.06 The time limits specified herein provided in this article may be extended by mutual agreementwritten agreement between the parties concerned. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect PROCEDURE SECTION 1 - The purpose of this Article is to provide an orderly method for the settlement of any dispute between the parties over the interpretation, application or claimed violation of any specific provision of the Agreement. Such a dispute shall be defined as a Grievance, which gave rise to the meaningfollowing steps, interpretation or time limits and conditions herein set forth. All time limits start from the date of the occurrence. (occurrence is defined as the time when the alleged violation first became known to the employee) In the event the Employer fails to give a written response to the grievance within the time limits specified, the grievance may be automatically processed to the next step up to and including arbitration. In the event the Union or employee fails to process a grievance in a timely manner or fails to observe the time limits or procedural requirements specified herein, the grievance shall be deemed to have been dropped by the Union or employee and may not be resubmitted. SECTION 2 - The settlement of a grievance in any case shall not be made retroactive for a period exceeding sixteen (16) working days prior to the terms date the grievance was first presented in writing. SECTION 3 - First step grievances will be processed during working time. Employee Union representatives who may process first step grievances, or be involved in the resolution of first step grievances, in accordance with this Article will be paid for their involvement. For the purposes of this agreementsection, or when an employee claims that s/he has been unjustly dealt with in respect thereof if a grievor is working a shift other than 5 days, 8 hours per day, 7 calendar days will be substituted for 5 work days, 14 calendar days for 10 work days, and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:21 calendar days for 16 work days Step 1 - The aggrieved employee or Employees shall first initiate a discussion with his immediate Team Leader. The Employee will provide any documentation needed and complete the Local Chairperson shall present the grievance in writing to the appropriate Head comment section of the Department within 28 calendar days following fact sheet. If the cause of dispute is not settled during this discussion the grievance. Such Head of Department Employee will render a decision in writing within 28 calendar days following receipt of either meet with his ▇▇▇▇▇▇▇ or have his immediate Team Leader meet with the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) ▇▇▇▇▇▇▇ to discuss the grievanceissue or concern. All time frames in this process start with this first meeting between the Employee and the Team Leader. The Union Executive or their designate will file policy Grievances at Step 2. Step 2 - If at the grievance end of (7) seven calendar days, the dispute is not settled at Step 1one, the President may appeal Employee and the decision ▇▇▇▇▇▇▇ will submit in writing, giving writing a grievance that clearly defines the reasons for problem. A copy of the appeal, grievance will be given to the highest officer designated Production Manager / Human Resources Manager and two copies to the Chief ▇▇▇▇▇▇▇ along with the Union Fact Sheet. A written answer will be submitted to the Chief ▇▇▇▇▇▇▇ within (14) calendar days and a joint grievance meeting will be scheduled by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealHuman Resources Manager. Step 3 - If at the grievance end of fourteen (14) calendar days, the dispute is not settled at Step 2, it the Human Resources Manager will set up a joint grievance meeting in hopes of resolving the dispute. The Employee, Union Grievance Committee, the Union Business Representative, Team Leader, ▇▇▇▇▇▇▇, Department Manager and the Human Resources Manager may then be referred by either party attend this meeting. If the dispute is not settled as a result of this meeting, the Human Resources Manager will respond in writing to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Chief ▇▇▇▇▇▇▇ within 42 fourteen (14) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.3 meeting. After receiving the Human Resources Manager’s response, either party may within thirty

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaning, interpretation or alleged violation of the terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing through the Company designated electronic system to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing through the Company designated electronic system within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writingwriting through the Company designated electronic system, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writingwriting through the Company designated electronic system, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing through the Company designated electronic system within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 16.1: Should any differences, disputes or complaints arise as to the meaning, interpretation meaning or alleged violation application of the terms provisions of this agreementAgreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may such differences shall be dealt with resolved in the following manner: Step 1 The 1. An aggrieved employee through the Union, or the Local Chairperson shall present the Union in behalf of one or more employees or in its own behalf, may initiate a grievance by submitting such grievance in writing to the appropriate Head Chief of the Department Department, or in the absence of the Chief to the Township Supervisor, within 28 ten (10) calendar days after the Occurrence or omission giving rise to the grievance. The Chief (or Township Supervisor) shall reply within ten (10) calendar days thereafter · No grievance will be considered or discussed which is presented later than ten (10) calendar days after knowledge or such has happened, with the exception of wage claims which shall be presented no later than thirty (30) calendar days. Step 2. If the matter is not satisfactorily resolved in the first step, the Union may appeal in writing to the Public Safety Committee of which the Township Supervisor shall be deemed to be the Chairman for purposes of processing grievances. That appeal shall be filed within ten '(10) calendar days following the cause reply of the grievanceChief, (or Township Supervisor) or if no reply has been received from the Chief (or Township Supervisor) within ten (10) calendar days following submission of the grievance under Step 1, within the next ten (10) days. Such Head of Department will render a decision The Public Safety ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ shall reply in writing within 28 calendar ten (10) Step 3. If the matter is not satisfactorily resolved in the second step, the Union may appeal in writing to the Township Board, within ten (10) days following receipt the written decision of the written grievance. During that period of timePublic Safety Committee, a meeting may take place between or if no reply has been received from the grievor, the local representative and the Department Head Public Safety Committee within ten (or representative10) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt the SUbmission of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at appeal under Step 2, it may then within the next ten (10) days. Such appeal shall be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance filed with the rules Township Clerk and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.ten

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to the meaning, interpretation or alleged violation be violations of the terms and conditions of this agreementAgreement. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, or when an the employee claims that s/he may avail themselves of the following procedure. A grievance shall not be expanded upon after the grievance has been unjustly dealt filed with the designated appointing authority. Section 2. Disputes arising from reduction in respect thereof pay, dismissal, suspension or demotion other than initial trial service employees are subject to the grievance and sarbitration procedure. Appeal of a written reprimand, refusal/he is unable withholding of merit step increase and any other form of discipline other than dismissal, reduction, suspension and demotion shall be in accordance with this article. Step 1. Employee, with or without union representation will contact their immediate supervisor to obtain satisfactory explanation, after having discussed meet and discuss alleged contract violations prior to filing a written grievance at step 2. Step 2. If the issue with is unresolved, the appropriate supervisorUnion will submit a written grievance containing the date of occurrence, may be dealt with in the following manner: Step 1 The aggrieved employee act or omission that created the Local Chairperson grievance, the section violated, and the remedy desired within thirty (30) days of the alleged occurrence. Where the issue is not settled at step 1, the Union shall present submit the grievance in writing to the appropriate Head designated appointing authority within thirty (30) days of the Department within 28 calendar days following the cause of the grievancealleged occurrence. Such Head of Department will render a decision The designated appointing authority’s response shall be due in writing within 28 thirty (30) calendar days following of receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 3. If the grievance is not settled at Step 1resolved by the Agency, the President may appeal Union shall notify the decision in writing, giving Labor Relations Division of the reasons for the appeal, to the highest officer designated by the Company to handle grievances, Department of Administrative Services within 42 fifteen (15) calendar days following of receipt of the decision rendered designated appointing authority’s response that such response is not acceptable. A meeting will be held between the parties to mutually share information about the grievance. The parties shall fully disclose their respective positions and all supporting evidence. All potential resolutions shall be discussed in Step 1this meeting and shall be non-prejudicial to the parties if arbitrations occur. Such officer will render a decision The meeting shall occur within fifteen (15) days of the Union's notice, unless otherwise agreed to in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 4. If the grievance is not settled resolved at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Labor Relations Division within 42 calendar fifteen (15) days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered 4 notice or as droppedotherwise mutually agreed to in writing, the Union shall notify the Department of Administrative Services that it desires arbitration of the grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A. For purposes of this Article, a "grievance" will be defined as an actual dispute arising as a result of the application or interpretation of one or more express terms of this Agreement; provided, however, that any matter arising under the purported exercise of management rights pursuant to that Article, or any matter reserved to the meaning, interpretation or alleged violation discretion of the District by the terms of this agreementAgreement, will not be subject to this grievance procedure nor construed as being grievable. B. The District and the Association understand that the grievance procedure is designed as a procedure for prompt resolution of disputes. Therefore, no grievance procedure may be commenced more than five (5) school days after the occurrence of the incident or when an employee claims that s/he has been unjustly dealt with event upon which the grievance is based. C. All grievances will be handled in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue accordance with the appropriate supervisor, grievance procedures set forth in this Article. No more than two representatives of the Association may accompany the employee in any meeting with a District representative concerning a grievance. All grievance meetings will be dealt with held during non-work hours unless in the following manner:written determination of the Superintendent it is necessary to hold such a meeting during work hours. Step 1 The aggrieved employee D. A grievance that affects or may affect more than one member of the Local Chairperson bargaining unit will be submitted as one grievance, in writing commencing at Level Two. A bargaining unit member with a grievance shall present the grievance in writing on the form in Appendix B to the appropriate Head SPED department chair or METCO director within five (5) school days from the day of the Department event upon which the grievance is based or the day either the grievant or the Association should first have reasonably known of the event upon which the grievance is based. The SPED department chair or METCO director shall meet with the grievant within 28 calendar fourteen (14) school days following of receiving the cause of grievance in an attempt to resolve the grievance. Such Head of Department The immediate supervisor will render a decision in writing give his/her written answer within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.fourteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the meaninginterpretation, interpretation application, administration or alleged violation of the terms Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of this agreementright in advance. Failing settlement within the five days, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate it shall then be taken up as a grievance within five days following his immediate supervisor, may be dealt with 's decision in the following mannermanner and sequence: Step 1 The aggrieved employee shall submit the grievance, in writing, 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: 2Step Within five days following the decision under Step 1 the employee, accompanied by ,a union ▇▇▇▇▇▇▇, or the Local Chairperson union ▇▇▇▇▇▇▇ shall present submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. Within five days following the decision in ‘the immediately preceding step, the grievance shall be submitted in writing to the appropriate Head Chief Executive Officer of the Department Hospital or the designated Hospital representative. A meeting will then be held between the Chief Executive Officer or the designated Hospital representative and the designated representatives who may be accompanied by the general representative of the Union, within 28 calendar 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 cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not receivedmeeting. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Full-Time and Part-Time Insert the following standard language. Where the collective agreement provides otherwise and the parties cannot agree to the meaningstandard language, interpretation the existing provision will be maintained as non-standard language. Any non-standard provisions related to Grievance and Arbitration shall be continued under Article except as amended below. For the purpose of this Agreement, a grievance or 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 relating to the interpretation, application, administration or alleged violation of the terms Agreement. The grievance shall identify the nature of this agreementthe grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or when at any stage of the grievance procedure, an employee claims shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that s/complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has been unjustly dealt first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with in respect thereof and s/he is unable his immediate supervisor within five (5) days after the circumstances giving rise to obtain satisfactory explanationit have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, after having discussed the issue with the appropriate supervisor, may it shall then be dealt with taken up as a grievance within five (5) days following his immediate decision in the following manner: Step 1 manner and sequence: The aggrieved employee or shall submit the Local Chairperson shall present grievance, in writing, and signed by him, to (designated by Hospital). The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the 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 appropriate Head (designated by Hospital). A meeting will then be held between the (designated by Hospital) and the designated union representatives who may be accompanied by the general representative of the Department Union, within 28 calendar five (5) days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt submission of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be unless extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing agreement of the step one grievance will be considered as dropped.parties. STANDARD a

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A. All disputes, controversies or grievances between the parties arising out of this Agreement, or the interpretation of any of its provisions shall be resolved solely through this grievance procedure. The first 3 steps of this procedure shall apply to the meaningall bargaining unit employees. Step 4, interpretation or alleged violation binding arbitration, shall only apply to employees of the terms bargaining unit who actually work at least 120 hours in the first 6 months of employment between October 1 and September 30 of the first year of employment. After the first year of employment, Step 4, binding arbitration will apply to all employees who actually worked at least 100 hours in the previous year (October 1 through September 30). The parties agree to provide each other with all information requested that is useful in resolving grievances under the grievance procedure. STEP 1 The Union representative or affected employee and the designated Employer representative may attempt to adjust informally all disputes between the parties. Such informal discussions shall not, however, affect the time frame to process grievances/arbitrations under this agreementAgreement. Upon failure of settlement or adjustment under Step 1 above, or when an employee claims that s/he has been unjustly dealt with a grievance must be filed in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue writing with the appropriate supervisorEmployer’s Vice President of Operations by the Union Representative on behalf of the grievant within twenty-five (25) calendar days from the date the grievant initiated the grievance, may be dealt with in the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present knew of the grievance in writing to the appropriate Head or should have known of the Department within 28 calendar days following the cause existence of the grievance. Such Head of Department will render a decision in writing The Vice President shall reply to the grievance within 28 fourteen (14) calendar days following from the receipt by the Vice President of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step STEP 3 If the grievance is not settled resolved through Step 2, the Employer’s Vice President of Operations and the Union Representative shall meet and discuss the grievance within fifteen (15) calendar days of the Vice President’s reply at Step 2, it may then be referred by either party to . In the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with event the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by resolved as a result of such meeting and discussion, the Union Employer shall respond within fifteen (15) calendar days. If the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limitsgrievance is not resolved at Step 3, the grievance may be progressed referred to arbitration, provided that the Union has notified the Employer that it intends to arbitrate the disputed grievance within thirty (30) calendar days of the Employer’s denial of the grievance at Step 3. If the Employer and the Union are unable to agree to an arbitrator, selection of the arbitrator shall be made pursuant to the rules and regulations of the New Jersey State Board of Mediation. The grievance shall be submitted in writing to the arbitrator finally selected in the foregoing manner. The decision of the arbitrator shall be final and binding on the Employer, the Union and the affected employee(s). The arbitrator shall not have the power or authority to alter, amend, change, delete, or add to this Agreement. Any fees and expenses of the arbitration shall be borne equally between the Employer and the Union. B. Any grievance not timely presented or timely processed by the Union as described above shall be deemed waived and may not be presented by the Union thereafter. If the Employer does not respond to a grievance within the periods set forth above, and the Union wishes to pursue the grievance, the Union shall advance the grievance to the next step within as provided herein, without prejudice to the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paidEmployer. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended parties may, by mutual agreement, accelerate or extend the time periods for each step set forth herein. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to 23.01 The term grievance is defined as a difference between the meaningparties respecting the interpretation, interpretation application, operation or alleged violation of a provision of the terms 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 agreementAgreement. (a) All grievances shall be discussed with the Executive Director or designate (who shall be outside the bargaining unit) in the presence of the Shop ▇▇▇▇▇▇▇ within twenty-eight (28) calendar days of the occurrence of the difference, or within twenty-eight (28) calendar days of when the employee first became aware of the 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 collective agreement and proposed resolution. The 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 employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationunfilled vacancy, after having discussed illness or injury, two (2) of the issue following BCNU positions: President Executive Director or designate Director as well as any other required Employer representative will meet with the appropriate supervisor, may be dealt with in CEP Local 444 grievance committee and the following manner: Step 1 The aggrieved employee CEP Regional Vice President or the Local Chairperson shall present designate to hear the grievance within fourteen (14) calendar days of receipt of the notice. The Executive Director or designate will reply in writing to the appropriate Head CEP Regional Vice President or designate within seven (7) calendar days of the Department within 28 calendar days following the cause meeting. Copies of the grievancereply will also be sent to the grievance committee representatives and the local president. Such Head 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 Department will render a decision 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 28 twenty-eight (28) calendar days following receipt of the written grievance. During that period occurrence of timethe difference, a meeting may take place between the grievor, the local representative and the Department Head or within twenty-eight (or representative28) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of when the grieving party first became aware of the decision rendered in Step 1difference. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by resolved satisfactorily, in accordance with Step 2 above, either party may within forty-five (45) calendar days of receipt of such response refer the Union within the prescribed time limitsmatter to a single arbitrator, it who shall be considered as dropped. When selected from the appropriate officer following list. (a) ▇▇▇▇ ▇▇▇▇▇▇ (b) ▇▇▇▇ ▇▇▇▇▇▇ (c) ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ (d) ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (e) ▇▇▇▇ ▇▇▇▇▇▇ (f) ▇▇▇ ▇▇▇▇▇▇▇▇ Should the parties fail to select an arbitrator from the above list within seven (7) calendar days of the Company fails grievance being referred to render arbitration then each party within a decision within further three (3) calendar days will select a name from the prescribed time limits, list of arbitrators and the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim final name will be paid. The application of this rule shall not constitute an interpretation of selected by chance between the collective agreementparties. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to the meaningGrievances arising out of matters covered by this Agreement, interpretation or alleged violation disputes on conditions of the terms of this agreementemployment, or when an employee claims and complaints that s/he disciplinary action has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationtaken for other than just cause, after having discussed the issue with the appropriate supervisor, may will be dealt with processed in the following manner: Step 1 The aggrieved Section 1. An employee or the Local Chairperson shall present 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, the 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, he may, within five (5) working days, put his grievance in writing and submit it to the Chief or his designee. The Chief or his designee will render his decision in writing within five (5) working days. This shall be Step 2 in the grievance procedure. In any grievance involving the payment of wages or other economic benefits pursuant to this Agreement, the Finance Director shall be substituted for the Chief at Step 2 of the grievance procedure. Section 3. If the employee or the Union is not satisfied with the decision of the Chief or the Finance Director, he may appeal in writing to the appropriate Head of the Department Town Manager (Personnel Director) within 28 calendar days following the cause of the grievancefive (5) working days. Such Head of Department will The Town Manager shall render a his decision in writing within 28 calendar days following receipt twelve (12) working days. This shall be Step 3 in the grievance process. Section 4. If the decision of the written grievanceTown Manager is not satisfactory to the Union, it may appeal to the State Board of Mediation and Arbitration within ten (10) working days. During that period The decision of timethe Arbitration Board shall be final and binding on both parties of this Agreement. Arbitration shall be conducted by the State Board of Mediation and Arbitration in accordance with its rules and procedures. The arbitrators shall be confined in their decision to the meaning and interpretation or the application of the specific provisions of this Agreement. There shall be no power to add to, a meeting may take place between the grievorsubtract from, the local representative and the Department Head (or representative) to discuss the grievancemodify this Agreement. Step 2 Section 5. If the grievance is does not settled at Step 1involve the immediate supervisor, the President he may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated be passed by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If with the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance first taken up with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted Chief in writing. 28.7 Prior to adjudication Section 6. Grievance should be initiated by the complainant or final disposition the Union within fifteen (15) working days of a 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 there shall be neither 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 shut-down pay status if on duty when processing a grievance, arbitration, or acting as a witness. Section 10. The cost of arbitration shall be borne equally by the Company nor a work stoppage by Employer and the Section 11. Upon mutual agreement, the employees. 28.8 Grievances not docketed for arbitration by either party within two years from parties shall utilize the date of filing expedited procedures of the step one grievance will be considered as droppedConnecticut State Board of Mediation and Arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect A. Any employee under this Agreement, except employees with less than nine (9) months of employment, shall have the right to challenge the existence of good and sufficient cause of discharge or discipline, including written reprimand, suspension with or without pay, or demotion, by filing a grievance at step two (2) and proceeding to step three (3), if necessary, with Association approval. Discipline shall not be imposed for misconduct occurring more than eighteen (18) months prior to the meaning, interpretation or alleged violation date of discipline unless the Town was not aware of the terms misconduct and then the applicable time shall be 18 months from the date the Town learns of this agreementthe misconduct. B. When the Employer seeks the imposition of a written reprimand, suspension without pay, loss of accrued leave credits, or when an discharge, notice of such discharge or discipline shall be made in writing with copies provided to the employee claims that s/he and the CSEA Labor Relations Specialist. Disciplinary and discharge notices will be provided in person to the affected employee, if possible, and to the CSEA Specialist via email and regular mail. The notice of such discipline shall contain the basis for STEP 1 Any employee who believes (s)he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed a justifiable grievance shall discuss the issue matter with the appropriate supervisorDepartment Head, may be dealt with or without an Association Representative present, in an attempt to settle the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present same within five (5) working days after the grievance in writing occurs. Within five (5) working days after the oral presentation of the problem, the Department Head shall communicate on a written basis his/her decision to the appropriate Head employee and the Association Representative, if any. STEP 2 If the employee is not satisfied with the decision of the Department Head, (s)he and/or the Association Representative may, within 28 calendar five (5) working days following thereafter, request a review and determination of the cause grievance by the Town Supervisor or authorized designee. The grievance shall be in writing and contain statements relating to the nature of the grievance. Such Head of Department will render Within five (5) working days after receiving the request for a decision step two (2) hearing, the Town Supervisor shall convene a meeting for the aggrieved employee and the Association Representative(s). Thereafter, the Town Supervisor shall answer in writing within 28 calendar five (5) working days following receipt after the meeting, the decision for the resolution of the written grievance. During All time limits contained in this Article may be extended by mutual agreement between both parties. Extensions shall be confirmed in writing by the party requesting them. In the event that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If the grievance is not settled adjusted at Step 1the conclusion of step two (2), the President grievance, through the Civil Service Employees Association, may appeal request in writing the decision in writing, giving appointment of an arbitrator from PERB and/or the reasons for the appeal, to the highest officer designated by the Company to handle grievances, American Arbitration Association within 42 calendar thirty (30) working days following after receipt of the decision rendered in Step 1at the conclusion of step two (2). Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt The expense of the appeal. Step 3 If arbitration will be shared equally between the grievance is not settled at Step 2, it may then Town and Association. The decision of the arbitrator will be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage upon both parties of work in accordance with the rules and procedures of that OfficeAgreement. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt arbitrator shall have no power to add, to subtract from, or modify any of the decision conditions or provisions of the Agreement, however, in Step 2the event a dispute arises as the issues to be determined in the arbitration, or said arbitrator is hereby empowered to not only resolve the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of paydispute, rules or working conditions, modifications in or additions but to determine the terms issues to be decided. Use of this agreement, are specifically excluded from grievance and arbitration procedure is the jurisdiction of the Canadian Railway Office of Arbitrationexclusive procedure to challenge any discharge or discipline as defined above. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 8.1 No employee will be discharged or otherwise disciplined without just cause. No employee shall be discriminated against, harassed, terminated or otherwise disciplined for union activity within the meaning of Section 7 of the National Labor Relations Act. 8.2 All disciplinary actions will be issued to employees within five (5) working days of the incident-giving rise to the meaningdiscipline. Working days shall be defined as Monday – Friday excluding weekends and contractual holidays, interpretation or alleged violation except for holidays and weekend days that the employee is working. If an employee is not working during the five (5) working days, the discipline can be issued on the employee’s first day back at work. A copy of the terms discipline shall be given to the employee at the time of the discipline. On a monthly basis, the Employer shall supply the Union with copies of all disciplinary actions. All disciplinary warning slips shall be removed from the employee’s file one (1) year after they are written. 8.3 Arbitration hearings shall be conducted with or without stenographic transcriptions or pre-trial or post-trial briefs, each party to determine whether it chooses to order such transcript or file such brief(s). The arbitrator shall issue his/her written decision as soon after the close of the hearing and in no case later than 30 days from the close of the hearing. In any event, exceeding the 30 day requirement will not service to offset a “make whole” remedy. 8.4 It is agreed that in the event of an alleged grievance or misunderstanding arising out of and during the term of this agreementAgreement, the following procedures shall be followed: Step 1. The grievant, shop ▇▇▇▇▇▇▇ or when an employee claims that s/he has been unjustly dealt with committee person shall notify the supervisor in respect thereof and s/he is unable writing of the grievance or complaint within fourteen (14) calendar days of the event giving rise to obtain satisfactory explanation, after having discussed the issue grievance. Such written notice shall be on a form agreed upon by the parties. The Company shall meet with the appropriate supervisor, may be dealt with in grievant and shop ▇▇▇▇▇▇▇ or committee person within ten (10) calendar days of such notification after receiving the following manner: Step 1 grievance. The aggrieved employee or the Local Chairperson Company shall present the grievance respond in writing to the appropriate Head grievance within ten (10) calendar days of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancefirst step meeting. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to 23.01 The term grievance is defined as a difference between the meaningparties respecting the interpretation, interpretation application, operation or alleged violation of a provision of the terms 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 agreementAgreement. (a) All grievances shall be discussed with the Chief Operating Officer or designate (who shall be outside the bargaining unit) in the presence of the Shop ▇▇▇▇▇▇▇ within twenty-eight (28) calendar days of the occurrence of the difference, or within twenty-eight (28) calendar days of when the employee first became aware of the 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 collective agreement and proposed resolution. The grievance will be submitted to the Chief Operating Officer 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 employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationunfilled vacancy, after having discussed illness or injury, two (2) of the issue following BCNU positions: Chief Operating Officer or designate Director or designate Manager or designate as well as any other required Employer representative will meet with the appropriate supervisor, may be dealt with in USW 2009 grievance committee and the following manner: Step 1 The aggrieved employee USW 2009 Local Union Representative or the Local Chairperson shall present designate to hear the grievance within fourteen (14) calendar days of receipt of the notice. The Chief Operating Officer or designate will reply in writing to the appropriate Head USW 2009 Local Union Representative or designate within seven (7) calendar days of the Department within 28 calendar days following the cause meeting. Copies of the grievancereply will also be sent to the grievance committee representatives and the Unit Chair. Such Head 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 Department will render a decision 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 28 twenty-eight (28) calendar days following receipt of the written grievance. During that period occurrence of timethe difference, a meeting may take place between the grievor, the local representative and the Department Head or within twenty-eight (or representative28) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of when the grieving party first became aware of the decision rendered in Step 1difference. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by resolved satisfactorily, in accordance with Step 2 above, either party may within forty-five (45) calendar days of receipt of such response refer the Union within the prescribed time limitsmatter to a single arbitrator, it who shall be considered as dropped. When selected from the appropriate officer following list. (a) ▇▇▇▇▇▇ ▇▇▇▇ (b) ▇▇▇▇ ▇▇▇▇▇▇ (c) ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ (d) ▇▇▇▇▇ ▇▇▇▇▇▇▇ (e) ▇▇▇▇ ▇▇▇▇▇▇ (f) ▇▇▇ ▇▇▇▇▇▇▇▇ (g) ▇▇▇▇ ▇▇▇▇ (h) ▇▇▇▇▇▇ ▇▇▇▇▇▇ Should the parties fail to select an arbitrator from the above list within seven (7) calendar days of the Company fails grievance being referred to render arbitration then each party within a decision within further three (3) calendar days will select a name from the prescribed time limits, list of arbitrators and the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim final name will be paid. The application of this rule shall not constitute an interpretation of selected by chance between the collective agreementparties. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to A. A grievance is defined as any dispute involving the meaninginterpretation, interpretation application, or alleged violation of the terms a provision of this agreement, Agreement. A grievance or when an employee claims dispute that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may arise shall be dealt with settled in the following manner: Step 1 The 1: Within 14 calendar days after its occurrence, the aggrieved employee party shall discuss the complaint with the immediate supervisor. Within 7 additional calendar days the supervisor or the Local Chairperson shall present the grievance in writing department head will reply to the appropriate Head of the Department within 28 calendar days following the cause of the grievancecomplaint. Such Head of Department will render The employee may have a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceUnion Representative present. Step 2 2: If the grievance is not settled satisfactorily at Step 1, the President may appeal grievance shall, within 7 additional calendar days, be submitted in writing through the decision in writing, giving the reasons for the appeal, Union to the highest officer Director of Labor Relations and Human Resources. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the relief requested. Within 7 additional calendar days of the receipt of the written grievance, the Director of Labor Relations and Human Resources shall contact the Business Representative or anyone so designated by the Company Union to handle grievances, within 42 calendar days following receipt of schedule a meeting to discuss the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealgrievance or misunderstanding. Step 3 If 3: Should the Business Representative and the Director of Labor Relations and Human Resources be unable to resolve the grievance is not settled at Step 2or misunderstanding within 7 additional calendar days after their meeting to discuss the grievance or misunderstanding, it and if the grievance or misunderstanding involves an interpretation of this Agreement, either the Union or the District may then be referred by either party submit the grievance or misunderstanding to arbitration pursuant to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. established below. B. The party requesting desiring arbitration must notify shall give to the other party in writing within 42 written notice that the matter is to be submitted to arbitration and shall specify the grievance to be arbitrated. Within 7 additional calendar days following receipt thereafter, the other party shall give in like manner written notice specifying their reply. Upon submission of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions a grievance to arbitration under the terms of this agreementsection, are specifically excluded the parties shall, within 7 calendar days after the request to arbitrate, attempt to agree upon an arbitrator. If no agreement on an arbitrator is reached after 7 calendar days, either party may request the Federal Mediation and Conciliation Service to submit a list of 5 names. Within 7 calendar days of receipt of the list, the parties shall select an arbitrator by striking 2 names from the jurisdiction list in alternate order, and the name remaining shall be the arbitrator. The Union and/or District shall not be permitted to assert in such arbitration proceeding any group or to rely on any evidence not shared with the other party. The arbitrator shall be empowered to make compensatory awards but shall not be empowered to add to, subtract from, and otherwise modify the terms and conditions of this Agreement. The expense of the Canadian Railway Office of Arbitrationarbitration shall be borne equally by the parties. 28.3 When a grievance is not progressed by C. All decisions of the arbitrator made within the scope of the submission and within the authority of the arbitrator as defined in this Article shall be final and binding on the District and the Union. D. If the employee or the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within timely file or submit the prescribed time limitsgrievance to the next step, the grievance is forever waived and/or the grievance is deemed settled. If the District fails to timely respond to a grievance, the grievance is deemed denied and the employee may be progressed file the grievance at the next step. The parties may, by written agreement, change any time limit or steps in the procedure. E. In the event one of the parties to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When arbitration wants a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer transcript of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limitsarbitration proceedings, the claim party requesting the transcript shall pay all costs of such transcript. If both parties want a transcript, they will be paid. The application of this rule shall not constitute an interpretation of the collective agreementshare all costs equally. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Grievances are defined as acts, omissions, applications of interpretations alleged to the meaning, interpretation or alleged violation be violations of the terms and conditions of this agreementAgreement. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, or when an the employee claims that s/he may avail themselves of the following procedure. A grievance shall not be expanded upon after the grievance has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue filed with the appropriate supervisordesignated appointing authority. a. Disputes arising from reduction in pay, may be dealt with in the following manner: Step 1 The aggrieved employee dismissal, suspension or the Local Chairperson shall present demotion other than initial trial service employees are subject to the grievance in writing and arbitration procedure pursuant to the appropriate Head expedited procedures described in Article 50 - Discipline and Discharge. b. Appeal of the Department within 28 calendar days following the cause a written reprimand and any other form of the grievancediscipline other than dismissal, reduction, suspension and demotion appeals. Such Head Appeal of Department will render a decision written reprimand, refusal/withholding of merit step increase and any other form of discipline other than dismissal, reduction, suspension and demotion shall be in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceaccordance with this article. Step 2 1. Employee, with or without union representation will contact their immediate supervisor to meet and discuss alleged contract violations prior to filing a written grievance at step 2. Step 2. If the issue is unresolved, the Union will submit a written grievance containing the date of occurrence, the act or omission that created the grievance, the section violated, and the remedy desired within thirty (30) days of the alleged occurrence. Where the issue is not settled at Step step 1, the President may appeal Union shall submit the decision in writing, giving the reasons for the appeal, grievance to the highest officer designated by appointing authority within thirty (30) days of the Company to handle grievances, alleged occurrence. The designated appointing authority’s response shall be due in writing within 42 thirty (30) calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 3. If the grievance is not settled at Step 2resolved by the Agency, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must Union shall notify the other party in writing Labor Relations Division of the Department of Administrative Services within 42 fifteen (15) calendar days following of receipt of the decision designated appointing authority’s response that such response is not acceptable. A meeting will be held between the parties to mutually share information about the grievance. The parties shall fully disclose their respective positions and all supporting evidence. All potential resolutions shall be discussed in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions this meeting and shall be non-prejudicial to the terms of this agreement, are specifically excluded from the jurisdiction parties if arbitrations occurs. The meeting shall occur within fifteen (15) days of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsUnion's notice, it shall be considered as dropped. When the appropriate officer of the Company fails unless otherwise agreed to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a Step 4. If the grievance there shall be neither a shut-down by is not resolved at the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party Labor Relations Division within two years from the date of filing fifteen (15) days of the step one grievance will be considered 4 notice or as droppedotherwise mutually agreed to in writing, the Union shall notify the Department of Administrative Services that it desires arbitration of the grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to Section 4.1 A grievance is a claim or dispute based upon the meaning, interpretation or alleged violation application of the terms any provision of this agreement, agreement or when an employee claims that s/he has been unjustly dealt with amendments hereto executed in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue accordance with the appropriate supervisorprovisions of Article 30, may (Stability of Agreement) Section 4.2 A grievance shall be dealt with processed in the following manner: Step 1 1. The Union Stewards and/or representatives, not to exceed two, with or without the aggrieved employee member, or the Local Chairperson member themselves, shall present take up the grievance orally with the member’s immediate supervisor, (the Shift Commanders, or in the case of Deputy Chiefs, Step 1 will be with the Chief). Both parties agree that every possible effort will be made to settle grievances at this step. Step 2. If the grievance is not resolved at Step 1., it shall be reduced to writing and presented to the Fire Chief or Acting Chief of the Fire Department within fourteen (14) calendar days after the occurrence of the incident on which the grievance is based or when the member first knew or should have known of the incident upon which the grievance is based. The Chief or Acting Chief may hold any hearings he feels are necessary and shall respond to the Union Stewards and/or representatives and aggrieved party in writing within seven (7) calendar days after presentation. Step 3. If the grievance still remains unresolved, the member or their designated representative may appeal the grievance in writing to the appropriate Head Town Manager or his designee within seven (7) calendar days after the response of the Department within 28 calendar days following the cause Chief or Acting Chief of the grievancedepartment is due setting forth in detail the specific reasons for the appeal and the specific section of the contract which remained unresolved or in violation. Such Head of Department will render a decision The Town Manager or his designee shall respond in writing within 28 seven (7) calendar days following receipt of days. If the written grievance. During that period of time, a meeting may take place between Town Manager or his designee is absent for any reason within the grievor, the local representative and the Department Head said seven (or representative7) to discuss the grievance.calendar Step 2 4. If the grievance is not settled at Step 1remains unresolved, the President may appeal Union, and only the decision in writingUnion, giving shall, within fifteen (15) calendar days, after the reasons for Step 3 answer or date on which said answer is due, have the appealright to submit the matter to arbitration. Submission to arbitration shall be accomplished by mailing the grievance, postage prepaid, to the highest officer designated Town Manager demanding arbitration. Section 4.3 Notwithstanding any contrary provision of this Agreement, the following matters shall not be subject to the arbitration provisions of this Agreement: a. Any matter of policy or management rights reserved to the Town by this Agreement. b. Any matter that is outside the express terms of this Agreement. Any member or group of members may process disputes other than grievances as defined herein up to and including Step 3 of this grievance procedure. c. Any matter involving the discipline or discharge of a probationary member. The probationary period for members hired after the execution of this Agreement shall commence on date of initial employment. Midway through the probationary period, the Chief, after consulting with an member’s superior officers, will inform a probationary member as to the likelihood of successful completion of the probationary period and point out any areas of needed improvement. This conference procedure and substantive judgments expressed therein shall not be subject to the grievance and arbitration provisions of this agreement. Said mid- probation evaluation shall not preclude more frequent evaluations of members during the probationary period. d. Failure of the employer to request a renewal or extension of a provisional appointment. e. Appointment by the Company to handle grievances, within 42 calendar days following receipt employer of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work permanent employee in accordance with the Civil Service laws, rules and procedures of that Office. The party requesting arbitration must notify regulations shall not be deemed discipline or discharge hereunder. f. Any matter involving the other party in writing within 42 calendar days following receipt of the decision in Step 2suspension, dismissal, removal, or termination of any member who has completed his probationary period unless the due date of such decision if not receivedmember and the Union elect arbitration as the exclusive remedy pursuant to General Laws, Chapter 150E, Section 8. 28.2 Disputes arising out g. Where an election is made in favor of proposed changes in rates of payarbitration, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitrationa just cause standard will apply. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect PROCEDURE SECTION 1 - The purpose of this Article is to provide an orderly method for the settlement of any dispute between the parties over the interpretation, application or claimed violation of any specific provision of the Agreement. Such a dispute shall be defined as a Grievance, which gave rise to the meaningfollowing steps, interpretation or time limits and conditions herein set forth. All time limits start from the date of the occurrence. (occurrence is defined as the time when the alleged violation first became known to the employee) In the event the Employer fails to give a written response to the grievance within the time limits specified, the grievance may be automatically processed to the next step up to and including arbitration. In the event the Union or employee fails to process a grievance in a timely manner or fails to observe the time limits or procedural requirements specified herein, the grievance shall be deemed to have been dropped by the Union or employee and may not be resubmitted. SECTION 2 - The settlement of a grievance in any case shall not be made retroactive for a period exceeding sixteen (16) working days prior to the terms date the grievance was first presented in writing. SECTION 3 - First step grievances will be processed during working time. Employee Union representatives who may process first step grievances, or be involved in the resolution of first step grievances, in accordance with this Article will be paid for their involvement. For the purposes of this agreementsection, or when an employee claims that s/he has been unjustly dealt with in respect thereof if a grievor is working a shift other than 5 days, 8 hours per day, 7 calendar days will be substituted for 5 work days, 14 calendar days for 10 work days, and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following manner:21 calendar days for 16 work days Step 1 - The aggrieved employee or Employees shall first initiate a discussion with his immediate Team Leader. The Employee will provide any documentation needed and complete the Local Chairperson shall present the grievance in writing to the appropriate Head comment section of the Department within 28 calendar days following fact sheet. If the cause of dispute is not settled during this discussion the grievance. Such Head of Department Employee will render a decision in writing within 28 calendar days following receipt of either meet with his ▇▇▇▇▇▇▇ or have his immediate Team Leader meet with the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) ▇▇▇▇▇▇▇ to discuss the grievanceissue or concern. All time frames in this process start with this first meeting between the Employee and the Team Leader. The Union Executive or their designate will file policy Grievances at Step 2. Step 2 - If at the grievance end of (7) seven calendar days, the dispute is not settled at Step 1one, the President may appeal Employee and the decision ▇▇▇▇▇▇▇ will submit in writing, giving writing a grievance that clearly defines the reasons for problem. A copy of the appeal, grievance will be given to the highest officer designated Production Manager / Human Resources Manager and two copies to the Chief ▇▇▇▇▇▇▇ along with the Union Fact Sheet. A written answer will be submitted to the Chief ▇▇▇▇▇▇▇ within (14) calendar days and a joint grievance meeting will be scheduled by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealHuman Resources Manager. Step 3 - If at the grievance end of fourteen (14) calendar days, the dispute is not settled at Step 2, it the Human Resources Manager will set up a joint grievance meeting in hopes of resolving the dispute. The Employee, Union Grievance Committee, the Union Business Representative, Team Leader, ▇▇▇▇▇▇▇, Department Manager and the Human Resources Manager may then be referred by either party attend this meeting. If the dispute is not settled as a result of this meeting, the Human Resources Manager will respond in writing to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Chief ▇▇▇▇▇▇▇ within 42 fourteen (14) calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one 3 meeting. After receiving the Human Resources Manager’s response, either party may within thirty (30) calendar days submit the grievance will be considered as droppedto mediation or arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect 20.1 The Hospital and the Association pledge their active, aggressive, and continuing efforts to secure prompt disposition of grievances and agree that most disputes can be solved through oral discussion. 20.2 In the event of any controversy concerning the meaning, interpretation application or alleged violation of the terms any provision of this agreementAgreement not expressly excluded from grievance and arbitration procedures, or when an employee claims that s/he has been unjustly dealt with in respect thereof such controversy shall be treated as a grievance and s/he is unable to obtain satisfactory explanationshall be settled, after having discussed the issue with the appropriate supervisorif at all possible, may be dealt with in by the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievanceprocedure. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representativematter(s) to discuss the grievance. Step 2 If the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then shall be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work exclusively resolved in accordance with the rules procedure 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 Hospital and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt Association agree to follow each of the decision grievance steps that follow and if, in Step 2any steps, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions Hospital’s representative fails to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union give written answer within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limitslimits herein set forth, the grievance may shall automatically be progressed transferred to the next step at the expiration of such time limit. Any grievance not moved by the aggrieved Registered Nurse to the next step within the prescribed time limits based on provided following the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance Hospital’s response will be considered as droppedresolved 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 appropriate designed representative of the Hospital within fifteen (15) business days of the suspension or discharge. By mutual agreement, certain steps may be 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 Hospital 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. 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

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect ‌ A. A grievance is defined as a dispute concerning the interpretation or application of any provision of this Agreement. In the event a bargaining unit employee, group of bargaining unit employees, or the Guild has a grievance, it shall be adjusted according to the meaning, interpretation or alleged violation of the terms procedure below. The purpose of this agreementprocedure is to secure, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may be dealt with in the following easiest and most efficient manner:, resolution of grievances. Step 1 The 1. A good faith effort shall be made to resolve any grievance between an aggrieved employee or group of employees and their immediate supervisor. An aggrieved employee may have a Union representative’s assistance with Step 1 upon request from the Local Chairperson employee. Any settlement or resolution reached at this step is not precedential. Step 2. If a settlement is not reached in Step 1, and the employee(s) wishes to initiate a formal grievance, it shall present be set forth in writing and include the following information: the nature of the grievance, the facts upon which it is based (including the date of the occurrence or event giving rise to the grievance), the section(s) of the Agreement allegedly violated, and the relief requested. The written grievance must be submitted to MinnPost’s Executive Director or the Executive Director’s designee no later than twenty-one (21) calendar days after the occurrence of the event giving rise to the grievance. Within fourteen (14) calendar days after receiving the written grievance, MinnPost and the Guild shall arrange a meeting to attempt to resolve the grievance. MinnPost shall give its written response to the grievance in writing to the appropriate Head of the Department designated Guild Representative within 28 fourteen (14) calendar days following the cause meeting. Failure by MinnPost to respond within the designated timeframe will be considered a denial of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievance. Step 2 3. If no satisfactory settlement of the grievance is not settled at Step 1, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled reached at Step 2, it either MinnPost or the Guild may then be referred by either party make a written request to participate in a nonbinding mediation of the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance grievance with the rules Federal Mediation and procedures of that Office. The party requesting arbitration must notify the other party in writing Conciliation Service within 42 fourteen (14) calendar days following receipt of after the decision Step 2 written answer is received or due. Participation in mediation under this Step 2, or 3 is voluntary and must be agreed to by both MinnPost and the due date of such decision if not received. 28.2 Disputes arising out of proposed changes Guild. If both parties agree to participate in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsmediation, it shall be considered as droppedconducted and completed before either party submits the grievance to arbitration. Step 4. When If mediation is unsuccessful in resolving the appropriate officer grievance, a request to participate in mediation is declined by one of the Company fails parties, or a timely request to render participate in mediation is not made by either party, the Guild may submit a decision written demand for arbitration within fifteen (15) calendar days following the prescribed conclusion of the mediation, a declined timely request to participate in mediation, or MinnPost’s response to the Step 2 meeting, whichever occurs latest. Any arbitration requested under this Step 4 will be administered by the Federal Mediation and Conciliation Service under its Labor Arbitration Rules. B. Within ten (10) calendar days after receipt of a written demand for arbitration, the parties shall confer to select an arbitrator. If the parties are unable to agree on one arbitrator, the party demanding arbitration may request a list of seven (7) prospective arbitrators from the Federal Mediation and Conciliation Service. Either party may request up to one (1) additional list if the first supplied list is unsatisfactory. Each party shall take turns striking one name from the list until one name remains, which identifies the selected arbitrator. The party demanding arbitration strikes first. The party demanding arbitration shall bear any initial filing fees. The fees and expenses of the selected arbitrator shall be shared equally by MinnPost and the Guild, however, neither party shall be obligated to pay any portion of the cost of a stenographic transcript without prior consent. Additionally, each party shall be responsible for the costs and expenses of its own representatives and witnesses. The Arbitrator shall not have authority or jurisdiction to base their award on any alleged practice or oral understandings not incorporated into this Agreement. The Arbitrator shall interpret this Agreement based on the intent of the parties and cannot add to, delete from, or modify this Agreement. The Arbitrator’s award shall be final and binding on MinnPost, the Guild, and the employees covered by this Agreement. C. MinnPost and the Guild may mutually agree in writing to extend any deadlines set forth in the grievance procedure above, for example, to allow for additional time limitsto investigate or negotiate a resolution to a grievance. Any request to extend a deadline must be made before the deadline has passed. Any agreement to extend a deadline shall not be precedential and shall not otherwise excuse strict compliance with the deadlines for other grievances. If the Guild does not make a timely request to move any grievance to the next step, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of deemed settled in accordance with MinnPost’s disposition in the collective agreementprior timely-requested step. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes 24.1 The following procedure will apply in respect the event that there is a complaint or a difference relating to the meaninginterpretation, interpretation application, administration or an alleged violation of the terms Agreement. Any complaint or difference should be discussed, and settled if possible, at the time of this agreementits occurrence by the CFM or its Local’s authorized representative and the authorized representative of the CBC. Step 1 – Any complaint or difference which cannot be settled as provided above must be put down in writing and filed through the CFM, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanationit’s Local of jurisdiction, after having discussed the issue with the appropriate supervisor, may be dealt with in CBC within thirty (30) business days after the following manner: Step 1 The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head knowledge of the Department within 28 calendar days following the cause of occurrence giving rise to the grievance. Such Head of Department will render To be considered a decision in writing within 28 calendar days following receipt grievance, the complaint or difference must indicate the Article(s) of the written grievance. During that period of timeAgreement allegedly violated, a meeting may take place between the grievor, the local representative misapplied or misinterpreted and the Department Head relief or remedy sought. The CBC will provide a written reply to the grievance within fifteen (or representative15) business days of its receipt. The CBC has the right to discuss file a written grievance with the grievance. CFM within thirty (30) business days at Step 2 of the grievance procedure. Step 2 – If the grievance is not considered settled at by both parties following the Step 11 reply, the President may appeal the decision in writing, giving the reasons for the appeal, to the highest officer designated by the Company to handle grievancesgrievance shall, within 42 calendar fifteen (15) business days following receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt date of the appeal. reply, be referred to a grievance meeting with a representative of the CBC and the CFM. Step 3 If - In the event that a grievance is not settled at Step 2to the satisfaction of both parties as a result of the grievance meeting or by immediate subsequent correspondence delivered not later than fourteen (14) calendar days after the meeting, it the matter may then be referred to arbitration by either party party. Notice of referral to arbitration shall be given within forty-five (45) calendar days following the grievance meeting. Such notice to be provided in writing to the Canadian Railway CBC and to the Office of the AFM VPC and copied to the Local. 24.2 Arbitration – Where the parties have referred to arbitration, the arbitrator selected shall be mutually acceptable. If agreement is not reached on the appointment of an arbitrator within fifteen (15) business days following the notice of referral, the process for the appointment of an arbitrator described in the Status of the Artist Act shall be followed. The arbitrator shall hear and determine the grievance and issue a decision, and the decision shall be final and binding settlement without stoppage of work in accordance upon the parties. The arbitrator is not authorized to make a decision inconsistent with the rules and procedures provisions of that Officethis Agreement, or to alter, modify, amend, add or delete any part of the Agreement. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt expenses of the decision in Step 2, or arbitrator shall be borne equally by the due date of such decision if not receivedCBC and the CFM. 28.2 Disputes arising out of proposed changes 24.3 Any step in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted , in writing, between the parties. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: General Production Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the meaninginterpretation, interpretation application, administration or alleged violation At the time formal discipline is imposed or at any stage of the terms of this agreement, or when grievance procedure an employee claims shall have the right, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such or discharge in writing, within three days. It is the mutual desire of the parties hereto that s/complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has been unjustly dealt first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with in respect thereof and s/he is unable his immediate super- visor within five days after the circumstances giving rise to obtain satisfactory explanationit have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, after having discussed the issue with the appropriate it shall then be taken up as a grievance within five days following his immediate supervisor, may be dealt with 's decision in the following manner: Step 1 manner and sequence: The aggrieved employee or the Local Chairperson shall present the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of submit the grievance, in writing, and signed by him, to his immediate supervisor. Such Head of Department The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will render a deliver his decision in writing within 28 calendar five days following receipt of the day on which the written grievancegrievance was presented to him. During that period of timeFailing settlement, then: Within five days following the decision under Step 1 the employee, accompanied by a meeting may take place between union ▇▇▇▇▇▇▇, or the grievorunion ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the local representative and the Department Head (or representative) to discuss the grievance. Step 2 If day on which the grievance is not settled at Step 1, the President may appeal was presented to him. Within five days following the decision in writingthe immediately preceding step, giving the reasons for grievance shall be submitted in writing the appeal, to the highest officer designated by the Company to handle grievances, within 42 calendar days following receipt Chief Executive Office of the Hospital or the designated Hospital representative. The decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 If the grievance is not settled at Step 2, it may then Hospital shall be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party delivered in writing within 42 calendar ten days following receipt of the decision in Step 2, or the due date of such decision if not receivedmeeting. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered as dropped.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect to 16.1 A grievance is a dispute concerning the meaninginterpretation, interpretation application, or alleged violation of the express terms of this agreement, or when an employee claims that s/he has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue with the appropriate supervisor, may . 16.2 A grievance shall be dealt with processed in the following manner: Step 1 The aggrieved I. Grievances may be first presented by the employee and/or the Union representative to the officer designated by the Chief as in charge of the Employee's shift or such other officer designated and an ▇▇▇▇▇▇▇ effort shall be made within the Local Chairperson shall present next 48 hours to adjust the grievance in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievancean informal manner. Step 2 II. If the grievance is not settled at resolved in Step 1I, the President may appeal the decision in writing, giving the reasons for the appeal, grievance shall be reduced to writing and presented to the highest officer designated by Chief of Police or his designee within ten ( 10) days of the Company to handle grievancesoccurrence of the incident on which the grievance is based or when the employee first knew or should have known of the incident upon which the grievance is based. The Chief or his designee may meet with the Grievance Committee, within 42 calendar ten (10) days following receipt of from the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for time the decision, grievance is received by him to discuss and attempt to adjust the grievance; and he shall answer the grievance within 42 calendar seven (7) days following receipt of after the appealmeeting. Step 3 III. If the grievance is not settled at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within 42 calendar days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limitsstill remains unadjusted, it shall be considered as dropped. When presented to the appropriate officer Town Manager or his designee in writing within ten (10) days after the response of the Company fails Chief of the Department is due. The Town Manager or his designee shall meet within ten (10) days of receipt of the grievance with the Grievance Committee, not to render a exceed three (3) employees, and the grievant, if he so desires to attend. The Town Manager or his designee may bring such other person(s) as he desires to be present. The Town Manager or his designee shall notify the grievant and the Union of his decision in writing within ten (10) days of said meeting. Step IV. If the prescribed time limitsgrievance remains unresolved, the grievance may Union, and only the Union, shall within fifteen (15) days after the Step ill answer is received or the date on which said answer is due, whichever first occurs, have the right to submit the matter to arbitration. Submission to arbitration shall be progressed accomplished by mailing the grievance, postage prepaid, to the next step within American Arbitration Association or a mutually acceptable third party arbitrator with a copy to the prescribed time limits based on Town Manager. The arbitration shall be conducted pursuant to the last date such then existing rules of procedure of the American Arbitration Association. The costs of the arbitrator's services and any fees of the American Arbitration Association shall be shared equally by the parties. The decision was dueof the arbitrator shall be final and binding, subject to the provisions of General Laws, Chapter 150C, provided that the arbitrator shall not alter, amend, add to, or subtract from the provisions of this Agreement. Notwithstanding any contrary provisions of this Agreement, the following matters shall not be subject to the arbitration provisions of the Agreement: 1. Any matter that is outside the express terms of this Agreement or matters subject to Retirement Board Laws, Rules, or Regulations, except as otherwise provided in Article 28.4Item 3 below. 28.4 When 2. Any matter involving the discipline or discharge of a probationary employee. 3. Any matter involving the suspension, dismissal, removal, or termination of an employee who has completed his probationary period unless the employee and the Union elect arbitration as the exclusive remedy pursuant to General Laws, Chapter 150E, Section 8. 4. Any matter that concerns the Police Chiefs rights of assignment on matters of public safety as determined under Massachusetts appellate court decisions. 16.3 A grievance based on a claim for unpaid wages is not progressed shall be deemed waived unless submitted at each step by the Union aggrieved employee and/or his representative within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein provided herein. Time limits may be extended by mutual agreementagreement of the parties in writing. Saturdays, Sundays and holidays shall not be counted in any of the time periods specified in this Article. A group grievance concerning three (3) or more dispatchers may be submitted at Step II. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there 16.4 A dispatcher's probationary period shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years 6 consecutive calendar months from the date of filing of the step one grievance will be considered as droppedhire.

Appears in 1 contract

Sources: Public Safety Communicators Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to the meaning, interpretation or alleged violation be violations of the terms and conditions of this agreementAgreement. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, or when an the employee claims that s/he may avail themselves of the following procedure. A grievance shall not be expanded upon after the grievance has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue filed with the appropriate supervisorAgency Head. Section 2. Disputes arising from reduction in pay, may be dealt with in the following manner: Step 1 The aggrieved employee dismissal, suspension or the Local Chairperson shall present demotion other than initial trial service employees are subject to the grievance in writing and arbitration procedure pursuant to the appropriate Head expedited procedures described in Article 50, Discipline and Discharge. Appeal of the Department within 28 calendar days following the cause a written reprimand, refusal/withholding of the grievance. Such Head merit step increase and any other form of Department will render a decision discipline other than dismissal, reduction, suspension and demotion shall be in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceaccordance with this Article. Step 2 1. Employee, with or without Union representation will contact their immediate supervisor to meet and discuss alleged contract violations prior to filing a written grievance at Step 2. Step 2. If the issue is unresolved, the Union will submit a written grievance containing the date of occurrence, the act or omission that created the grievance, the Section violated, and the remedy desired within thirty (30) days of the alleged occurrence. Where the issue is not settled at Step 1, the President may appeal Union shall submit the decision in writing, giving the reasons for the appeal, grievance to the highest officer designated by appointing authority within thirty (30) days of the Company to handle grievances, alleged occurrence. The designated appointing authority’s response shall be due in writing within 42 twenty-one (21) calendar days following of receipt of the decision rendered in Step 1. Such officer will render a decision in writing, giving reasons for the decision, within 42 calendar days following receipt of the appealgrievance. Step 3 3. If the grievance is not settled resolved at Step 2, it the Union may then request review of the grievance by the DOC Assistant Administrator for Human Resources within fifteen (15) days after receiving the response from Step 2. A response from the Assistant Administrator or designee shall be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing given within 42 twenty-one (21) calendar days following receipt of the decision in Step 2Union’s appeal to step 3, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions unless otherwise agreed to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior Step 4. If the grievance is not resolved by the Agency, the Union shall notify the Labor Relations Unit of the Department of Administrative Services within fifteen (15) calendar days of receipt of the designated appointing authority’s response that such response is not acceptable. A meeting will be held between the parties to adjudication or final disposition of a grievance there mutually share information about the grievance. The parties shall fully disclose their respective positions and all supporting evidence. All potential resolutions shall be neither a shutdiscussed in this meeting and shall be non-down by prejudicial to the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party parties if arbitrations occur. The meeting shall occur within two years from the date of filing fifteen (15) days of the step one grievance will be considered as droppedUnion's notice, unless otherwise agreed to in writing.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. 28.1 Disputes in respect Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to the meaning, interpretation or alleged violation be violations of the terms and conditions of this agreementAgreement. Employees shall meet with the immediate supervisor informally. If such problems cannot be resolved, or when an the employee claims that s/he may avail themselves of the following procedure. A grievance shall not be expanded upon after the grievance has been unjustly dealt with in respect thereof and s/he is unable to obtain satisfactory explanation, after having discussed the issue filed with the appropriate supervisordesignated appointing authority. Section 2. Disputes arising from reduction in pay, may be dealt with in the following manner: Step 1 The aggrieved employee dismissal, suspension or the Local Chairperson shall present demotion other than initial trial service employees are subject to the grievance and arbitration procedure. Appeal of a written reprimand, refusal/withholding of merit step increase and any other form of discipline other than dismissal, reduction, suspension and demotion shall be in writing to the appropriate Head of the Department within 28 calendar days following the cause of the grievance. Such Head of Department will render a decision in writing within 28 calendar days following receipt of the written grievance. During that period of time, a meeting may take place between the grievor, the local representative and the Department Head (or representative) to discuss the grievanceaccordance with this article. Step 2 1. Employee, with or without union representation will contact their immediate supervisor to meet and discuss alleged contract violations prior to filing a written grievance at step 2. Step 2. If the issue is unresolved, the Union will submit a written grievance containing the date of occurrence, the act or omission that created the grievance, the section violated, and the remedy desired within Step 3. If the grievance is not settled at Step 1resolved by the Agency, the President may appeal Union shall notify the decision in writing, giving Labor Relations Division of the reasons for the appeal, to the highest officer designated by the Company to handle grievances, Department of Administrative Services within 42 fifteen (15) calendar days following of receipt of the decision rendered designated appointing authority’s response that such response is not acceptable. A meeting will be held between the parties to mutually share information about the grievance. The parties shall fully disclose their respective positions and all supporting evidence. All potential resolutions shall be discussed in Step 1this meeting and shall be non-prejudicial to the parties if arbitrations occur. Such officer will render a decision The meeting shall occur within fifteen (15) days of the Union's notice, unless otherwise agreed to in writing, giving reasons for the decision, within 42 calendar days following receipt of the appeal. Step 3 4. If the grievance is not settled resolved at Step 2, it may then be referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the rules and procedures of that Office. The party requesting arbitration must notify the other party in writing Labor Relations Division within 42 calendar fifteen (15) days following receipt of the decision in Step 2, or the due date of such decision if not received. 28.2 Disputes arising out of proposed changes in rates of pay, rules or working conditions, modifications in or additions to the terms of this agreement, are specifically excluded from the jurisdiction of the Canadian Railway Office of Arbitration. 28.3 When a grievance is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision within the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such decision was due, except as otherwise provided in Article 28.4. 28.4 When a grievance based on a claim for unpaid wages is not progressed by the Union within the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the collective agreement. 28.5 The time limits specified herein may be extended by mutual agreement. 28.6 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing. 28.7 Prior to adjudication or final disposition of a grievance there shall be neither a shut-down by the Company nor a work stoppage by the employees. 28.8 Grievances not docketed for arbitration by either party within two years from the date of filing of the step one grievance will be considered 4 notice or as droppedotherwise mutually agreed to in writing, the Union shall notify the Department of Administrative Services that it desires arbitration of the grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement