GRIEVANCE ARBITRATION Clause Samples

GRIEVANCE ARBITRATION. The City and the Municipal Workers strive to promote ethical, positive and cohesive labor/management relations and to maintain a professional interaction among all members of management, Union officials and employees. Therefore, the parties are highly encouraged to resolve grievances through discussions as defined herein. A grievance is an allegation by an employee(s), or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. Grievances must site the specific article(s) and sections that the City has allegedly violated in the agreement. The written grievance must also include the remedy sought to correct the alleged grievance. The grievance process is not to be used for matters unrelated to this Collective Bargaining Agreement (e.g. FMLA, ADA, etc.). Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with this Collective Bargaining Agreement, Human Resources Policies and Procedures, Administrative Regulations, or other City Policies. A failure of probation, consultations, and oral reprimands are not appealable through the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action greater than a written reprimand shall be initiated at step 2 of the grievance procedure. When a grievance arises, the following procedure shall be followed: Step 1. If there is an employee(s) who believes they have been aggrieved, he/she with the President or Vice President, or a ▇▇▇▇▇▇▇ shall first notify their immediate supervisor/manager of a potential grievance within ten (10) working days of the date the employee becomes aware of the incident precipitating the grievance. The employee should notify the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matter.

GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing and addressed to the other Party to this Agreement giving the name and address of a proposed sole arbitrator. Within ten (10) working days after receiving such notice, the other Party shall respond by agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s). Failing agreement within ten (10) working days or such time as may be agreed by the Parties, an appointment may be made by the Minister of Labour at the request of either Party. The single Arbitrator shall be bound by all clauses in this Article in the same manner as the Arbitration Board. Notwithstanding any of the foregoing, if either Party does not agree to the use of a sole arbitrator, the matter shall without seeking agreement of the other Party be heard and determined by a tri-partite board instead of a sole arbitrator. In such case, the Party wishing to submit the issue to a tri-partite board should indicate, in its notice of intent to arbitrate or in a response to the other Party’s intent to arbitrate, that the matter will be heard by a tri-partite Board of Arbitration. The Party wishing to submit the issue to a tri-partite board will at the same time provide the name and address of its nominee to the Arbitration Board. Within ten (10) working days after receiving such notice, the other Party shall respond by indicating the name and address of its nominee to the Arbitration Board. The two nominees so nominated shall, within ten (10) working days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairperson of the Arbitration Board. If they are unable to agree on such a Chairperson or nominee, then either Party may then request an appointment be made by the Minister of Labour. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the Parties hereto will bear the fee and expenses of the nominee appointed by it and the Parties will equally share the fees and expenses of the chairperson of the Arbitration Board. The arbitration award shall be bindi...

GRIEVANCE ARBITRATION. For the purpose of this Agreement, a grievance or plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or 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 plaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate super- visor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate decision in the following manner and sequence. The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. Failing settlement then: Within five (5) days following the decision under Step the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Chief Ex...

GRIEVANCE ARBITRATION. 12.01 Unless the parties otherwise agree, the provisions of Section 107 of the Trade Union Act shall apply.

GRIEVANCE ARBITRATION. 78.1 Within seven (7) days following receipt of notification pursuant to Article 75 or 76 that a grievance has been referred to an Arbitration Board, CLS will advise HSAA of its appointee to the Arbitration Board. The appointees will, within seven (7) days, endeavor to select a mutually acceptable chairman of the Arbitration Board. If they fail to agree, the Minister of Labour will be requested to appoint a Chairman, or a single Arbitrator, pursuant to the Act. 78.2 The Arbitration Board or the single Arbitrator will hold a hearing of the grievance to determine the difference and will render an award in writing as soon as possible after the hearing. The Chairman of the Arbitration Board will have authority to render an award with or without the concurrence of either of the other members. The award is final and binding upon the parties and upon any employee affected by it and is enforceable pursuant to the Act. 78.3 The award will be governed by the terms of this Collective Agreement and will not alter, amend or change the terms of this Collective Agreement; however, where a Board of Arbitration or an Arbitrator by way of an award, determines that an employee has been discharged or otherwise disciplined by an Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the Arbitration, the Arbitrator may substitute any penalty for the discharge or discipline that to her seems just and reasonable in all circumstances. 78.4 Each of the parties will bear the expense of its appointee to the Arbitration Board. The fees and expenses of the Chairman or single Arbitrator will be borne equally by the parties. 78.5 Any of the time limits herein contained in Arbitration proceedings may be extended if mutually agreed to in writing by the parties. EXPEDITED MEDIATION AND ARBITRATION 78.6 In the event of a grievance set out in the following list, either CLS or HSAA may refer the matter to expedited arbitration in accordance with the procedures set out below. 78.7 Issues subject to expedited arbitration are:

GRIEVANCE ARBITRATION. Within seven (7) days following receipt of notification pursuant to Article 46.02(d) or 46.03(c) that a grievance has been referred to an Arbitration Board, the Employer shall advise the Union of its appointee to the Arbitration Board. The appointees shall, within seven (7) days, endeavor to select a mutually acceptable chairman of the Arbitration Board. If they fail to agree, the Minister of Employment and Immigration shall be requested to appoint a Chairman, or a single arbitrator, pursuant to the Code.

GRIEVANCE ARBITRATION. No action taken by the University with respect to a management and/or academic right shall be subject to the grievance or arbitration procedure or collateral suit, unless the exercise thereof violates an express written provision of this Agreement.

GRIEVANCE ARBITRATION a. Final and binding arbitration may be initiated by serving upon the Chief of Police and City Labor Negotiator a notice in writing of an intent to proceed to final and binding arbitration within 30 days of receipt of the second step answer. Said notice shall identify the grievance and the employees involved. b. Unless the parties can, within seven (7) calendar days following the receipt of such written notice, agree upon the selection of an arbitrator, either party may in writing request the Wisconsin Employment Relations Commission to submit a list of five

GRIEVANCE ARBITRATION. The decision of the Joint Job Evaluation Committee and/or Referee is final and binding and not subject to the grievance procedure.