GRIEVANCE ARBITRATION PROCEDURE Clause Samples
The Grievance-Arbitration Procedure clause establishes a formal process for resolving disputes or complaints that arise between parties, typically in a labor or employment context. It outlines the steps that must be followed, such as filing a grievance, conducting meetings or hearings, and, if necessary, submitting the dispute to arbitration for a binding decision. This clause ensures that disagreements are addressed systematically and fairly, providing a clear path to resolution and helping to prevent prolonged conflicts or unilateral actions.
GRIEVANCE ARBITRATION PROCEDURE. 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.
8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative.
8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.
GRIEVANCE ARBITRATION PROCEDURE. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:)
8.01 Employees shall have the right, upon request, to the presence of a Union ▇▇▇▇▇▇▇ at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union, in writing, of such suspension or discharge.
8.02 For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement.
8.03 (1) It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence:
GRIEVANCE ARBITRATION PROCEDURE. The Grievance-Arbitration Procedure set forth in Sections 13.32 through 13.38 shall be applicable only to disputes arising under Division C of this article.
GRIEVANCE ARBITRATION PROCEDURE. The grievance-arbitration procedure set forth in Sections 16.10 through 16.20 shall apply to grievances concerning the validity or timeliness of service of notice of layoff, the order of layoff, or the identification of who is laid off under the order of layoff.
GRIEVANCE ARBITRATION PROCEDURE. The grievance-arbitration procedure set forth in Sections 17.13 through 17.23 shall apply to grievances concerning the validity or timeliness of service of notice of layoff/reduction-in-hours in lieu of layoff, the order of layoff/reduction-in-hours in lieu of layoff, or the identification of who is laid off/reduced-in-hours in lieu of layoff under the order of layoff/reduction-in-hours in lieu of layoff.
GRIEVANCE ARBITRATION PROCEDURE. If the Employer and the Union fail to reach agreement, as set out in Section 15.2 above, the matter shall be referred to Step 3 of the grievance arbitration procedure of this agreement.
GRIEVANCE ARBITRATION PROCEDURE. Unresolved grievances or disputes concerning only those matters set forth below shall be submitted to arbitration in accordance with the procedure set forth in this Article:
GRIEVANCE ARBITRATION PROCEDURE. 12.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits may be extended by mutual written agreement of the parties.
12.2 Grievances shall be settled according to the following procedures:
Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.
Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, either involved party may submit it within three (3) business days to the Joint Administrative Committee, which shall meet within five (5) business days after such referral (or such longer time as is mutually agreed upon by all representatives on the Joint Administrative Committee), to confer in an attempt to resolve the grievance. If the dispute is not resolved within such time (five (5) business days after its referral or such longer time as mutually agreed upon), it may be referred within five (5) business days by either party to Step 3.
Step 3: Within five (5) business days after referral of a dispute to Step 3, the party filing the grievance will advise the District of its arbitrator selection preference from the following sources:
1. Arbitrator ▇▇▇▇ ▇▇▇▇▇
2. Arbitrator ▇▇▇▇▇ ▇▇▇▇▇▇▇▇
GRIEVANCE ARBITRATION PROCEDURE. 9:01 For the purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration and alleged violation of this Agreement, including any question as to whether a matter is arbitrable.
9:02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until she/he has first given her/his immediate Supervisor the opportunity of adjusting the complaint. If an employee has a complaint, such complaint shall be discussed with the immediate Supervisor within fourteen
GRIEVANCE ARBITRATION PROCEDURE. 31:01 Within twenty (20) working days after receiving the Board of Directors reply and failing a satisfactory settlement, either party may refer the dispute to arbitration by giving notice to the other party in writing.
31:02 Where a grievance is referred to arbitration, the following list of arbitrators shall serve on a rotating basis as sole arbitrator:
(a) ▇▇▇▇ ▇▇▇▇▇▇▇▇
(b) ▇▇▇▇▇ ▇▇▇▇▇▇
(c) ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
31:03 The arbitrator so appointed shall not be empowered to make any decision inconsistent with the provisions of this Agreement, or to modify or amend any portion of this Agreement.
31:04 The arbitrator shall determine his own procedure, but shall provide full opportunity to all parties to present evidence and make representations. The arbitrator shall hear and determine the dispute and render a decision within thirty (30) calendar days from the conclusion of the hearing.
31:05 The final decision of the arbitrator shall be final and binding and enforceable on all Parties and may not be changed, except that either party may apply within five (5) calendar days to have the arbitration reconvened within five (5) further days in order to clarify the decision.
31:06 Each party shall pay one-half (½) of the fees and expenses of the arbitrator.
31:07 Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever.
31:08 The time limits in both the grievance and arbitration procedures may only be extended by mutual agreement and shall be confirmed in writing.
31:09 The grievance and arbitration proceedings set out herein are intended to be exhaustive of the remedies of the parties and the employees and in particular, any employee who feels that she has been unjustly dismissed from employment shall have only the remedies set out herein and shall not ▇▇▇ the Employer in the ordinary courts.
31:10 Employees who are subpoenaed to appear at an arbitration hearing related to this Collective Agreement shall be given necessary time off work. The party which called her, either the Employer or Union, shall be responsible for compensating her for any salary which would otherwise be lost.