GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00. 7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled in the following manner: Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle the complaint. Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company. Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party. Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing. Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II. Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators. Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator. Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 2 contracts
Sources: Maintenance Service Contract, Maintenance Service Contract
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It 8.01 A grievance is defined as an alleged violation of a specific article or section of this Labour Agreement. If any such grievance arises, there shall be no stoppage or suspension of work or discriminatory action by the Company because of such grievance, but such grievance shall be submitted to the following grievance and arbitration procedure.
(a) After the Director of Human Resources becomes aware of an offence, the Company shall within five (5) working days either take disciplinary action or notify the offender(s) that disciplinary action is being contemplated.
(b) The time limits may be extended by mutual desire agreement and shall exclude Saturdays, Sundays and holidays.
8.02 Step One: Within five (5) days of the Parties heretotime a grievance arises, that complaints the employee alone or with the assistance of employees shall be adjusted as quickly as possible. The a Representative, may present the grievance to his ▇▇▇▇▇▇▇ or Supervisor shall be given supervisor. Within two (2) days after the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation presentation of the Agreement and shall be handled in the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and grievance, the ▇▇▇▇▇▇▇ or immediate Supervisor, who supervisor shall endeavor give his answer orally to settle the complaint.
employee and the Representative involved or to the Committee President and the Representative involved. Any grievance which cannot be adjusted at Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it One shall be reduced to writing and referred to the Local Union’s Business Representative Committee President or his alternate and committed to writing for adjustment at the Companynext step.
8.03 Step IIITwo: If the grievance is not settled within thirteen (13) working daysresolved at Step One, excluding Saturdaythe Committee President may, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturdayof receipt of the ▇▇▇▇▇▇▇'▇ or supervisor's answer, Sunday submit to the Department Manager a signed, written statement of grievance. Upon receipt of the written grievance, the Department Manager or his designated Representative shall within three (3) days meet with the Committee President or his designated representative and, if necessary, the Representative concerned to attempt to resolve the grievance. The Company representative shall give the Committee President or his alternate an answer in writing no later than three (3) days after the above mentioned meeting.
8.04 Step Three: If the grievance is not resolved at Step Two, representatives of the Company shall within seven (7) days meet with the Committee President, or his designated representative, and recognized holidays immediately following such other representative of the time limits set forth in Step IIICommittee as may be designated, accompanied by the representative from the department or the employee involved.
Appears in 2 contracts
Sources: Labour Agreement, Labour Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 36.01 A grievance shall mean is defined as any difference or dispute concerning arising between the Union and the Company relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable.
36.02 There are three types of grievances under this Collective Agreement:
(a) An Individual Grievance, which is an unresolved complaint of an individual employee wherein he or she believes that the Collective Agreement has been improperly interpreted, applied or administered to his or her detriment. An Individual Grievance may be submitted at Step 1 of the grievance procedure following the attempt to try to resolve the matter as per 36.04.
(b) A Group Grievance, which is an unresolved complaint of a group of employees wherein they believe that the Collective Agreement has been improperly interpreted, applied or administered to their collective detriment. A group grievance may be submitted at Step 1 of the grievance procedure within ten (10) days of when the employees became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred.
(c) A Policy Grievance which is an unresolved issue arising between the Union and shall the Employer around the interpretation, application or administration of the Collective Agreement but does not include matters which could be handled pursued either as an Individual or Group Grievance. A policy grievance may be submitted by the Union or the Employer at Step 2 of the grievance procedure within ten (10) days of when the party became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred.
36.03 For the purpose of this Article, reference to "days" relating to Steps in the following manner:grievance and arbitration procedure shall mean calendar days.
Step I: 36.04 Employees who have a complaint shall first take the matter up with their Supervisor/Manager within five (5) days when the cause of the complainant occurred or ought to have reasonably come to the attention of the employee. The aggrieved party shall discuss his complaint with his employee may be accompanied by a ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate may also discuss the matter with the Supervisor, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If /Manager before the grievance is committed to writing. If the matter is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made resolved within five (5) working days excluding Saturdayof it first being raised or if the decision of the Supervisor/Manager is not satisfactory to the ▇▇▇▇▇▇▇, Sunday the ▇▇▇▇▇▇▇/Committee Person may appeal the decision by filing a grievance. The grievance will be committed to writing and recognized holidays immediately following delivered to the time limits set forth in Manager, Supervisor or the Human Resources department within five (5) days after the ▇▇▇▇▇▇▇ has received the decision. Following the issuance of the grievance, proceed to Step IIIOne (1).
36.05 Grievances may also arise from the issuance of a corrective action by the Employer. An employee that is given a corrective action and feels that the subject matter or the punishment resulting from the corrective action is inappropriate may file a grievance within five (5) days after the ▇▇▇▇▇▇▇ has received the decision. Grievances will be committed to writing and delivered to the Manager, Supervisor or Human Resources department. Following the issuance of the grievance, proceed to Step One (1).
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire of the Parties hereto, parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of the Collective Agreement may at option discuss it with immediate supervisor within three (3) days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a response to the complaint within three (3) days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union ▇▇▇▇▇▇▇ covered under this Collective Agreement. Grievances must be filed within fifteen (15) working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and Union ▇▇▇▇▇▇▇, presented to the Supervisor by the Union ▇▇▇▇▇▇▇ and (at their option). Both copies are to be returned by the Supervisor with signed comments to the Union ▇▇▇▇▇▇▇ within three (3) working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a ▇▇▇▇▇▇▇ or Supervisor shall be given Union Official. Step If satisfaction is not obtained in Step the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled in the following manner:
Step I: The aggrieved party shall discuss his complaint with his Union ▇▇▇▇▇▇▇ ▇, within five (5) working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union ▇▇▇▇▇▇▇ or immediate Supervisor▇, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3at their option) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If Human Resources Consultant then render a decision in writing on the grievance is not settled prescribed forms within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.five
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is 7.01 The parties to this Agreement recognize the mutual desire stewards and the CLAC Representatives specified in Article 6.01 as the agents through which volunteer firefighters shall process their grievances and receive settlement thereof.
7.02 A volunteer firefighter having a question or a complaint that has not already been dealt with through the normal chain of command shall refer it to the Parties hereto, that complaints of employees shall be adjusted as quickly as possibleArea Commander or his designate. The volunteer firefighter shall have the option of having a ▇▇▇▇▇▇▇ present.
7.03 Step 1 If the question or complaint is not resolved after discussion with the Area Commander, then the volunteer firefighter, accompanied by a ▇▇▇▇▇▇▇ or Supervisor shall be given CLAC Representative, will submit a written grievance to the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a Fire Chief or their designate within ten (10) calendar days of the act or condition causing the grievance. Jurisdictional disputes shall not Within fourteen (14) calendar days of the written submission the parties will meet to attempt resolution of the grievance. The Fire Chief or their designate will issue a response in writing to the Association within ten (10) calendar days of the meeting. In the event the grievance is denied or the Fire Chief or their designate fails to respond, the grievance may be settled by this submitted to Step 2 of the grievance procedure but rather as provided for in Article 8:00process.
7:02 A 7.04 Step 2 If the grievance is not settled under Step 1, the Association may within ten (10) calendar days submit a written grievance to the Director of Employee and Labour Relations or their designate. The parties shall mean any difference or dispute concerning meet within fourteen (14) calendar days from the interpretation, application, administration or alleged violation date of submission of the Agreement grievance. The Director of Employee and Labour Relations or their designate shall notify the Association of his decision in writing within ten (10) calendar days following said meeting. In the event the grievance is denied or the Director of Employee and Labour Relations or their designate fails to respond, the grievance may be handled submitted to mediation.
7.05 The time limits as prescribed may be extended by mutual agreement of the parties in writing.
7.06 Where a deadline pursuant to this Article falls on a day when the following manner:Employer‟s normal administrative operations are closed, such deadline will automatically fall on the next business day.
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and the 7.07 A “Group Grievance” is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or immediate Supervisor, CLAC Representative on behalf of a group of volunteer firefighters who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall endeavor to settle be listed on the complaintgrievance form.
7.08 A “Policy Grievance” is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. A Policy Grievance may be submitted by either party to Step II: 2 of the grievance process. Such Policy Grievance shall be signed by a ▇▇▇▇▇▇▇, or a CLAC Representative, or in the case of an Employer's Policy Grievance, by the Employer or his representative.
7.09 If a grievance remains outstanding after Step 2 of the grievance procedure, the parties may by mutual agreement refer the grievance to mediation. The party requesting mediation shall send notice of its desire to refer the grievance to mediation within fourteen (14) calendar days after receipt of the written decision at Step 2, or within fourteen (14) calendar days after a decision should have been issued. The parties agree that all expenses arising from the appointment of the mediator shall be shared equally.
7.10 The parties shall mutually select a mediator. If the complaint is parties cannot settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from agree on the date there is evidence selection of a grievance having occurredmediator within a reasonable time frame, it shall be reduced to writing and referred either party may apply to the Local Union’s Business Representative and Ministry of Labour to request that an arbitrator be appointed. At that point, the Company.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance matter shall proceed to arbitration at in accordance with Article 8, except that the request provisions of either partyArticle 8.02 shall not apply.
Step IV: It is understood and agreed that any 7.11 Upon mutual consent of the time limits herein may be extended by mutual agreement parties, nothing within this Agreement shall prevent a mediator from serving in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation capacity of an arbitrator in accordance with Section 50 of the Agreement shall be dealt with commencing with Step IILabour Relations Act, 1995 as amended from time to time.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 15.1 It is the mutual desire intent of this Article to provide the parties with a procedure whereby differences and disputes as to the interpretation of any of the Parties heretoarticles in this Agreement will be resolved without work stoppage.
15.2 A grievance is defined as any difference arising between the parties bound by this Agreement concerning the interpretation, that complaints application, operation, or any alleged violation of a provision of this Agreement, including any question as to whether any matter is arbitrable.
15.3 Every effort shall be made to resolve problems through the Union-Management Committee before using the formal process. This informal resolution process will not affect the timelines of the formal process. The affected employee may alternatively request a meeting with the appropriate supervisor in an attempt to discuss and resolve the issue before a grievance is initiated. Evidence of the use of this informal process shall be provided to the Union President and the Manager, Human Resources.
15.4 All formal grievances filed on behalf of employees shall must be adjusted as quickly as possibleinitiated by the Union.
15.5 Except where specifically provided by other provisions of this Agreement, all grievances will commence at Step One. The Thereafter, the subsequent steps will be followed sequentially unless a grievance is resolved, withdrawn, or otherwise disposed of, or unless the parties otherwise specifically agree to handle a particular grievance in a different manner.
15.6 Step One
15.6.1 In the first step of the grievance procedure, the Shop ▇▇▇▇▇▇▇ or Supervisor shall file a grievance with Human Resources. Upon receipt of the grievance, a meeting of the parties will occur within ten (10) working days of the alleged violation. A decision shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00rendered within forty-eight (48) hours.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation 15.6.2 Step One will end in one of the Agreement following ways: • the dispute is resolved, • the dispute is not resolved and shall the Union submits the grievance in writing to Step Two of the grievance procedure, or • the Union decides not to pursue the grievance any further.
15.6.3 In the event of a grievance involving the dismissal or suspension of an employee, Step One may be handled in omitted, and the following manner:grievance will commence at Step Two within ten (10) working days of the written notification to the employee of suspension or dismissal.
15.7 Step I: The aggrieved party shall discuss his complaint with his Two
15.7.1 Failing a satisfactory settlement at Step One, the Shop ▇▇▇▇▇▇▇ will, within five (5) working days of the Step One decision, submit the alleged grievance in writing to the appropriate excluded supervisor, with a copy to the Manager, Human Resources, identifying the Article, violation, and resolution sought. A decision is to be rendered in writing within ten (10) working days. Where no additional information is available or provided, and where the parties mutually agree, Step Two may be skipped, and the grievance may be filed at Step Three.
15.8 Step Three
15.8.1 Failing a satisfactory settlement at Step Two, the Union may initiate a meeting within five (5) working days of the Employer’s Step Two response between the grievor, the ▇▇▇▇▇▇▇ or immediate Supervisor▇, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If Employer representatives. The Employer representatives must include the grievance Manager, Human Resources, and may include other senior administrators, excluded supervisors and/or Elders. A written decision is not settled to be rendered by the Employer, within thirteen five (135) working days, excluding Saturday, Sunday and recognized holidays, from . The Union may also include at this meeting the date FPSE representative. Where no settlement is reached in the first three steps of the occurrence giving rise grievance process, and in advance of either party providing notice to submit the grievance to mediation or arbitration, the grievance shall proceed to arbitration Union-Management Committee will convene for a final attempt at the request of either partya settlement.
15.9 Step IV: It is understood and agreed that any of Four (Mediation)
15.9.1 Failing a satisfactory settlement at Step Three, either party may notify the time limits herein may be extended by mutual agreement other party in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made writing within five (5) working days excluding Saturdayof the Employer’s Step Three response, Sunday of its desire to submit the differences to mediation.
15.9.2 Within a further five (5) working days of the notice to proceed to mediation, the parties shall mutually agree upon an impartial mediator, or may request the appointment of a Settlement Officer by the Collective Agreement Arbitration Bureau.
15.9.3 The mediator shall begin proceedings within twenty-eight (28) days of being appointed.
15.9.4 The mediator shall endeavour to assist the parties to settle the grievance by mediation. The mediator shall not interpret the Collective Agreement, instruct the parties on action to take, or determine a decision on the alleged violation, unless the parties mutually agree to do so. The discussions in mediation are held “without prejudice” and recognized holidays immediately following cannot be disclosed.
15.9.5 If the time limits set forth in parties are unable to settle the difference, either party may end mediation by written notice to the mediator and the other party.
15.9.6 Any expenses and compensation of the mediator shall be shared equally between the parties.
15.9.7 Where the parties mutually agree, Step IIIFour Mediation may be omitted, and the grievance may advance directly to Step Five Arbitration.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire A grievance shall consist of a dispute concerning interpretation and application of any clause in this Agreement alleged violations of the Parties heretoAgreement and alleged abuses of discretion of supervision in the treatment of Union members or the arbitrary or discriminatory cancellation of an Owner-operator’s service contract, that complaints contrary to the terms of employees this Agreement. There shall be adjusted as quickly as possible. The an ▇▇▇▇▇▇▇ or Supervisor shall be given effort on the opportunity part of both parties to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement settle such grievances promptly and shall be handled in through the following manner:
Step Isteps: The By conference between the aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ Union member and the ▇▇▇▇▇▇▇ Branch Manager or immediate Supervisor, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If his designate. Failing settlement the grievance is not settled must be submitted in writing within thirteen seven (137) working days, excluding Saturday, Sunday and recognized holidays, calendar days from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement Agreement. Failing settlement at the above step, the Branch Manager shall render his decision in writing and shall refer the grievance to and arrange a meeting between the Union and the General Manager or his designate within seven (7) days of the date that the grievance was registered in writing. The General Manager or his designate shall render his decision in writing within seven (7)days the date that the grievance was referred to him. In the event the Union or the Company has a grievance, it shall be dealt the responsibility of the to advise the other party in writing within seven (7) calendar days of the alleged violation of the Agreement, and by such notification arrange a meeting within fourteen (14)calendar days between the General Manager or his designate and a duly accredited principal officer of the Local Union or his designate. Should the fail to reach a satisfactory settlement, the grievance may be submitted to a Board of Arbitration as outlined in section Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance may be submitted to an arbitration board as outlined below. Before submitting the grievance to arbitration, the dispute shall, if requested by the grieving party, and in accordance with commencing with Step II.
Step VI: A single Arbitrator the procedures outlined in this Section, be brought to the attention of a Joint Grievance Committee established for this purpose by the Company and by the Local Unions. The Joint Grievance Committee will render a decision, unless it is deadlocked, which shall be final and binding and have the same judicial powers as a Board of Arbitration. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) the list Local Unions. It is further agreed that in the event that any Ontario Joint Grievance Committee is unable to render a majority decision, the grieving party must, within fourteen (14) calendar days of Arbitrators in Appendix “Q” the date the Ontario Joint Grievance Committee declares a deadlock, unless they wish to hear any grievance which has been referred withdraw the grievance, proceed to arbitration pursuant as outlined in Section It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of: an Owner-operator grievance within fourteen (14) calendar days after the General Manager or his designate rendered a decision or failed to render a decision as provided for in section a Company grievance within fourteen (14) calendar days after the meeting with the Union representative; a Union grievance within fourteen (14) calendar days after the meeting with the Company’s representative. A notice of intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s nominee to the Board of Arbitration and within seven (7) calendar days from the receipt of the notice of intent to arbitrate, the other party must in turn name their nominee. A third member to act as Chairman shall be appointed by the respective nominees. Should either party fail to name their nominee within the required seven (7) calendar days or should the nominees fail to select a Chairman within thirty (30) calendar days the date of their appointment, either party or their nominee shall request the Provincial or Federal Minister of Labour to make the appropriate appointment. The Board of Arbitration shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in this Agreement or to give any decision inconsistent with the terms and provisions of this Agreement. Selection The Board shall have the authority to vary or set aside any penalty or discipline imposed relating to the grievance if it is deemed justified to do so. Each of the parties hereto will bear the expense of their nominee to the Board of Arbitration, and the parties will equally bear the fees and expenses of the Chairman. The Company shall not be responsible for the remuneration of time used by an Owner-operator in rotation beginning the investigation and settlement of a grievance. Prior to proceeding to a three (3) person Board of Arbitration, the parties may, by mutual agreement, elect to have the grievance heard by a single arbitrator. Should the parties fail to appoint a one (1) person Board of Arbitration within thirty (30) days from the date of the written referral to arbitration, either party may request the Minister of Labour to make the appropriate appointment. In the event the Company has a grievance they shall notify the principal officer of the Union by fax and a meeting will be arranged within twenty-four (24) hours receipt of the fax to discuss the alleged violation and grievance. In the event that the Union refuses to meet with the first listed arbitrator and will continue sequentially subject Company within the twenty-four (24) hour period as prescribed above the Company may then proceed to availability of those individual arbitrators.
Step VII: Both Parties Arbitration. These provisions are alternative to the dispute shall share equally the expenses and fees grievance procedures of the Arbitrator.
Step VIII: A request Company as set forth in section The mandatory time limits and procedures set out above must be observed by the Union in order to proceed to arbitration shall and must also be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following observed by the time limits set forth in Step IIICompany commencing with Section unless waived by mutual agreement.
Appears in 1 contract
Sources: Owner Operator Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It 30.1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is the mutual desire of the Parties hereto, agreed to and understood by both parties that complaints of employees there shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given a procedure for the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning resolution of grievances between the interpretation, application, administration or parties arising from an alleged violation of specific terms of the Agreement and as provided in this article.
30.2 For the purposes of this Agreement, a grievance shall be handled in defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement, including disagreements regarding discipline. A grievance may be initiated or filed by a bargaining unit employee or the CFPBA.
30.3 The University and the CFPBA encourage the resolution of a grievance at the earliest possible time and step. Nothing herein shall preclude the employee from presenting his/her grievance informally to his/her supervisor; provided, however, that if such informal effort at resolution is unsuccessful, the written grievance must be filed within fourteen (14) days of the occurrence, event, or violation that gave rise to the grievance, or it will be deemed untimely. To that end, the following manner:grievance procedure and time limits shall be adhered to. However, the grievant (whether it is an individual employee or the CFPBA) and management may agree to waive Step 1 in any grievance. Grievances which are filed by the local CFPBA on behalf of the CFPBA itself or the entire bargaining unit (i.e., CFPBA grievance), and/or individual grievances protesting suspension or discharge shall be filed with the Director or his/her designee at Step 2, within the time period prescribed in Step 1.
Step ISTEP 1: An aggrieved employee shall present the grievance in writing to his/her immediate supervisor within fourteen (14) days of the occurrence, event, or violation that gave rise to the grievance. If the occurrence, event, or violation that gave rise to the grievance occurred at a time when the employee was on annual leave, sick leave, or other authorized leave, the fourteen (14) day period shall commence immediately upon the employee’s return from such authorized leave. The aggrieved party grievance shall discuss his complaint with his ▇▇▇▇▇▇▇ be signed and dated by the grievant, the ▇▇▇▇▇▇▇ (when representation is authorized by the employee), and the supervisor. The grievance shall state: (a) the date of the alleged occurrence, event or immediate Supervisorviolation; (b) the article(s) of the Agreement violated; (c) a statement of facts pertaining to the occurrence, who event, or violation; and (d) the relief requested. The grievant shall endeavor to settle discuss the complaintgrievance with his/her supervisor. The supervisor shall render his/her decision on the grievance in writing, within five (5) days after presentation of the grievance.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step IIISTEP 2: If the grievance is not satisfactorily settled in Step 1, then the grievance will be forwarded to the Director or his/her designee within thirteen ten (1310) working days, excluding Saturday, Sunday and recognized holidays, from days of receipt of the Step 1 decision or the date on which it was due. If Step 1 was waived, or Step 2 has been designated as the first Step of the occurrence giving rise to procedure, the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any must be filed within fourteen (14) days of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company occurrence, event, or the Union concerning the interpretation, application, administration violation. The Director or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning his/her designee will meet with the first listed arbitrator grievant, and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made CFPBA Representative within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.five
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire of the Parties hereto, parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of the Collective Agreement s/he may at her/his option discuss it with her/his immediate supervisor within three days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a response to the complaint within three days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union ▇▇▇▇▇▇▇ covered under this Collective Agreement. Grievances must be tiled within fifteen working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported her/his complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and Union ▇▇▇▇▇▇▇, presented to the Supervisor by the Union ▇▇▇▇▇▇▇ and employee(s) (at their option). Both copies are to be returned by the Supervisor with her/his signed comments to the Union ▇▇▇▇▇▇▇ within three working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a ▇▇▇▇▇▇▇ or Supervisor Union Official. ati ISftesp sfaction is not obtained in Step the Union ▇▇▇▇▇▇▇, within five working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union ▇▇▇▇▇▇▇, employee(s) (at their option) and the Human Resources Consultant then render a decision in writing on the prescribed forms within five working days of receiving the grievance from the Union ▇▇▇▇▇▇▇. If s ti a sfaction is not obtained in Step the Union may within ten working days, refer the grievance to the Vice President of Human Resources or designate who shall be given meet with the opportunity Vice President of the Union or designate, employee(s) (at their option) and a Human Resources Consultant to adjust review the grievance and shall render a complaintdecision in writing within ten working days. When a complaint is reduced The Union or Employer shall have the right to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning initiate at Step grievances arising out of the interpretation, application, administration or alleged violation of any provision of this Agreement which is a policy matter that affects the Agreement and shall be handled Union or Employer in any way. Should the Union or Employer fail to receive a decision within the time limit set out in the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate Supervisorgrievance procedure, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall automatically proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any next step. The Union shall provide the Employer’s Human Resources Department with a letter confirming resolution of the grievance within ten working days. The time limits herein fixed in Grievance Adjustment may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation consent of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list parties of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with Time absent from work for grievance representation is paid by the first listed arbitrator and will continue sequentially subject to availability of those individual arbitratorsEmployer.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It The parties to this Agreement are agreed that it is the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity utmost importance to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute complaints and grievances concerning the interpretation, application, administration interpretation or alleged violation of the Agreement and shall be handled in as quickly as possible. To this end, the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor parties agree to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred initiate grievances promptly by bringing them to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date attention of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: other party as soon as possible in each instance. It is understood and agreed that any of a complaint will not constitute a grievance until an employee has afforded immediate supervisor an opportunity to review and, if necessary adjust the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement complaint. Such complaint shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning raised with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made employee’s supervisor within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the date on which the circumstances which gave rise to the complaint became known or ought to have been known to the employee. The supervisor shall answer the complaint within five (5) working days. If the supervisor’s decision is not satisfactory to the employee concerned, then the formal grievance procedure may be used within five (5) working days of receipt of the supervisor’s answer; or, failing an answer within the time limits set forth in limit, then within ten (10) working days of the date the complaint was first presented. No grievance shall be considered where the events giving rise to it occurred or originated more than fifteen (15) full working days before the filing of the grievance. Grievances properly arising under this Agreement shall be adjusted and settled as follows: The aggrieved employee shall present grievance to supervisor on the Grievance Form provided by the Union. The information presented on the Grievance Form shall include, without limitation, the Article or Articles, and alleged to be violated or that require interpretation. The employee shall have the assistance of a Union representative if so desired. The supervisor shall give a written decision within two (2) full working days following presentation of the grievance. If the employee’s supervisor is also the employee’s department head, the grievance may be initiated at Step III.If the supervisor’s decision is not satisfactory to the employee concerned, then the grievance may be presented as follows:
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is Section 18.1 Grievances are defined as disputes arising between the mutual desire Employer and the employee(s) or between the Employer and the Union with respect to the interpretation or application of the Parties hereto, that complaints terms of employees this Agreement. Disputes shall be adjusted as quickly as possiblesettled according to the following procedures:
Step 1. The Employee grievances shall be taken up with the employee's immediate supervisor by the employee and/or a Shop ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation and/or Union Representative within ten (10) calendar days of the Agreement and shall be handled in time when the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and employee knew or should reasonably have known of the ▇▇▇▇▇▇▇ act or immediate Supervisoroccurrence, who shall endeavor to settle the complaintwhichever is later.
Step II: If the complaint is 2. Disputes not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it in Step 1 shall be reduced to writing and referred to the Local Union’s Business Representative Employer representative within ten (10) calendar days from the date the grievance was responded to by the immediate supervisor. The Union and Employer representatives shall utilize conciliatory methods, as may be mutually agreed upon between the Companyparties, to attempt to resolve the dispute. If the dispute is not resolved at Step 2, the grievance will be referred to Step 3.
Step III: 3. In the event that the Union and the Employer are unable to resolve the dispute in Step 2, either party may refer the dispute to arbitration or, by mutual agreement, request formal mediation through the Federal Mediation and Conciliation Service. Mediators shall be chosen from a list of seven (7) names provided by the Federal Mediation and Conciliation Service with the parties alternately striking a name from the panel until only one (1) name remains. Any fee for the Mediator shall be divided equally between the parties. If the grievance either party is not settled satisfied with the opinion of the Mediator, they may move to binding arbitration within thirteen thirty (1330) working dayscalendar days after the commencement of mediation. A form of expedited arbitration may be used if mutually agreed to by the Union and the Employer. During such proceedings, excluding Saturday, Sunday there shall be no cessation of work.
Section 18.2 In the event the Employer and recognized holidays, the Union cannot agree upon the selection of an arbitrator within fifteen (15) calendar days from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any referral of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between controversy to arbitration, the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator arbitrator shall be selected in the following manner: the Federal Mediation and Conciliation Service shall be jointly requested by the parties to name a panel of seven (7) arbitrators. The parties shall alternately strike a name from the list panel until only one name (1) remains.
Section 18.3 The arbitrator shall be authorized to rule and issue a decision and award, in writing, on any issue presented for arbitration, including the question of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant the arbitrability of such issue. The decision and award shall be final and binding upon both parties to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and The fees of the Arbitratorarbitrator shall be borne one-half (1/2) by the Union and one-half (1/2) by the Employer party to the arbitration.
Step VIII: A request Section 18.4 The Employer and the Union agree to proceed make available to arbitration the other such pertinent data as each may deem necessary for the examination of all circumstances surrounding a grievance. The arbitrator shall be made empowered to effect compliance with this provision by requiring the production of documents and other evidence.
Section 18.5 Employees covered by this Agreement must go through the procedure set forth herein before going to any outside source or their right for arbitration will be forfeited.
Section 18.6 Grievances not processed within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step IIIherein shall be deemed waived. The parties may, by mutual agreement, extend the time limits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is The Employer guarantees to every employee covered by this Agreement that their status will not be prejudiced in any manner due to the mutual desire fact that they have taken the ac- tion of carrying grievances to higher management levels when there has been failure to settle their complaints or grievances satisfactorily through their immediate supervi- sors. The procedure for the Parties hereto, that complaints discussion of employees any questions or problems which might arise concerning working condi- tions shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled in the following mannerfollows:
Step I: The aggrieved party shall discuss his complaint No. 1 By discussion between the employee con- cerned jointly with his ▇▇▇▇▇▇▇ and Local Union Representative, the ▇▇▇▇▇▇▇ ▇, or immediate Supervisor, who shall endeavor to settle the complaint.
Manager. Step IINo. 2: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a The grievance having occurred, it shall be reduced to writing and referred at Step It shall then be discussed between the employee concerned jointly with the Vice-president, or Local Union Representative, the ▇▇▇▇▇▇▇, the Manager and/or Area Manager or Superintendent. Where the Manager mentioned in Step I reports directly to the Local Union’s Business Representative District Manager, the Manager will act for the pany in both Steps and and, where mutually agreeable, both Steps may be handled at the same meeting. Step No. 3: Between the employee concerned jointly with the Vice-president, a Union Representative, the Fore- man or Manager, the Superintendent or Area Manager, and the Company.
Step III: If District Manager or representative. Should the matter not be settled within fifteen days of the date the written grievance is filed or such longer time as may be mutually agreeable, the issue may be sub- mitted to Arbitration as provided by this Agreement. Grievances will not settled within thirteen be submitted to arbitration if ninety (1390) working days, excluding Saturday, Sunday and recognized holidays, days have elapsed from the date a third step meeting was held. Either party will get an extension if they request it in writing. Arbitration hearings will be held in one of the occurrence giving rise following locations: Ottawa, Toronto, Windsor. The local- to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended selected by mutual agreement in writing.
Step V: Any grievance between agreement, however, failing agreement, the Company or Chairman shall set the Union concerning place for the interpretation, application, administration inn. Should the matter at issue involve the misinterpreta- tion or alleged violation of the Agreement Agreement, either party shall have the right to submit the matter to an Arbitrator. In the event the parties fail to agree upon an Arbitrator, the Min- ister of Labour for the Province of Ontario shall be dealt with commencing with Step II.
Step VI: A single requested to name a person to act as Arbitrator. The decision of the Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant final and binding on both parties to this Agreement. Selection The Arbitrator shall be not have any jurisdiction to alter or change any of the provisions of this Agreement nor to sub- stitute any new provisions in rotation beginning lieu thereof, nor to give any decision inconsistent with the first listed arbitrator terms and provisions of this Agreement. The parties will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to jointly bear the dispute shall share equally the expenses and fees expense of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is 9.01 If an employee or employees has or have any complaint or question which he or they wish to take up with the mutual desire of the Parties heretoEmployer, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled heard without prejudice in the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and (i) If the decision of the Plant Superintendent is not satisfactory, the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle a duly authorized Representative of the complaint.
Step II: If Union may then appeal the complaint is not settled decision in writing within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative General Manager or his appointee. The matters shall then be discussed with the ▇▇▇▇▇▇▇.
(ii) Any differences arising directly between the Employer and the Company.
Union may be submitted in writing by either Party at Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday #2 hereof and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein provided under the applicable provisions of the grievance procedure shall appropriately apply to both parties. Where a number of employees have identical grievances, the Employer agrees to accept a group grievance at Step #2 provided each employee grieving signs the grievance.
(iii) Any time limits in the grievance arbitration proceedings may be extended by mutual agreement in writing.
Step V: Any (iv) It is mutually agreed that no grievance between will be considered the Company alleged circumstances of which originated or occurred more than two (2) calendar weeks prior to the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step IIoriginal presentation.
Step VI: (v) A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has not been referred to entered into the arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made stage within five fifteen (515) working days excluding Saturdayafter the answer has been received, Sunday shall be deemed to have been withdrawn unless written arrangements to the contrary have been received.
(vi) Unless otherwise specified in this Agreement, Saturdays, Sundays and recognized Statutory holidays immediately following shall not be counted in determining the time limits set forth within which any action must be taken under the grievance and arbitration provisions.
(vii) The Employer agrees to recompense the employee if applicable by base rate for reasonable amount of time spent in Step IIIdealing with grievances. This is only to apply to time dealing with grievances in the Plant during the employee's regular working hours and does not include time spent on grievances after they have reached the arbitration stage.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is Should any difference, disputes, or complaints arise over the mutual desire interpretation or application of the Parties heretocontents of this Agreement, that complaints of employees there shall be adjusted as quickly as possible. The an ▇▇▇▇▇▇▇ or Supervisor shall be given effort made on the opportunity part of both parties to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled in settle same promptly through the following mannersteps:
Step I: The 1. By conference between the aggrieved party shall discuss his complaint with his employee, the Union ▇▇▇▇▇▇▇ and/or Union Representative, or both, and the ▇▇▇▇▇▇▇ or immediate SupervisorStore Manager. Store Management shall make its decision known within two (2) working days thereafter. If the matter is not resolved in Step 1, who it shall endeavor be referred to settle the complaintStep 2 within two (2) working days.
Step II: If 2. By conference between the complaint is not settled Union Representative and a supervisor of the Employer. The Employer shall make its decision known within three (3) working days excluding Saturday, Sunday and recognized holidays, from thereafter. If the date there matter is evidence of a grievance having occurrednot resolved in Step 2, it shall be reduced to writing and referred within three (3) working days to the Local Union’s Business Representative and the CompanyStep 3.
Step III: If 3. By conference between an official or officials of the grievance is not settled Union and a designated representative of the Employer.
Step 4. In the event the last step fails to settle the complaint, it shall be promptly referred within thirteen seven (137) working daysdays to Arbitration. In any case in which an employee is aggrieved and the Union promptly notifies the employee that it does not intend to request arbitration after the Step 3 meeting, excluding Saturdaythe time for requesting arbitration shall be stayed pending the employee's exhaustion of internal union appeals to the Union's Executive Board. The Employer and the Union shall mutually agree to an impartial arbitrator to hear said arbitration case; however, Sunday if said arbitrator cannot be chosen within three (3) days then the Federal Mediation and recognized holidaysConciliation Service will be requested to furnish a panel of seven (7) names from which the arbitrator may be chosen. The arbitrator will be selected within seven (7) days after the receipt of the panel by both parties. The arbitrator may be chosen by alternately striking names. The party striking first will be determined by the flip of a coin. The decision of the arbitrator shall be binding on both parties. The expenses of the arbitrator shall be paid for jointly. Should either party postpone a scheduled arbitration date, from that party shall be responsible for any cancellation fee. Such Arbitrator shall not be empowered to add to, detract from, or alter the terms of this Agreement. The Employer may at any time discharge any employee for proper cause. The Union or the employee may file a written complaint with the Employer within seven (7) days after the date of discharge, asserting that the occurrence giving rise to discharge was improper. Such complaint must be taken up promptly. If the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood Employer and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” fail to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made agree within five (5) working days, it shall be referred to Arbitration. Should the Arbitrator determine that it was an unfair discharge, the Employer shall abide by the decision of the arbitrator. Grievances must be taken up promptly. No grievance will be considered, discussed, or become arbitrable which is presented later than seven (7) days excluding Saturdayafter such has happened. The Employer shall have the right to call a conference with a Union ▇▇▇▇▇▇▇ or officials of the Union for the purpose of discussing any grievance, Sunday criticisms, or other problems. Grievances will be discussed only through the outlined procedure; except that by mutual agreement between the Union and recognized holidays immediately following the Employer, the time limits set forth in Step IIImay be waived.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It 8.01 For the purpose of this Agreement, a grievance is defined as difference arising between the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity parties relating to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and including any question as to whether a matter is arbitrable.
8.02 If an employee or employees has or have any grievance, which he/she or they wish to take up with the Company, it shall be handled heard without undue delay in the following manner:
Step I: STEP 1 The aggrieved party employee shall discuss his complaint confer with his his/her immediate ▇▇▇▇▇▇▇ in the presence of the Union ▇▇▇▇▇▇▇ and all possible efforts shall be made to settle the differences that may arise. Any matter not settled at this stage may become the subject of a written grievance and deal with as follows:
STEP 2 The grievance of the employee shall be stated in writing on a standard form supplied by the Union, which shall be completed as indicated on the form. The form will then be presented to the Plant Manager who will state his/her decision within four (4) working days of receiving the complaint. If the decision of the ▇▇▇▇▇▇▇ is not satisfactory, the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor a duly authorized Representative of the Union may appeal the decision to settle a representative of the complaintCompany.
Step II: If STEP 3 The Union Representative and the complaint is Director(s) of the Company or their designate shall meet to discuss the grievance not settled within later than three (3) working days excluding Saturday, Sunday and recognized holidays, from after receipt of the date there is evidence Plant Manager’s written decision. The Union shall have the right to have a duly authorized representative of the Union present at this meeting. The Directors of the Company of their designate shall render a grievance having occurred, it shall be reduced to decision in writing and referred to within two (2) days after the Local Union’s Business Representative and close of the Company.
Step III: meeting. If the grievance is not settled then settled, then at the request of either party to this Agreement, the grievance may be referred to arbitration.
STEP 4 If a settlement of the grievance is not then reached, it may then be dealt with by Arbitration as set forth in Article 9 of this Agreement. Such Arbitration proceedings must be commenced by the aggrieved party within thirteen twenty (1320) days after the completion of Step 3 above unless an extension is mutually agreed upon by both parties.
8.03 No grievance shall be considered by the Company unless it is lodged with the Company within two (2) working days, excluding Saturday, Sunday and recognized holidays, from the date days of the occurrence giving rise to the grievance or at such time the alleged infraction becoming known to the employee.
8.04 Any time limits in the grievance shall proceed to or arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein proceedings may be extended by mutual agreement in writing. Such extension will not be unreasonably denied.
Step V: 8.05 Any grievance between employee who has acquired seniority standing and has been discharged by the Company shall have the right, upon his/her request and without pay, to submit the circumstances to the Shop ▇▇▇▇▇▇▇ for a reasonable period of time before leaving the premises. Permission by the Company shall not be unreasonably withheld.
8.06 During the probationary period, an employee shall be considered as being employed on a trial basis and may be disciplined or dismissed by the Company in its sole discretion, subject to the Human Rights Code.
8.07 The Union concerning shall have the interpretation, application, administration right to initiate a group or alleged violation policy grievance at Step 3 of the Agreement grievance procedure.
8.08 Saturday, Sunday, plant holidays and plant vacation period shall not be included in any time limits in this section of the Agreement.
8.09 It is understood that the Company may file a written grievance in accordance with this article and such written grievance shall be dealt with commencing with Step II.
Step VI: A single Arbitrator provided to the designated Union Representative and the Chief ▇▇▇▇▇▇▇ and shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
filed at Step VII: Both Parties to the dispute shall share equally the expenses and fees 3 of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made grievance procedure within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following of the time limits set forth in Step IIIoccurrence giving-rise to the grievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is 9.01 The procedure for resolving differences between the mutual desire of the Parties heretoparties bound by this Agreement concerning its interpretation, that complaints of employees application, operation or any violations thereof shall be adjusted as quickly as possiblefollows:
(3) An employee shall file his grievance with his Supervisor within seven (7) working days of his having opportunity to become aware of his grievance. The employee's Supervisor, the employee and Shop ▇▇▇▇▇▇▇ or Supervisor shall meet promptly to endeavour to resolve the grievance. This time limit is mandatory, and if it is not complied with (provided it has not been waived by the parties) the grievance shall be given deemed to be abandoned. Should a solution not be reached by Step 1, the opportunity to adjust a complaint. When a complaint is reduced to writing it grievance shall be termed a grievancefiled in writing to the Branch Manager. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning The Branch Manager, the interpretationemployee, application, administration or alleged violation of the Agreement and shall be handled in the following manner:
Step I: The aggrieved party shall discuss his complaint with his Shop ▇▇▇▇▇▇▇ and/or the Business Representative shall meet promptly to endeavour to resolve the grievance. If they are unable to resolve the grievance within seven (7) working days of its being filed, the grievance will automatically be referred to the Region Manager. The Region Manager, or his designate, in the event that he is absent, and a Representative of the Union, shall promptly attempt to resolve the grievance. If they are unable to resolve the grievance within ten (10) working days of its being referred to the Region Manager, it shall automatically be referred to Arbitration under this Article.
9.02 Where the parties elect to proceed to Arbitration, the party requesting arbitration will name to the other party its selected single arbitrator in its request. If a single arbitrator is not agreed upon within seven (7) days, they shall request the Minister of Labour for Canada to appoint a qualified arbitrator. ▇.▇ ▇▇▇▇▇▇▇ Company Drivers 2018 -2021 The arbitrator shall have the power to order, if he deems proper that any employee who has been wrongfully suspended, discharged or immediate Supervisorotherwise disciplined, who shall endeavor to settle be reinstated without loss of pay and with any other benefit under this Agreement which he may have lost. The decision of the complaint.
Step II: If arbitrator shall be binding on both parties. Each party shall pay its own costs and fees and the complaint is not settled within three (3) working days excluding Saturday, Sunday expenses of its representatives and recognized holidays, from witnesses. The fees and expenses of the date there is evidence Arbitrator shall be shared equally between the parties. In the event of a grievance having occurredan Arbitrator being appointed, it shall be reduced to writing and referred to is agreed by both the Local Union’s Business Representative Union and the Company.
Step III: If , that the grievance is not settled Arbitrator shall be requested to hand down his decision within thirteen ten (1310) working days, excluding Saturday, Sunday or as soon thereafter as may conveniently be arranged. The Company and recognized holidays, from the date of the occurrence giving rise Union may mutually agree in writing to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that waive any of the time limits set out in this Article. All time limits contained herein may shall be extended by mutual agreement in writing.
Step V: Any grievance between considered working days exclusive of Saturdays, Sundays and General Holidays. If the Company or the Union concerning the interpretation, application, administration or alleged violation has a policy grievance it shall begin at Step 3 of the Agreement shall be dealt with commencing with Step IIGrievance Procedure.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 37.01 A grievance shall mean is defined as any difference or dispute concerning arising between the Union and the Company relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitral.
37.02 There are three types of grievances under this Collective Agreement:
(a) An Individual Grievance, which is an unresolved complaint of an individual employee wherein they believe that the Collective Agreement has been improperly interpreted, applied or administered to their detriment. An Individual Grievance may be submitted at Step 1 of the grievance procedure following the attempt to try to resolve the matter as per 37.04.
(b) A Group Grievance, which is an unresolved complaint of a group of employees wherein they believe that the Collective Agreement has been improperly interpreted, applied or administered to their collective detriment.
(c) A Policy Grievance which is an unresolved issue arising between the Union and shall the Employer around the interpretation, application or administration of the Collective Agreement but does not include matters which could be handled pursued either as an Individual or Group Grievance. A policy grievance may be submitted by the Union or the Employer at Step 2 of the grievance procedure within ten (10) days of when the party became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred.
37.03 For the purpose of this Article, reference to "days" relating to Steps in the following manner:grievance and arbitration procedure shall mean calendar days.
Step I: 37.04 Employees who have a complaint shall first take the matter up with their Supervisor/Manager or will bring it to a Union Representative who will take the matter up with the Supervisor/Manager within seven (7) days when the cause of the complainant occurred or ought to have reasonably come to the attention of the employee. The aggrieved party shall discuss his complaint with his employee may be accompanied by a ▇▇▇▇▇▇▇ ▇/Committee Person and the ▇▇▇▇▇▇▇ or immediate ▇/Committee Person may also discuss the matter with the Supervisor, who shall endeavor /Manager before the grievance is committed to settle the complaint.
Step II: writing. If the complaint matter is not settled resolved within three seven (37) working days excluding Saturdayof it first being raised or if the decision of the Supervisor/Manager is not satisfactory to the ▇▇▇▇▇▇▇/Committee Person, Sunday and recognized holidays, from the date there is evidence of ▇▇▇▇▇▇▇/Committee Person may appeal the decision by filing a grievance. The grievance having occurred, it shall will be reduced committed to writing and referred delivered to the Local Union’s Business Representative and Manager, Supervisor or the CompanyHuman Resources department within seven (7) days after the ▇▇▇▇▇▇▇ has received the decision. Following the issuance of the grievance, proceed to Step One (1).
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, 37.05 Grievances may also arise from the date issuance of a corrective action by the Employer. An employee that is given a corrective action and feels that the subject matter or the punishment resulting from the corrective action is inappropriate may file a grievance within seven (7) days after the Employee has been issued the corrective action. Grievances will be committed to writing and delivered to the Human Resources department. Following the issuance of the occurrence giving rise to the grievance the grievance shall grievance, proceed to arbitration at the request of either partyStep One (1).
37.06 Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.One
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is In the mutual desire event any differences, disagreements or disputes, P-23 thereinafter referred to as "grievances," arise as to the interpretation or application of this Agreement, or as to the rights of the Parties heretoUnion or the Company, that complaints or any employees thereunder, both parties agree to take no action affecting the operation of employees shall be adjusted as quickly as possible. The the plant, unless or until an ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity effort has been made to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this settle such grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled in the following manner, to wit:
Step I: Section 1. P-24
(a) The aggrieved party employee, or one designated member of a group of employees having a grievance, shall discuss first present the matter to his complaint immediate ▇▇▇▇▇▇▇, either with his or without the electrical unit ▇▇▇▇▇▇▇, and collectively they shall make every effort to effect a settlement. If the grievance is not settled, it shall be promptly referred to the next step of the grievance procedure.
(b) If the matter is not settled in the above step, the electrical unit ▇▇▇▇▇▇▇ shall then discuss the matter with the supervisor and/or other designated management representatives and attempt to settle the grievance. A settlement in either of the oral discussion steps shall be informal and limited to the instant grievance. Written dispositions shall not be requested by either party. The employee and the union representative handling the grievance will be provided a copy of the notice authorizing the back pay award, if any, when such has been granted to settle the employee's grievance.
(c) In the event the grievance is not then settled, it shall be reduced to writing in triplicate form. After receipt of the written grievance, the supervisor and/or designated management representative shall give his written disposition within ten (10) work days. One copy shall be delivered to the electrical unit ▇▇▇▇▇▇▇, one to the supervisor and/or other designated management representative and one to the Human Resources Team Leader or designated representative.
(d) If satisfactory settlement is not reached, it may be appealed to the next step of the grievance procedure and must be filed within ten (10) work days following receipt of the supervisor's written disposition.
(e) All grievances appealed to this step shall be considered by both the Union committee and the Human Resources Department, who will meet at a time mutually agreeable to both parties for the purpose of settling this grievance. An International Representative of the IBEW may be present at this step of the grievance procedure.
(f) Should a grievance be filed against work performed by electricians, the IBEW Chief ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled will be given notification of such in writing within three (3) working days excluding Saturday, Sunday and recognized holidays, from days.
Section 2. P-25
(a) In case of disagreement concerning the date there is evidence meaning or application of a grievance having occurredthe terms of this Agreement, it is agreed that such question or grievance other than wages, wage rates, insurance plan or pension program shall be reduced submitted to writing one neutral arbitrator.
(b) The arbitrator shall be agreed upon by the Local Management and referred to the Local Union’s Business Representative . If they cannot agree on an arbitrator within ten (10) calendar days following notice of appeal to arbitration, the parties jointly may request the Federal Mediation and the Company.
Step III: If the grievance is not settled within thirteen Conciliation Service to name seven (137) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator arbitrators. The arbitrator shall be selected from such list in the following manner:
(1) Within ten (10) calendar days from receipt of the list of Arbitrators arbitrators, the Union or the Company, as the case may be, shall strike the names of three (3) on this list of seven (7) arbitrators:
(2) The other party shall then strike three (3) names within the next ten (10) calendar days, and the remaining name shall be the arbitrator. In following the above procedure, the parties shall, in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to cases where an arbitrator is selected from a list furnished by the Federal Mediation and Conciliation Service during the term of this Agreement, alternate the procedure established under (1) above.
(c) The arbitrator's decision must be based upon an interpretation of the provisions of this Agreement by the local Plant Management and Union. Selection The arbitrator shall have no power to add to, take from, amend, modify or alter this Agreement entered into by the local Plant Management and Union.
(d) The decision of the arbitrator shall be in rotation beginning with final and binding on both parties.
(e) The cost of the first listed arbitrator and will continue sequentially subject to availability of those individual arbitratorsincidental expenses shall be borne equally by the parties.
Step VII: Both Parties Section 3. P-26 Grievance meetings will be scheduled at a time mutually agreeable to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration both parties. Employees attending such meetings shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the paid at their straight-time limits set forth hourly rate for lost time as a direct result of time spent in Step IIIsuch scheduled meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is A grievance shall consist of a dispute concerning the mutual desire interpretation and application of any clause inthis Agreement, alleged violations of the Parties hereto, that complaints Agreement and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, the question may be taken up through the grievance procedure and determined, if necessary, by arbitration. There shall be adjusted as quickly as possible. The an ▇▇▇▇▇▇▇ or Supervisor shall be given effort on the opportunity part of both parties to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00settle such grievances promptly through the following steps.
7:02 A (a) By a conference betweenthe aggrieved employee and the Manager or designate. Failing settlement, the grievance shall mean any difference or dispute concerning must be submitted, in writing, within ten (10) working days from the interpretation, application, administration or date the alleged violation of became knownto the Agreement and shall The may be handled in the following manner:
Step I: The aggrieved party shall discuss his complaint with his accompanied by a Union ▇▇▇▇▇▇▇ and, if deemed necessary by the Union, shall also be accompanied by a business representative of the Union. Failing settlement at the above step, the Manager shall render decision in writing and shall refer the grievance to and arrange a meeting between the Union and the ▇▇▇▇▇▇▇ General Manager or immediate Supervisor, who designatewithin seven (7)days of the date that the grievance was registered in writing. This meeting shall endeavor to settle be held in the complaint.
Step II: If locale of the complaint is not settled terminal involved unless otherwise agreed. The General Manager or designate shall render decision in writing within three seven (37) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence that the grievance was referred to Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to Arbitration as outlined in Article hereof. the event the Union or the Company has a grievance having occurredgrievance, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date responsibility of the occurrence giving rise griever to advise the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any other party in writing within seven (7) calendar days of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement and, by such notification, arrange a meeting within fourteen (14) calendar days betweenthe General Manager or designate and a duly accredited principal officer of the local Union or designate. Should the griever fail to reach a satisfactory settlement, the grievance may be submitted to Arbitration as outlined in Article hereof. It shall be dealt the responsibilityof the party desiring arbitrationto so informthe other party in writing in the case of:
(a) an employee grievance within thirty (30) calendar days after the General Manager or designate has rendered a decision or failed to render a decision as provided for in Article a Company grievance within thirty (30) calendar days after the meeting with commencing the Union representative; a Union grievance within thirty (30) calendar days after the meeting with Step II.
Step VI: the Company's representative. A single Arbitrator Notice of Intent to Arbitrate under the foregoing provision shall be selected contain five names of the suggested arbitrator and, within thirty (30) calendar days from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees receipt of the Arbitrator.
Step VIII: A request Noticeof Intent to proceed Arbitrate, the other party must in turn accept a proposed arbitrator or suggest five names of proposed arbitrators. Should either party fail to arbitration shall be made name their proposed arbitrator within five the required thirty (530) working days excluding Saturdaycalendar days, Sunday and recognized holidays immediately following or should the time limits set forth in Step III.parties fail to select an arbitrator within thirty
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It Section 1: A grievance is a complaint arising with respect to wages, hours of work or other
Step 1: The employee, alone or with his representative, shall orally explain his grievance to his immediate supervisor no later than thirty (30) working days after the mutual desire grievance occurs. In the event of a grievance, the employee shall perform his assigned work task and grieve his complaint later. The supervisor shall, within seven (7) working days, orally inform the employee and the representative, where applicable, of his decision.
Step 2: The President of the Parties heretoSOA or his duly authorized and designated representative shall present the grievance and the, that complaints position of employees the SOA in writing to the Director of Police or his duly designated representatives within seven (7) working days. The Director of Police shall answer the grievance in writing within seven (7) working days after receiving written notice of the grievance.
Step 3: If the grievance is not resolved in Step 2, the grievance will be appealed to the Business Administrator or his designee within seven (7) working days after receipt of the written decision of the Director of Police. The Business Administrator or his designee shall answer the grievance in writing within seven (7) working days after receipt of the grievance.
Step 4: Arbitration
Section 2: City Grievance - Grievances initiated by the City shall be adjusted as quickly as possiblefiled directly with the SOA. The A meeting shall be held within 10 days after filing a grievance between the representatives of the City and the SOA in an ▇▇▇▇▇▇▇ or Supervisor effort to adjust the differences between the parties. In the event no such adjustment has been satisfactorily made, either party may file for arbitration in accordance with the provisions of this Article.
Section 3: General Provisions -
(a) Nothing contained herein shall be prevent any employee from presenting his own grievance and representing himself provided notification of all meetings, steps and grievances answers are given to the SOA and the SOA is given the opportunity to adjust a complaint. When a complaint is reduced be present at all steps of the grievance procedure.
(b) The steps provided for herein may be waived by mutual agreement of both parties.
(c) If the City fails to writing it meet and/or answer any grievance within the prescribed time limits as hereinbefore provided, such grievance may be processed the next step.
Section 4: Grievance Forms - The attached grievance forms shall be termed a grievance. Jurisdictional disputes shall not be settled incorporated by reference in this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretationAgreement, application, administration or alleged violation of the Agreement and shall be handled in utilized by aggrieved employees, by the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ SOA, and by the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle City for the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence purpose of a grievance having occurred, it shall be reduced to writing and referred processing grievances filed pursuant to the Local Union’s Business Representative and the Companyprovisions of this Article.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It Section 1. A grievance is an allegation that the mutual desire other party has violated an express provision of this Agreement.
Section 2. In the Parties heretoevent that a grievance is brought by the Employer, it may be initiated directly at Step 2 with the Union Representative, and in the event it is not resolved, it may be referred to arbitration (as hereinafter set forth) by the Employer.
Section 3. In the event that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ the Union or Supervisor shall be given the opportunity to adjust an employee covered by this Agreement has a complaint. When a complaint is reduced to writing grievance, it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled treated in the following manner:
: Step I: The aggrieved party shall One. Before seeking to file a written grievance, employees, in the case of employee grievances, must discuss his complaint the alleged violation with his ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ their Program Director or immediate SupervisorArea Director to try to resolve any issue informally. Step Two. If not resolved at Step One, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to presented in writing and referred by the Union to the Local Union’s Business Representative and Area Director or his/her designee for adjustment within fifteen (15) calendar days following the Company.
Step III: If day the grievance is not settled within thirteen (13grievant(s) working days, excluding Saturday, Sunday and recognized holidays, from the date either knew or had reason to know of the occurrence event giving rise to the grievance. The grievance will be submitted on a mutually-agreed upon form and it shall state the grievance specific article alleged to have been violated and shall proceed to arbitration at specifically name the request individual employee(s) or explicitly defined class of either party.
Step IV: It is understood and agreed that any employees affected by the alleged violation. The Area Director or his/her designee shall answer in writing within seven (7) calendar days of receipt of the time limits herein may be extended by mutual agreement in writing.
grievance. Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation Three. Within five (5) calendar days of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected receiving an answer from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made Area Director or his/her designee (or within five (5) working calendar days excluding Saturday, Sunday and recognized holidays immediately following from the date the
Section 4. Any grievance that is not presented or appealed within the time periods specified in this Article shall be forfeited and waived by the aggrieved party and the Union. The Employer’s failure to respond within the prescribed time periods at any step of the grievance procedure shall be deemed to be a denial of the grievance and shall trigger the start of the time for the Union to proceed to the next step of the grievance process, if it chooses to do so. All time limits may be extended by written mutual agreement of the parties.
Section 5. Except as expressly stated to the contrary in this Agreement, the grievance and arbitration procedure of this Agreement shall be the sole and exclusive means available for resolving grievances arising under this Agreement.
Section 6. Any grievance that has been properly processed pursuant to the grievance procedure as set forth in this Article and has not been resolved at the conclusion thereof, may be referred to arbitration before the American Arbitration Association for resolution under the Labor Arbitration Rules then in effect by the Union filing a Demand for Arbitration with the American Arbitration Association and serving written notice, which may be by email, upon the HR Director, both within fifteen (15) calendar days after the completion of Step IIIThree of the grievance procedure. If the Union fails to file with the American Arbitration Association and/or serve such notice on the Employer of its intent to arbitrate within the time limitation, the grievance shall be
Section 7. The fees and expenses of the American Arbitration Association and the Arbitrator shall be borne solely by the losing party if that party filed the demand for arbitration, provided that the parties first pay their filing fee required by AAA.
Section 8. The award of an Arbitrator hereunder shall be final, conclusive and binding upon the Employer, the Union and the employees.
Section 9. The Arbitrator shall have jurisdiction only over grievances after the completion of the grievance procedure. He or she has no power to add to, subtract from or modify in any way the terms of this Agreement. The Arbitrator shall have no authority to award punitive or exemplary damages. The Arbitrator shall have no power or jurisdiction to base the award on any alleged practice or oral agreement, but may consider such evidence to interpret express language if the Arbitrator finds the language is ambiguous.
Section 10. The Arbitrator shall have the authority to award relief only as to those individuals who are specifically identified by name or in the explicitly identified class in the written grievance as interested parties directly affected by the contract violation alleged in the grievance.
Section 11. If the discipline, suspension or discharge of an employee results from conduct relating to an individual served, and the individual served or their guardian/family/friends does not appear at the arbitration, statements or information provided by the individual served or their guardian/family/friends will be admissible in the same manner as if the person had appeared and testified and the arbitrator shall determine the weight to be afforded to the evidence in the same manner as the arbitrator determines the weight to be provided any other evidence.
Section 12. The Arbitrator shall not hear or decide more than one (1) grievance without the mutual consent of the Employer and the Union.
Section 13. Should it be determined that an employee, other than a probationary employee, was disciplined or discharged without just cause, the employee may be restored to the employee’s former status if appropriate; provided, however, that the Employer shall have the right to credit against any back pay rewarded, any earnings, or remuneration received by the employee during the period involved, including unemployment compensation payments. The Union and employee shall cooperate in providing the Employer such interim earning information upon the Employer’s request. Employees are not eligible for back pay for any period they were out of work during an investigation conducted by, or at the direction of, a third party.
Section 14. Any order of reinstatement by an arbitrator shall be contingent on the employee’s successful completion of all required background checks, training or other pre-hire requirements required by law or regulation. Any employee who fails to satisfy
Section 15. Transfers, reassignments, or removals from an assignment or the workplace at the request of an individual served, the request of the individual served’s guardian or representative, or at the request of a third party with authority to make such a request, shall not be subject to the contractual grievance and arbitration provisions, provided that the documentation of the request is provided in accordance with Article 15 Section 4.
Appears in 1 contract
Sources: Labor Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire A grievance shall consist of a dispute concerning interpretation and application of any clause in this Agreement, alleged violations of the Parties heretoAgreement. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, that complaints of employees the question may be taken up through the Grievance Procedure and determined, if necessary, by Arbitration. There shall be adjusted as quickly as possiblean ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievances promptly through the following steps: Step By a conference between the aggrieved employee and his immediate Manager. The A ▇▇▇▇▇▇▇ or Supervisor a Business Representative shall accompany the griever. Failing settlement, the grievance must be submitted in writing to the Gateway Manager or his designate within working days from the date of the alleged violation of the agreement or from the date that the alleged violation become known to the griever. The day limitation provided shall not deprive an employee or the Union of the right to register a retroactive claim for Health and Welfare Benefits or Pension, where such premiums or benefits have not been paid in line with the provisions of this Agreement. Step Failing settlement at the above step, the Gateway Manager shall render his decision in writing within five (5) working days and shall refer the grievance to and arrange a meeting between the Union and the Gateway Administrative Manager or his designate within the ten (10) working days following the date that the grievance was registered in writing. The meeting shall be given held at the opportunity office of the employee unless otherwise agreed. The Gateway Administrative Manager or his designate shall render his decision in writing within seven (7) working days the date that the grievance was referred to adjust him. Should the parties fail to reach a complaintsatisfactory settlement in the preceding step, the grievance may be submitted to a Grievance Mediator under the provisions of the Canada Labour Code. When Step Failing settlement in the above cited steps the grievance may be referred to arbitration as hereinafter provided. In the event the Union or the Company has a complaint is reduced to writing grievance, it shall be termed the responsibility of the griever to advise the other party, in writing, within seven (7) calendar days of the alleged violation of the agreement and by such notification arrange a grievancemeeting within fourteen (14) calendar days between the Gateway Administrative Manager or his designate and a duly accredited principal officer of the Local Union or his designate. Jurisdictional disputes Should the fail to reach a satisfactory settlement, the grievance may be submitted to a Grievance Mediator under the provision of the Canada Labour Code and/or Arbitration as hereinafter provided. Grievances dealing with discharges and suspensions shall not be settled by this registered in writing within seventy-two (72) hours (Saturdays, Sundays and General Holidays excluded) the time of the discharge or suspension and shall commence with Step of the Grievance Procedure as outlined in Section It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of
a) an employee grievance procedure but rather within fourteen (14) calendar days after the Gateway Administrative Manager or his designate has rendered a decision or failed to render a decision as provided for in Article 8:00.
7:02 Section a Company grievance within fourteen (14) calendar days after the meeting with the Union Representative; a Union grievance within fourteen (14) calendar days after the meeting with the Company’s representative. The parties agree to utilize the services of a sole Arbitrator. A grievance notice of intent to arbitrate shall mean any difference or dispute concerning contain the interpretation, application, administration or alleged violation name of the grieving party’s selection for sole arbitrator. Should the parties fail to agree upon a sole Arbitrator within thirty (30) calendar days the date of the notice of intent to arbitrate, either party may request the Federal Minister of Labour to make the appropriate appointment. The Arbitrator shall not have the right to alter or change any provisions of this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. The Arbitrator however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Board. The Arbitrator’s decision shall be handled final and bind the Company, the Union and the Each of the parties hereto will equally bear the fees and expenses of the sole Arbitrator. All monetary grievances that are mutually agreed upon shall be paid the following pay period, either by separate cheque or, in the following manner:
Step I: The aggrieved party alternative, the employee’s regular cheque shall discuss his complaint with his ▇▇▇▇▇▇▇ be accompanied by a written statement outlining the amount and grievance settlement involved. Any employee covered by this Agreement when called into the Company’s office for any discussion, which may result in disciplinary action or a grievance, may, upon request, be accompanied by a ▇▇▇▇▇▇▇ or immediate Supervisora Business Representative. A grievance, who once submitted in writing, shall endeavor to settle not be withdrawn or settled when such withdrawal or settlement of such grievance is, in the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date opinion of the occurrence giving rise to Union, not in concert with the grievance the grievance shall proceed to arbitration at the request provisions of either party.
Step IV: It is understood and agreed that any of the this Agreement. The time limits herein provided for in Article are mandatory and may only be extended by mutual agreement in writing.
Step V: Any grievance between the Company or and the Union. All action will be removed from employees’ personnel record after a period of twenty four (24) months fi-om date of issuance. Upon a request in writing, an employee may review his personnel file, in the presence of a Company representative and if he so chooses with his Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step IIRepresentative.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 Section 1: A grievance is a complaint, dispute, or controversy in which it is claimed that the Company has failed to comply with an obligation assumed by it under the terms of this Agreement, and which involves either (1) a disagreement as to the facts involved; (2) a question concerning the meaning, interpretation scope, or application of this Agreement; or (3) both.
Section 2: It is the mutual desire agreed that there shall be a grievance committee of the Parties hereto, that complaints of employees union at the Plant whose duty it shall be adjusted as quickly as possible. The to make an ▇▇▇▇▇▇▇ effort to settle any grievances or Supervisor differences that might arise between the Company and the employees as to working conditions, discharges, seniority rights, layoffs, and re-call. The company agrees to meet with such committee to resolve grievances.
Section 3: It is agreed that unless such meetings would interrupt operations of the plant’s production or otherwise interfere with working schedules, all grievances shall be given taken up during the opportunity working hours.
Section 4: Either party may request an extension of the time limits in the grievance procedure. However, such extensions must be mutually agreed to adjust a complaint. When a complaint is reduced in writing.
Section 5: If the Company does not answer the grievance within the specified time limits at any step, the Union shall have the right to writing it shall refer the grievance to the next step.
Section 6: In discharge cases only, the grievance may be termed a grievance. Jurisdictional disputes shall not be settled by this initiated at Step 3 of the grievance procedure but rather as provided for in Article 8:00within seven (7) calendar days of the discharge.
7:02 A Section 7: It is understood that any employee who feels that he / she has a just grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled process it in the following manner:
Step I1: The aggrieved party employee and / or Union Representative shall discuss his complaint with his ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred refer to the Local Unionmatter to the employee’s Business Representative and the Company.
Step III: If the grievance is not settled immediate supervisor within thirteen seven (137) working days, excluding Saturday, Sunday and recognized holidays, from the date calendar days of the occurrence giving rise to of the grievance. Failing satisfactory settlement of the grievance, the employee shall present the grievance the grievance shall proceed in writing to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made his immediate supervisor within five (5) working calendar days excluding Saturdayof the initial referral.
Step 2: The Manufacturing Unit or Plant Manager and / or his representative shall hold a meeting and give an answer within ten (10) calendar days of the submission in writing. If the decision of the Manufacturing Unit or Plant Manager and / or his representative is not satisfactory to the grievance committee, Sunday and recognized holidays immediately following the time limits set forth committee may within seven (7) calendar days present the grievance in writing to Step 3 or the grievance will be considered dropped.
Step 3: If the written grievance, as submitted in Step III2, has not been satisfactorily settled, the Union shall have the right to refer the grievance to an International Representative of the Union and / or their representative who shall arrange a meeting with the Plant Human Resources Manager and / or his representative to occur within thirty (30) calendar days of the receipt of the Step 2 answer. The Plant Human Resources Manager and / or his representative shall give an answer in writing within fourteen (14) calendar days after the meeting. If the Company does not answer in writing the grievance within the fourteen (14) day period, the grievance shall be considered settled in favor of the Union on a non-precedent setting basis. The above sentence does not apply in cases of discipline or discharge.
Step 4: If the written grievance has not been satisfactorily settled in Step 3, the grievance may be appealed to arbitration within thirty (30) calendar days of the receipt of the Step 3 answer or it will be considered dropped. Grievance appealed to arbitration shall be processed as follows:
(A) The Company and the Union shall mutually agree upon the impartial arbitrator. If they are unable to agree upon an impartial arbitrator within ten (10) calendar days after such arbitration has been requested, the Director of the Federal Mediation and Conciliation Service shall be requested to submit to both parties a panel of arbitrators. An arbitrator from this panel shall be accepted by agreement of both parties, or by striking names alternately until only one
(1) name remains. Such appointments shall be final and must be accepted by both parties.
(B) The fee and all expenses of the arbitrator shall be borne equally by the company and the Union, provided, however, that the fees and expenses of witnesses, the cost of documentary evidence and matters of that nature shall in all cases be borne by the parties procuring the same.
(C) If it is determined at arbitration that an employee has been discharged or suspended unjustly, he may be compensated for loss of seniority and earnings at the discretion of the arbitrator.
(D) The arbitrator’s awards and opinions shall only involve the interpretation or application of this Agreement and shall be final and binding on both parties. Section 8: Duties of the Arbitrator are to hear and render decisions on disputes within his jurisdiction certified to him in accordance with the terms of this Agreement. The arbitrator shall regard the provisions of this Agreement as the sole and complete manual understanding governing the relationship of the Parties. The arbitrator’s function is to interpret and apply the specific provisions of the Agreement and to decide cases of violation or noncompliance with those provisions.
Appears in 1 contract
Sources: Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning is defined as the interpretation, application, administration or alleged violation of a specific provision of this Agreement and/or an appeal of disciplinary action imposed upon a member of the Agreement and shall be handled in the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle the complaintunion.
Step II: I An employee believing he hasthey have cause for complaint shall first discuss it with the issuing supervisor, with or without the assistance of the Association representative. A problem shall not become an official grievance until the issuing supervisor has had an opportunity to contact the Chief, or his designee to discuss the problem and attempt to resolve the complaint. The issuing supervisor shall give the employee a verbal answer within seven days after the verbal presentation of the complaint to him. Such complaint shall be presented verbally by the employee within seven days after the occurrence of the event, unless the employee is on vacation or leave at the time of the event and has no knowledge of the occurrence of the event, in which instance he or she shall have seven days from the date of return which to file.
Step II If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from resolved at Step I the date there is evidence of a grievance having occurred, it shall be reduced to writing writing, signed by the aggrieved employee on a form agreed to by the Town Manager and referred the Association and delivered to the Local UnionPolice Chief or the Police Chief’s Business Representative his designated representative within seven days of receiving the issuing supervisor’s verbal answer. The Police Chief or the Police Chief’s designated representative his designee shall have seven days from the date of presentation to formulate and submit hisa response to the Companygrievance. The Police Chief or the Police Chief’s designated representativeHe shall then return the grievance to the President of the local Association.
Step III: If III Should the grievance still remain unresolved following Step II, the employee can submit the grievance in writing to the Town Manager within seven days of receipt of the Step II response. Likewise, if the grievance is not settled an appeal of an action taken by the Police Chief, then the grievant shall grieve directly to the Town Manager, but must do so within thirteen (13) seven working daysdays of the Police Chief’s action. A meeting will be held with the Town Manager, excluding SaturdayPolice Chief, Sunday Grievant, and recognized holidays, Local President. A Representative of the New England Police Benevolent Association may attend. Legal counsel for the town may be present. The Town Manager shall have seven days from the date of the occurrence giving rise meeting in which to submit his answer in writing on the grievance and return it to the grievance Association. or by a date mutually agreeable. Should the answer at Step III prove not to be satisfactory, the Association may submit the grievance to Arbitration for final disposition and notify the Town Manager in writing, sightingciting the specific clause violated. The filing of the grievance would be made within thirty days from receipt of the Town Manager’s answers. The Association wouldmust submit the grievance to the Federal Mediation and Conciliation Services, Arbitration Division. Upon receipt of the panel of names, the Association would strike three names and the Town would strike three names and the remaining name would be the arbitrator. The authority of the arbitrator shall proceed be limited to arbitration at the request terms and provisions of either party.
Step IV: It is understood and agreed that the Agreement. The arbitrator shall not have the authority to establish salaries or wages, or add to, subtract from, modify or otherwise change any of the time limits herein may terms or provisions of this Agreement unless the Town exercises its rights under Article 9 entitled, Hours of Work/Pay Period. The expenses of the arbitrator shall be extended shared equally by the Town and by the Association. The decision of the arbitrator shall be in writing and set forth the reasoning of the decision and shall, subject to law, be binding on all parties. Nothing shall prohibit the Town and the Association from, if they desire, selecting an arbitrator(s), by mutual agreement in writing.
Step V: Any to be the sole arbitrator(s) for grievances arising from this Agreement. AT ALL STEPS OF THE GRIEVANCE PROCEDURE, A GRIEVANT SHALL HAVE THE RIGHT TO UNION REPRESENTATION. Failure of the Association to observe the agreed upon time limits shall constitute abandonment of the grievance between and settlement on the Company basis of the last Town answer, without setting a precedent. Failure of the Town to observe the agreed upon time limits shall constitute abandonment of the grievance and settlement desired by the grievance, without setting a precedent. Either the Town or the Union concerning Association may extend any deadline decision by mutual consent. Notwithstanding anything herein to the interpretationcontrary, applicationthe Town will comply with the statutory requirements of 24 V.S.A. §1932 et seq. Or any amendments thereto, administration or alleged violation of unless the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from officer waives his rights in writing as permitted by the list of Arbitrators statute. However, an employee may proceed in Appendix “Q” only one manner. He must elect to hear any grievance which has been referred to arbitration proceed pursuant to this AgreementArticle or pursuant to 24 V.S.A. §1932. Selection The Town and Association will not entertain hypothetical cases to be grieved, only those that result from actual behavior. This does not prohibit ongoing communication or resolution between the Town and Association on any question or issue of this agreement. The Association recognizes that employee’s daily and weekly schedules are based on law enforcement requirements and the public safety needs of the community, and are subject to change. The Town necessarily retains the right to schedule employees for work, and it is the obligation of the employee to work as scheduled. The pay period will be biweekly, for a two-week period, or portion thereof, ending the preceding Saturday. When a scheduled pay day falls on a legal holiday, pay checks are available the last work day prior to the scheduled pay day. The pay period for patrol supervisors, patrol officers, dispatchers, parking enforcement officers 80 hours within a period of 14 consecutive days. The pay period for the animal control officer shall be in rotation 60 hours within a period of 14 days. The clerks shall have a 75 hour pay period. The work day shall consist of a 7½, 8, 10, or 12 hour day within a period of 24 consecutive hours beginning with the first listed arbitrator starting time and will continue sequentially ending at the starting time the following day. The Town reserves the right to change the regular starting and quitting time of a shift, to abolish existing shifts or to create new or additional shifts, to establish new day-off schedules, or to transfer employees from one regular shift to another regular shift. Prior to instituting any such change the Association shall be consulted and provided with an opportunity to express its view on the subject, unless the change is required in an emergency, in which event this consultation shall take place as soon as practical. The decision to make a change shall not be arbitrary or capricious; however, the sole and final authority to make the change shall reside with the Town and shall not be subject to availability of those individual arbitrators.
Step VII: Both Parties grievance or arbitration. Any such change shall be posted promptly, and to the dispute shall share equally extent that operating conditions permit, the expenses and fees Town will give seven (7) days’ notice before any such change is instituted. Employees, with prior approval of the Arbitrator.
Step VIIIPolice Chief, or the Police Chief’s designated representativehis designee, may swap shifts or days off. In a good faith effort to accommodate the wishes of the Association, the Town is willing to allow shift bidding by seniority during the term of this agreement. Shift bidding for Police Officers Each sworn member of the collective bargaining unit shall have the opportunity to bid for an assignment on the basis of seniority. Probationary employees and other employees not part of the collective bargaining unit shall have no bidding rights whatsoever. The Police Chief shall have discretion in limiting the number of positions available on each shift to insure that staff is spread over each shift efficiently but generally, each shift will be staffed by 1 Lieutenant, 1Sergeant, and 5 patrol officers. Both parties acknowledge that from time to time a shift vacancy will become available to be filled outside of the normal shift bidding time frame. This could occur due to the completed training of additional personnel, the departure, promotion, or transfer of an employee, or any other reason. When this occurs, and at the discretion of the chief of police, shift bidding will be opened for positions that have become available. All members of the collective bargaining unit who would ordinarily be eligible to bid can bid for the position by seniority. Employees can only bid for the open position. That movement may then open another position for possible bidding, creating a second bidding opportunity. The circumstances described in this paragraph will not open the entire shift bidding process for all shift positions. The actual process of bidding shall involve: A request to proceed to arbitration Each calendar year shall be made within five up of two (52) working days excluding Saturdayshift assignment periods; January 1st through June 30th, Sunday and recognized holidays immediately following July 1st through December 31st. No later than May 15th for the first shift assignment period and no later than November 15th for the second shift assignment period, the Police Cchief or the Police Chief’s designated representativehis designee shall post a list of shifts available for bidding for the next period along with a seniority list that is accurate as of June 30th or December 31st of the current period. Employees who become eligible to bid after May 15th but before June 30th or after November 15th, but before December 31st of the current period; will be allowed to bid for shifts. Employees eligible to bid shall write their names into available shift slots in order of seniority. Once the slots are all filled or all eligible members have written in their name, an elected member of the collective bargaining unit shall sign and date the shift bidding sheet and submit it to the Police Cchief or the Polcie Chief’s designated representativehis designee. In the event that slots are not filled due to a shortage of employees or there are more employees then there are slots to fill, the chief of police shall have sole discretion for the assignment of personnel. The Police Cchief or the Police Chief’s designated representative his designee shall post shift assignments no later than June 15th and December 15th of each year. In order to assist the affected employees in their personal scheduling, once the bidding process is completed, the starting and finishing time limits set forth of any shift may be modified by no more than two hours either way. Notwithstanding anything recited above to the contrary, the Town retains the right to remove an individual from a shift assignment and fill that shift assignment with another individual in Step IIIthose instances, in the Chief’s judgment, where such a change is warranted. Such instances include, but are not limited to, employee burnout, disciplinary action, employee family crisis, shortfalls due to sickness, or occasions involving allegations of sexual harassment or employment discrimination. The Chief’s decision shall not be arbitrary and may be appealed to the Town Manager. The Town Manager’s decision shall be final and shall not be subject to review or grievance of any kind. Any appeal shall not postpone the decision of the Chief, but the employee affected shall have the right to an explanation and an opportunity to be heard and present his or her response to the Chief prior to the transfer being imposed. In the event that a transfer is ordered by the Police Chief or the Police Chief’s designated representative his designee, rebidding shall be open to all employees of the collective bargaining unit eligible for the shift opening in a less senior position to the individual removed from the shift. However, no rebidding shall occur in the event that a shift transfer is made during the last two months of the shift assignment period at which time the Chief shall complete the shift transfer and reassignment with no subsequent rebidding until the annual bidding process is initiated once again according to the process described above. Shift bidding for Brattleboro Central Dispatch In a good faith effort to accommodate the wishes of the association, the Town is willing to allow shift bidding by seniority during the term of this agreement. Each Full Time Dispatcher shall have the opportunity to bid for a shift based on seniority. The shift assignment shall run from the first pay period in July through June of any given year. No later than May 15 of each year the Chief Dispatcher after choosing his/hertheir shift shall post a list of available shifts for bidding for the next year along with a seniority list that is accurate as of April 30 of the current year. Dispatchers shall write their names into the available slots in order of seniority. Once the slots are all filled and all the Dispatchers have written their name, an elected member of the collective bargaining unit shall sign and date the shift bidding sheet and submit it to the Chief Dispatcher. In the event that shifts are not filled due to a shortage of Dispatchers, the Chief Dispatcher shall have sole discretion for the assignment of personnel. The Chief Dispatcher shall post shift assignments no later than June 15th of each year, in order to assist the affected dispatchers in their personal scheduling. In the event that a shift becomes available due to transfer or resignation, rebidding shall be open to all dispatchers eligible for the shift opening in a less senior position to the individual removed from the shift. However no rebidding shall occur in the event that a shift is made open during the three months prior to the annual bidding process and no shift transfers once shift bidding is initiated. Once completed shift swaps and transfers shall be at the sole discretion of the Chief Dispatcher. Any individual wishing to request a shift transfer may state his/hertheir explanation to the Chief Dispatcher and the decision shall be that of the Chief Dispatcher. The decision may be appealed to the Town Manager. The Town Managers decision shall be final and shall not be subject to review or grievance of any kind.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 36.01 A grievance shall mean is defined as any difference or dispute concerning arising between the Union and the Company relating to the interpretation, application, administration or alleged violation of the Agreement Agreement, including any question as to whether a matter is arbitrable.
36.02 There are three types of grievance under this collective agreement:
(a) An Individual Grievance, which is an unresolved complaint of an individual employee wherein he or she believes that the collective agreement has been improperly interpreted, applied or administered to his or her detriment. An Individual Grievance may be submitted at Step 1 of the grievance procedure following the attempt to try to resolve the matter as per 36.04.
(b) A Group Grievance, which is an unresolved complaint of a group of employees wherein they believe that the collective agreement has been improperly interpreted, applied or administered to their collective detriment. A group grievance may be submitted at Step 1 of the grievance procedure within ten (10) days of when the employees became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred.
(c) A Policy Grievance which is an unresolved issue arising between the Union and shall the Employer around the interpretation, application or administration of the collective agreement but does not include matters which could be handled pursued either as an Individual or Group Grievance. A policy grievance may be submitted by the Union or the Employer at Step 2 of the grievance procedure within ten (10) days of when the party became or ought reasonably to have become aware that the circumstances giving rise to the grievance occurred.
36.03 For the purpose of this Article, reference to "days" relating to Steps in the following manner:grievance and arbitration procedure shall mean calendar days.
Step I: 36.04 Employees who have a complaint shall first take the matter up with their supervisor/Manager within five (5) days when the cause of the complainant occurred or ought to have reasonably come to the attention of the employee. The aggrieved party shall discuss his complaint with his employee may be accompanied by a ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate may also discuss the matter with the Supervisor, who shall endeavor /Manager before the grievance is committed to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: writing. If the grievance is not settled resolved within thirteen four (134) working daysdays of its first being raised, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein it may be extended by mutual agreement taken in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator following manner and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.sequence:
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It The parties to this Collective Agreement are agreed that it is the mutual desire of the Parties hereto, that utmost importance to adjust complaints of employees shall be adjusted and grievances as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given For purposes of this Collective Agreement; a grievance is defined as a difference arising between the opportunity parties relating to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement Agreement, including any question as to whether a matter is arbitrable and working days shall be handled deemed to mean the employees days actually at work, excluding Saturdays, Sundays, and Statutory Holidays. At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of right in advance.
(a) which usurps the function of management, as set out in the following manner:
Step IAgreement; or where the circumstances giving rise to it occurred or originated more than five full working days before the filing of this grievance; which has not been carried through the steps of the grievance procedure within the various time limits. It is understood that an employee has no grievance until the matter has been referred to immediate supervisor and an opportunity given to adjust the complaint. A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The aggrieved party employee shall discuss present his complaint with his grievance in writing to immediate supervisor. shall have the assistance of ▇▇▇▇▇▇▇ if so desires. Such grievance must be signed by the employee claiming to be grieved. Grievances shall specify the clause or clauses in the Collective Agreement, which it is believed the Hospital has violated, shall state the particulars in dispute and the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor remedy sought. If a settlement satisfactory to settle the complaint.
Step II: If the complaint employee concerned is not settled reached within three (3) working days, the next step in the grievance procedure may be taken at any time within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a thereafter. The aggrieved employee may submit written grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative Program Manager who shall consider it in the presence of the person or persons presenting same and the Company.
Step III: If supervisor, and shall render decision in writing. The aggrieved employee shall have the grievance is not settled assistance of ▇▇▇▇▇▇▇, if so desires. Should no settlement satisfactory to the employee be reached within thirteen three (133) working days, excluding Saturday, Sunday and recognized holidays, from the date of next step in the occurrence giving rise grievance procedure be taken at time within three working days thereafter. The aggrieved employee may submit written grievance to the grievance the grievance shall proceed to arbitration Program Manager, Human Resources. The Union may be present at this stage at the request of either party.
. When an immediate supervisor and Program Manager are one and the same person, Step IV: It is understood will be omitted and agreed that any the grievance may proceed from Step to Step The Program Manager, Human Resources may convene a meeting of the time limits herein parties concerned to consider the grievance and will reply to the grievance in writing within three ( 3 ) working days (or a longer period, which may be extended by mutual agreement in writing.
Step V: Any mutually agreed upon). If a final settlement of the grievance between under Section hereof is not completed within ten working days after deliberations have commenced and if the Company or the Union concerning grievance is one which concerns the interpretation, application, administration or alleged violation of the Agreement Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred by either party to a Board of Arbitration as provided in Article below at any time within ten (10) days thereafter, but not later. Any grievance affecting more than one employee, any grievance brought forward by management, or any Union policy grievance shall be dealt initiated under Step No. of the grievance procedure. Both parties to this Collective Agreement agree that any dispute or grievance, as defined in Article which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, may be referred to a Board of Arbitration at the request in writing of either of the parties hereto. The Board of Arbitration will be composed of one person appointed by the Hospital, one person appointed by the Union and a third person to act as Chairman chosen by the two appointees to the Board, or the parties may agree to a single Arbitrator. Within ten (10) working days of the request by either party for a Board, each party shall notify the other of the name of its appointee. Should the person chosen by the Hospital to act on the Board and the person chosen by the Union fail to agree on a third person within fourteen (14) working days of the notification mentioned in above, the Ontario Labour Relations Board will be asked to nominate an impartial chairman, who shall be a person other than a civil servant. Such request must be made by the party wishing to further process the grievance. The decision of a Board of Arbitration, or a majority thereof, constituted in the above manner shall be final and binding on both parties. The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with commencing with Step II.
Step VI: A single Arbitrator the terms and provisions of this Agreement. Each of the parties to this Agreement will bear the expenses of their appointee and of their own witnesses, and the parties will jointly and equally bear the expenses, if any, of the Chairman. No person shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which as arbitrator who has been referred directly involved in attempts to arbitration pursuant negotiate or settle the grievance. Where both parties agree, a single arbitrator may be substituted for an Arbitration Board. In such case, the parties shall endeavour to this Agreement. Selection shall agree on the selection of an arbitrator and in the event that they fail to do so, the Ontario Labour Relations Board will be asked to nominate an arbitrator, in rotation beginning accordance with the first listed arbitrator and will continue sequentially subject to availability provision of those individual arbitratorsArticle above.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It A. For the purpose of this Agreement, a grievance is defined as a dispute between the mutual desire of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute parties concerning the meaning, interpretation, application, administration application or alleged violation by the Company of the express terms of this Agreement and or a claim by the Union that an employee was disciplined without just cause.
B. Grievances meeting the above definition shall be handled processed in the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within Grievances concerning suspensions of three (3) working days excluding Saturdayor more days, Sunday and recognized holidays, or termination from the date there is evidence of a grievance having occurred, it employment shall be reduced to writing and referred to processed at STEP TWO, with seven (7) calendar days permitted for the Local Union’s Business Representative and initial filing of the Company.
Step III: If grievance. In the event the grievance is not settled resolved at STEP TWO, the Union may refer the Grievance to arbitration by written notice to the General Manager within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from 30 calendar days following the date of the occurrence giving rise General Manager’s or designee’s response in STEP TWO. Mediation Option- In the event that the grievance process has been unsuccessful the parties may upon mutual agreement defer the arbitration process reflected herein and seek to resolve the grievance by use of Mediation. Agreement to use the mediation process will not negate either party’s right to the grievance timely use of the grievance shall proceed to arbitration at the request of either partyprocess should mediation not result in a resolution.
Step IV: It is understood C. After a demand for arbitration has been made, within seven (7) calendar days the Union shall submit a request to the Federal Mediation and agreed that any Conciliation Service (FMCS) for a list of seven (7) names of impartial Arbitrators in the region nearest to the Company’s premises. The Union shall have the option of suggesting an individual arbitrator, subject to approval of the time limits herein may be extended Company. A decision by mutual agreement in writing.
Step V: Any grievance between the Company or to not accept the suggested individual arbitrator shall not be grieveable and shall be final. Such action by the Company shall result in the FMCS procedure being followed. The Company and the Union concerning the interpretationshall, application, administration or alleged violation within seven (7) calendar days following receipt of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators from FMCS, alternately strike names from the list until only one (1) name remains. A coin flip will determine which party strikes first at the initial arbitration. At subsequent arbitrations the order of who strikes first shall be alternated. 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 arbitrators at their cost.
D. It is understood that the Arbitrator shall be without authority or jurisdiction to add to, remove from, alter, or otherwise amend in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to way any provision of this Agreement. Selection The jurisdiction and authority of the Arbitrator shall be for the determination of such grievance, expressly limited to the interpretation, application and compliance with the provisions of this Agreement and supplements or appendices hereto, relating to the rates of pay, hours or other conditions of work, as set forth in the Agreement.
E. The salary and all expenses of the Arbitrator, and the cost of FMCS panel, 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 rotation beginning with writing and served on the first listed arbitrator Company and will continue sequentially subject Union. The decision of the Arbitrator shall be final and binding upon the Company and the Union. In no event may an Arbitrator’s decision provide for a back pay remedy in excess of ten (10) workdays prior to availability of those individual arbitratorsthe date the underlying grievance was filed.
Step VII: Both Parties G. It is the intent of the parties that the time limits provided for shall be strictly adhered to. Exceptions to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration foregoing time limits shall be made within five (5) working days excluding only upon mutual written agreement of the parties. Should the Company respond in an untimely manner to a Grievance at Step One or Step Two according to the time periods set forth above, the Grievance shall proceed to the next step. If the grievance must progress to the next step due to the Company’s failure to respond in a timely manner, all time limits shall be extended an additional 30 days. If a time limit expires on a Saturday, Sunday and recognized holidays immediately following Sunday, or holiday, the time limits set forth in Step IIIfinal day shall be the next business day.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It Section 16.1. Employees will follow all lawful written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein. The following rule applies to all employees: Follow the order first; grieve later. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, the following is the mutual desire sole and exclusive method for the resolution of grievances, which are defined as disputes involving the interpretation or application of the Parties heretospecific provisions of this Agreement, that complaints except Management Rights, and all disciplinary actions involving suspensions greater than 24 working hours, certain demotions and/or dismissals; however, arbitration is limited further as set forth below. The Town need not entertain or process under this Article any dispute or other matter not meeting this definition. Performance evaluations are not subject to the grievance or arbitration process.
Section 16.2. For the purpose of employees this Article, time is considered to be of the utmost importance. Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with the time limits provided below shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement considered conclusively abandoned and shall be handled barred, forfeited, and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered by management within the prescribed time limit may be advanced to the next step.
Section 16.3. No grievance will or need be entertained or processed unless prepared in writing in the manner described herein, and unless filed in the manner provided herein within the time limit prescribed herein. The Union is under no obligation to process a grievance for an employee who is not a member of the Union; therefore, nonmembers of the Union who are covered by this Agreement shall be responsible for filing their own grievances.
Section 16.4. Grievances shall be presented in the following manner:
Step I1: The aggrieved party employee with or without a union representative shall discuss his complaint with his ▇▇▇▇▇▇▇ first present the grievance in writing and dated to the Police Chief within ten (10) calendar days of the occurrence of the event(s) which gave rise to the grievance. The written grievance at this step and all steps thereafter shall contain the following information:
1. A statement of the grievance, including the date of occurrence, and factual basis for the grievance;
2. The Article and section number of the Agreement alleged to have been violated;
3. The action, remedy, or solution requested by the employee or Union representative; and
4. The signature of the aggrieved employee and the ▇▇▇▇▇▇▇ signature of the Union representative or immediate SupervisorUnion agent. The Police Chief shall respond, who shall endeavor to settle in writing, within twenty (20) calendar days of receiving the complaintwritten grievance.
Step II2: If In the complaint event that the employee is not settled within three (3) working days excluding Saturdaysatisfied with the disposition of the grievance at Step 1, Sunday and recognized holidaysby the Police Chief, from the date there is evidence of a grievance having occurred, it aggrieved employee/Union representative shall be reduced have the right to writing and referred appeal the decision to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled Town Manager within thirteen ten (1310) working days, excluding Saturday, Sunday and recognized holidays, from calendar days of the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any issuance of the time limits herein may be extended by mutual agreement decision of the Police Chief. The Town Manager may, but need not, hold a meeting with the grievant and Union representative. The Town Manager shall, within twenty (20) calendar days of the Town Manager’s receipt of the appeal, render a decision in writing.
. Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.3:
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is specifically agreed and understood that there shall be a procedure for the mutual desire resolution of disputes between the parties. For the purpose of this Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation or application of this Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary action under Article 17.
2. For the purpose of this Article, time is considered to be of the Parties heretoutmost importance. Accordingly, that complaints of employees any grievance not submitted and/or processed by the grieving party in accordance with the time limits provided below shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement considered exclusively abandoned and shall be handled barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered or processed by the VILLAGE within the time limits provided below shall be deemed resolved in favor of the grievant.
3. Grievances shall be presented in the following manner:
Step I1: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and In the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date event an employee covered by this Agreement believes that there is evidence a basis for a grievance, as that term is defined above, the employee shall first discuss the alleged grievance with the immediate supervisor, and may be accompanied by a representative of a grievance having occurredthe employee's choice, it if so desired. This first discussion shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled take place within thirteen ten (1310) working days, excluding Saturday, Sunday and recognized holidays, from the date calendar days of the occurrence of the events which gave rise to the alleged grievance, or within ten (10) calendar days of when the employee knew or should have known of the existence of the events giving rise to the grievance the grievance shall proceed to arbitration at the request of either partyalleged grievance.
Step IV2: It In the event that the employee is understood and agreed that any not satisfied with the disposition of the time limits herein grievance at Step 1, the employee may file a formal grievance. Such a grievance must be extended by mutual agreement in writingfiled within ten (10) calendar days after the informal discussion is held at Step 1.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is The Employer guarantees to every employee covered by this Agreement that their status will not be prejudiced in any manner due to the mutual desire fact that they have taken the action of carrying grievances to higher management levels when there has been failure to settle their complaints or grievances satis- factorily through their immediate supervisors. The procedure for the Parties hereto, that complaints discussion of employees any questions or problems which might arise concerning working condi- tions shall be adjusted as quickly as possible. The follows: By discussion between the employee concerned jointly with Local Union Representative,the ▇▇▇▇▇▇▇ ▇, or Supervisor Manager. The grievance shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it at Step It shall then be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference discussed between the employee concerned jointly with the Vice-president, or dispute concerning Local Union Representa- tive, the interpretation, application, administration or alleged violation of the Agreement and shall be handled in the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ ▇, the Manager and/or District Manager or Superintendent. Where the Manager mentioned in Step reports directly to the Regional Director, the Manager will act for the Com- pany in both Steps and and, where mutually agreeable, both Steps may be handled at the same meeting. Between the employee concerned with the President, a Representative, the ▇▇▇▇▇▇▇ or immediate SupervisorManager, who shall endeavor to settle the complaint.
Step II: If Superintendent or District Manager, and the complaint is Regional Director or representative. Should the matter not be settled within three fifteen (315) working days excluding Saturdayof the date the written grievance is filed or such longer time as may be mutually agreeable, Sunday and recognized holidays, the issue may be sub- mitted to Arbitration as provided by this Agreement. Grievances will not be submitted to arbitration if ninety (90) days have elapsed from the date there is evidence of a grievance having occurred, third step meeting was held. Either party will get an extension if they request it shall in writing. Arbitration hearings will be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date held in one of the occurrence giving rise following locations: Ottawa, Sudbury, Toronto, Windsor. The locality to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended selected by mutual agreement in writing.
Step V: Any grievance between agreement, however, failing agree- ment, the Company or Chairman shall set the Union concerning place for the interpretation, application, administration hearing. Should the matter at issue involve the misinterpreta- tion or alleged violation of the Agreement Agreement, either party shall have the right to submit the matter to an Arbitrator. In the event the parties fail to agree upon an Arbitrator, the Min- ister of Labour for the Province of Ontario shall be dealt with commencing with Step II.
Step VI: A single requested to name a person to act as Arbitrator. The decision of the Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant final and binding on both parties to this Agreement. Selection The Arbitrator shall be not have anyjurisdiction to alter or change any of the provisions of this Agreement nor to substitute any new provisions in rotation beginning lieu thereof, nor to give any decision incon- sistent with the first listed arbitrator terms and provisions of this Agreement. The parties will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to jointly bear the dispute shall share equally the expenses and fees expense of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the time limits set forth in Step III.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire 5.01 A grievance shall consist of a dispute concerning interpretation and application of any clause in this Agreement, alleged violations of the Parties heretoAgreement, that complaints and alleged abuses of employees discretion by supervision in the treatment of Owner-Operators contrary to the terms of this Agreement. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, the question may be taken up through the grievance procedure and determined, if necessary, by Arbitration.
5.02 There shall be adjusted as quickly as possible. The an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievances promptly through the following steps:
01) By a conference between the aggrieved Owner-Operator and the Branch Manager, if any, and/or his designate. Failing settlement, the grievance must be submitted to the Company in writing and received by the Company within seven (7) calendar days from the date of the alleged violation of the Agreement. Failure to comply with the above is an automatic waiver of any grievance.
02) Failing settlement at the above step, the Branch Manager shall render his decision in writing, and shall refer the grievance to and arrange a meeting between the Union and the General Manager or Supervisor his designate within seven (7) calendar days from the date that the grievance was registered in writing. The General Manager or his designate shall be given render his decision in writing within seven (7) calendar days from the opportunity to adjust date of that meeting
03) In the event the Union or the Company has a complaint. When a complaint is reduced to writing grievance it shall be termed the responsibility of the griever to advise the other party in writing within seven (7) calendar days and received by the party of the alleged violation of the Agreement, and by such notification arrange a grievancemeeting within fourteen (14) calendar days between the General Manager or his designate and the Representative of the Union or his designate. Jurisdictional disputes Should the griever fail to reach a satisfactory settlement, the grievance may be submitted to a Board of Arbitration as outlined in 5.02.04.
04) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievances may be submitted to an Arbitration Board.
05) Grievances dealing with discharges, discipline and suspensions shall not be settled registered in writing and received by this the Company notwithstanding subsection 5.03.01, within seventy-two (72) hours (Saturdays, Sundays and General Holidays excluded) from the time of the discharge or suspension and shall commence with the second step of the grievance procedure but rather as outlined in subsection 5.02.02.
5.03 It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing and received by the other party in the case of:
01) an employee grievance within fourteen (14) calendar days after the General Manager or his designate has rendered a decision or failed to render a decision as provided for in Article 8:005.02.02.
7:02 02) a Company grievance within fourteen (14) calendar days after the meeting with the Union Representative;
03) a Union grievance within fourteen (14) calendar days after the meeting with the Company’s Representative. A grievance notice of intent to arbitrate under the foregoing provision shall mean any difference or dispute concerning contain the interpretation, application, administration or alleged violation name of the Agreement aggrieved party’s nominee to the Board of Arbitration and within fifteen (15) calendar days from the receipt of the notice of intent to arbitrate, the other party must in turn name their nominee. A third member to act as Chairman shall be handled appointed by the respective nominees. Should either party fail to name their nominee within the required fifteen (15) calendar days or should the nominees fail to select a Chairman within thirty (30) calendar days from the date of their appointment, either party’s nominee shall request the Federal Minister of Labour to make such appropriate appointment.
5.04 The Board of Arbitration shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in this Agreement or to give any decision inconsistent with the following manner:terms and provisions of this Agreement.
Step I: 5.05 Each of the parties hereto will bear the expense of their nominee to the Board of Arbitration and the parties will equally bear the fees and the expenses of the Chairman.
5.06 The aggrieved party Company shall discuss his complaint with his not be responsible for the payment of time used by a ▇▇▇▇▇▇▇ in the investigation and the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle the complaintsettlement of a grievance.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall be reduced to writing and referred to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any 5.07 Either party may ask for an extension of the time limits herein may be extended limits, and by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretationagreement, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made within five (5) working days excluding Saturday, Sunday and recognized holidays immediately following the such time limits set forth as specified in Step IIIthis Article will be extended.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It is the mutual desire 7.1 In this Article, a grievance will consist only of a dispute concerning interpretation and application of any clause in this Agreement; alleged violations of the Parties hereto, that complaints Agreement and discipline or discharge of employees without reasonable cause. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, the question may be taken up through the grievance procedure and determined if necessary by Arbitration. There shall be adjusted as quickly as possible. The an ▇▇▇▇▇▇▇ or Supervisor shall be given effort on the opportunity part of both parties to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this settle such grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled in promptly through the following manner:
Step I: The aggrieved party shall discuss his complaint with his steps. An employee called into the Employer’s office for disciplinary matters may, upon request, be accompanied by a Union ▇▇▇▇▇▇▇ ▇. Copies of disciplinary notices will be given to the employee involved, the Union, and the Union ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle ▇. Any disciplinary action taken by the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurred, it shall Employer must be reduced to writing and referred issued to the Local Union’s Business Representative and the Company.
Step III: If the grievance is not settled within thirteen (13) working days, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single Arbitrator shall be selected from the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees of the Arbitrator.
Step VIII: A request to proceed to arbitration shall be made employee within five (5) working days excluding Saturdayof the latter of (i) the alleged infraction or (ii) when the Employer became aware of the alleged infraction. All time limits referred to in the grievance or arbitration proceedings may be extended by mutual written agreement of the parties. Absent such written agreement, Sunday and recognized holidays immediately following the time limits set forth in Step IIIcontained herein shall be strictly construed. If the employee or the Union fails to process the grievance at any step within the time limits, the grievance shall be deemed to have been withdrawn. If the Employer’s designated representative fails to answer a grievance within the specified time limits, the Union shall have the right to immediately appeal the grievance to the next step of the grievance procedure. For disciplinary measures, all infractions will be removed from the employee’s record after a period of one (1) year.
7.2 a) STEP 1 - The employee will discuss the circumstances of the grievance with his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. Such discussion will take place within five (5) working days of the event giving rise to the grievance. The immediate supervisor will give a verbal answer to the grievance within three
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE & ARBITRATION. 7:01 It Any grievance not settled in accordance with the Grievance Procedure article may be submitted to arbitration at the option of either party. The party choosing to arbitrate shall give written notice to the other party setting forth the matter to be arbitrated. If said notice is not served within a ten (10) working day period following the mutual desire Step 3 decision of the Parties hereto, that complaints of employees shall be adjusted as quickly as possible. The ▇▇▇▇▇▇▇ or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure but rather as provided for in Article 8:00.
7:02 A grievance shall mean any difference or dispute concerning the interpretation, application, administration or alleged violation of the Agreement and shall be handled in the following manner:
Step I: The aggrieved party shall discuss his complaint with his ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ or immediate Supervisor, who shall endeavor to settle the complaint.
Step II: If the complaint is not settled within three (3) working days excluding Saturday, Sunday and recognized holidays, from the date there is evidence of a grievance having occurredGrievance Procedure Article, it shall be reduced to writing and referred to deemed that the Local Union’s Business Representative grievance has been satisfactorily adjusted and the Company.
Step III: If right to arbitrate waived. In the event either party submits a grievance is not settled within thirteen (13) working daysor dispute to arbitration, excluding Saturday, Sunday and recognized holidays, from the date of the occurrence giving rise to the grievance the grievance shall proceed to arbitration at the request of either party.
Step IV: It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing.
Step V: Any grievance between the Company or the Union concerning the interpretation, application, administration or alleged violation of the Agreement shall be dealt with commencing with Step II.
Step VI: A single an Arbitrator shall be selected according to and governed by the following procedure:
1. The party requesting arbitration shall request the Federal Mediation Conciliation Service (FMCS) to provide a panel composed of an odd number of arbitrators from which they will select the list of Arbitrators in Appendix “Q” to hear any grievance which has been referred to arbitration pursuant to this Agreement. Selection arbitrator by each one alternately crossing off a name, and the arbitrator left shall be in rotation beginning with the first listed arbitrator and will continue sequentially subject to availability of those individual arbitrators.
Step VII: Both Parties to the dispute shall share equally the expenses and fees designated as Arbitrator. The decision of the Arbitrator.
Step VIII: A request to proceed to arbitration Arbitrator shall be made final and binding upon the parties and shall be complied with within five (5) working days excluding Saturdayafter the decision has been reached, Sunday unless waived by mutual agreement.
2. The Arbitrator shall have the authority to grant damages and recognized holidays immediately following awards for specific grievances, violations or breaches of this Agreement and shall have no power to add to, subtract from, amend or otherwise modify the time limits set forth in Step IIIterms of this agreement.
3. The fee and expense of the Arbitrator shall be borne equally by the Union and the ATSS Companies. The party incurring other expenses shall pay all other expenses.
4. The ATSS Companies shall honor reasonable requests from the Union to release employees from work to testify as witnesses so long as it does not disrupt the schedule of testing. If a stenographic record is made, either party may order a transcript thereof and the party ordering it shall pay for the full cost.
Appears in 1 contract
Sources: Collective Bargaining Agreement