Common use of GRIEVANCE PROCEDURE & ARBITRATION Clause in Contracts

GRIEVANCE PROCEDURE & ARBITRATION. 6.1 In this Article a grievance shall consist only of a dispute concerning the interpretation and application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. 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 an ▇▇▇▇▇▇▇ effort on the part of both parties, to settle such grievance promptly, through the following steps: (a) By conference between the aggrieved employee, ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇. Such conference to be held within five (5) working days (Saturdays, Sundays and General Holidays excluded) and the ▇▇▇▇▇▇▇ shall give his answer within five (5) working days (Saturdays, Sundays and General Holidays excluded) of the presentation of the grievance to him/her. (b) Failing settlement as in (a) by the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ may ask the ▇▇▇▇▇▇▇ to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ to submit a written report to the Manager. (c) If a grievance is not settled after making every endeavour in procedures outlined in (a) and (b), it shall be referred to the General Manager. (d) Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Manager or General Manager shall endeavour to settle the matter with the ▇▇▇▇▇▇▇ and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his 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 established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to render a majority decision, the grieving party must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined in Article 6, section 6.2.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 6.1 In 7.01 The procedure for resolving differences between the parties bound by this Article a grievance shall consist only of a dispute Agreement concerning the interpretation and application of any clause in this Agreementits interpretation, alleged violations of the Agreementapplication, and alleged abuses of discretion by supervision in the treatment of employees. If any question arises as to whether a particular dispute is, operation 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 violation thereof shall be an ▇▇▇▇▇▇▇ effort on the part of both parties, to settle such grievance promptly, through the following stepsas follows: (a) By conference between An employee shall, prior to filing his/her grievance in writing, address the aggrieved issue with his/her direct manager or his designate and try to resolve the matter. If the issue is not resolved, the matter shall proceed to Step "B". (b) An employee shall file his grievance in writing with the Operations Manager or his designate within twelve (12) days of the employee's opportunity to become aware of the grievance. Within seven (7) days of receiving the grievance, the Operations Manager, the employee's direct manager or his designate and the employee, ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇. Such conference to be held within five (5) working days (Saturdays, Sundays and General Holidays excluded) and together with the Shop ▇▇▇▇▇▇▇ shall give his answer within five (5) working days (Saturdays, Sundays and General Holidays excluded) of meet to resolve the presentation of the grievance to him/her. (b) Failing settlement as in (a) by the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ may ask the ▇▇▇▇▇▇▇ to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ to submit a written report to the Managerissue. (c) If a the grievance is not settled after making every endeavour in procedures outlined resolved within five (5) days of the meeting in (ab) and (b), above it shall automatically be referred to the General ManagerManager or his designate. Within seven (7) days of receiving the grievance the General Manager shall meet with the employee and/or his representative to resolve the matter. The Company shall within five (5) days of this meeting notify the Union in writing of its position on the grievance. (d) Should If the grievance is not resolved within five (5) days of the meeting in (c) above, the Union shall within five (5) days of receiving the Company's response, notify the Company if the matter is to be referred to arbitration. 7.02 Where the parties fail elect to reach satisfactory settlement in the preceding stepsproceed to Arbitration, the final settlement Arbitration Board, consisting of the grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Manager or General Manager shall endeavour to settle the matter with the ▇▇▇▇▇▇▇ and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his 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 established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one one (1) of whom shall be representative selected from Management by the Company, and one (1) from representative selected by the Local UnionsUnion, shall be appointed within five (5) days after written request has been received. It is understood that in If either party fails to appoint or select its representative within the time specified herein, the other party may appeal to the Labour Relations Board to make the appointment. The two (2) Arbitrators selected shall meet, within forty-eight (48) hours after appointment, and shall select a Chairman of the Arbitration Board. If they are unable to agree upon the selection of a Chairman within twenty-four (24) hours, either of them may then request the Minister of Labour to appoint a Chairman. The Arbitration Board shall have all the powers granted it under Section 89 of the Labour Relations Code. 7.03 Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The fees and expenses of the Company must name Chairman shall be shared equally between the parties. 7.04 In the event of an Arbitration Board being appointed, it is agreed by both the Union and the Company, that such Board shall be requested to hand down its decision within ten (10) days, or as soon thereafter as may conveniently be arranged. 7.05 By mutual agreement by both the Union and the Company, a representative from another Company must name a representative from another single arbitrator may be selected to resolve the dispute in accordance with this Article. 7.06 The Company and the Union must name a representative from another Local Union. It is further agreed that may mutually agree in the event that writing to waive any Joint Grievance Committee is unable to render a majority decision, the grieving party must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined time limits set out in Article 6, section 6.2this Article.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. Section 6.1 In this Article a grievance shall consist only of a dispute concerning the interpretation and application of any clause in of this Agreement, alleged violations of the this Agreement, and alleged abuses discrimination against any employee contrary to the terms of discretion by supervision in the treatment of employeesthis Agreement. If any question arises as to whether a particular dispute is, is or is not a grievance, valid grievance within the meaning provisions of these provisionsthis Agreement, the such question may be taken up through the Grievance Procedure grievance procedure and determined determined, if necessary, by Arbitrationarbitration. There At all times there shall be an ▇▇▇▇▇▇▇ honest effort on the part of both parties, parties to settle such grievance promptly, any grievances promptly through implementing the following steps: (a) By conference between Any employee who feels he or she has a justifiable complaint must discuss the aggrieved employeecomplaint with the Office Manager no later than forty-eight (48) hours (Saturday, Sunday and Statutory Holidays excepted) from the time the act complained of did occur. The employee may be accompanied by his or her ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇if he or she wishes. Such conference to be held within five (5) working days (Saturdays, Sundays and General Holidays excluded) and the ▇▇▇▇▇▇▇ The Office Manager shall give his or her answer to the complaint within five twenty-four (524) working days hours (SaturdaysSaturday, Sundays Sunday and General Statutory Holidays excludedexcepted) of from the presentation of time the grievance to him/herdiscussion took place. (b) Failing settlement as in Step (a) by as outlined above, the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ may ask the ▇▇▇▇▇▇▇ to make an appointment griever shall meet with the Branch Manager or his or her appointee within forty-eight (48) hours after a decision has been made by the Office Manager (Saturday, Sunday and Statutory Holidays excepted). The grievance must at this stage be submitted in an effort to reach a settlement. It shall be the responsibility of the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ to submit a written report writing to the ManagerBranch Manager and it must be signed by the griever. (c) If a grievance is not settled after making every endeavour in procedures outlined in implementing Steps (a) and (b)) outlined above, it shall be referred to the General Manager or his or her designate at the Company within fourteen (14) calendar days from the date the grievance was presented in writing to the Branch Manager. (d) Should the parties fail to reach a satisfactory settlement in the preceding stepssteps of the Grievance Procedure, the final settlement of the grievance must can be submitted to a Board of Arbitration as Arbitration. Section 6.2 During any of the above outlined below. In Steps of the event that the Company has a grievanceGrievance Procedure, the Manager or General Manager shall endeavour to settle the matter with the ▇▇▇▇▇▇▇ or appropriate management representative may request the presence of the Union Business Agent or the duly accredited official of the Union to assist in discussing settlement of any dispute. Section 6.3 It shall be the responsibility of any party desiring to effect arbitration to inform the other party in writing not later than five (5) calendar days after the last discussion on the grievance between the Union and the General Manager or his designate. A Board of Arbitration shall, in this event, be immediately established consisting of one appointee of the Union and one appointee of the Company and a third member to act as Chairman of the Board of Arbitration appointed on the recommendation of the first two appointees. Should the members fail to select a Chairman within fifteen (15) calendar days after the request in writing for arbitration, the members shall request the Minister of Labour to name a Chairman of the Board of Arbitration. Section 6.4 The Board of Arbitration 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. It is understood, however, that in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitrationa matter is properly arbitrable, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his 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 established under may render any decision it deems just so as to effect a binding and final solution to any dispute. Section 6.5 Each of the following provisions. parties hereto will bear the expense of their appointee to the Board and the parties will equally bear the fees and expenses of their Chairman. Section 6.6 Both parties to this Agreement agree it is in the interest of both parties to make all reasonable effort to eliminate grievance problems with the least possible delay. Section 6.7 The Joint Grievance Committee Company shall not be comprised responsible for the payment of two (2) persons, one (1) time used by any employee covered by this Agreement during investigation and settlement of whom shall be selected from Management and one (1) from the Local Unions. grievances. Section 6.8 It is understood that management has the right to present a grievance in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and writing to the Union must name a representative from another Local Union. It is further agreed that in the event that it alleges a violation of the Agreement by the Union, its agents, or representatives or any Joint Grievance Committee is unable of the employees covered by this Agreement. Section 6.9 Within seven (7) calendar days of receipt of notice of intent to render a majority decisionarbitrate under Section 6.3, the grieving party must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish may elect to withdraw the grievance, proceed to Arbitration as outlined in Article 6arbitration by a one-man board of arbitration. Should the parties fail to appoint the one-man board of arbitration within thirty (30) days after this date, section 6.2either party shall request the Minister of Labour to make the appropriate appointment.

Appears in 1 contract

Sources: Office Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 6.1 In this Article a grievance shall consist only of a dispute concerning the interpretation and application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. 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 an ▇▇▇▇▇▇▇ effort on the part of both parties, to settle such grievance promptly, through the following steps: (a) By conference between the aggrieved employee, ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇. Such conference to be held within five (5) working days (Saturdays, Sundays and General Holidays excluded) and the ▇▇▇▇▇▇▇ shall give his answer within five (5) working days (Saturdays, Sundays and General Holidays excluded) of the presentation of the grievance to him/her. (b) Failing settlement as in (a) by the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ may ask the ▇▇▇▇▇▇▇ to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ to submit a written report to the Manager. (c) . If a grievance is not settled after making every endeavour in procedures outlined in (a) and (b), it shall be referred to the General Manager. (d) . Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Manager or General Manager shall endeavour to settle the matter with the ▇▇▇▇▇▇▇ and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his 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 established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to render a majority decision, the grieving party must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined in Article 6, section 6.2.section

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 6.1 In this Article a 6.01 A grievance shall consist only of a dispute concerning the interpretation and application of any clause in this Agreement, alleged violations of the Agreement, Agreement and alleged abuses of discretion by supervision in the treatment of employeesemployees contrary to the terms of the Agreement. If any question arises as to whether a particular dispute is, is or is not a grievance, grievance within the meaning of these provisions, the question may be taken up through the Grievance Procedure grievance procedure and determined determined, if necessary, by Arbitrationarbitration. There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties, parties to settle such grievance promptly, grievances promptly through the following steps:. (a) By a conference between the aggrieved employeeemployee and the Manager or his/her designate. Failing settlement, the grievance must be submitted, in writing, within ten (10) working days from the date the alleged violation became known to the grievor. The grievor may be accompanied by a Union ▇▇▇▇▇▇▇ and, if deemed necessary by the Union, he/she shall also be accompanied by a business representative of the Union. (b) Failing settlement at the above step, the Manager shall render his/her decision in writing and ▇▇▇▇▇▇▇shall refer the grievance to and arrange a meeting between the Union and the General Manager or his/her designate within seven (7) days of the date that the grievance was registered in writing. Such conference to This meeting shall be held within five (5) working days (Saturdays, Sundays and General Holidays excluded) and in the ▇▇▇▇▇▇▇ shall give his answer within five (5) working days (Saturdays, Sundays and General Holidays excluded) locale of the presentation of terminal involved unless otherwise agreed. The General Manager or his/her designate shall render his/her decision in writing within seven (7) days from the date that the grievance was referred to him/her. (b) Failing settlement as in (a) by the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ may ask the ▇▇▇▇▇▇▇ to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ to submit a written report to the Manager. (c) If a grievance is not settled after making every endeavour in procedures outlined in (a) and (b), it shall be referred to the General Manager. (d) Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to a Board of Arbitration as outlined below. in Article 6.05 hereof. 6.03 In the event that the Union or the Company has a grievance, it shall be 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 meeting within fourteen (14) calendar days between the General Manager or his/her designate and a duly accredited principal officer of the local Union or his/her designate. Should the griever fail to reach a satisfactory settlement, the grievance may be submitted to Arbitration as outlined in Article 6.02 (c) hereof. 6.04 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 within thirty (30) calendar days after the General Manager shall endeavour or his/her designate has rendered a decision or failed to settle render a decision as provided for in Article 6.02 (b); (b) a Company grievance within thirty (30) calendar days after the matter meeting with the Union representative; (c) a Union grievance within thirty (30) calendar days after the meeting with the Company's representative. A Notice of Intent to Arbitrate under the foregoing provision shall contain five names of the suggested arbitrator and, within thirty (30) calendar days from the receipt of the Notice of Intent to Arbitrate, the other party must in turn accept a proposed arbitrator or suggest five names of proposed arbitrators. Should either party fail to name their proposed arbitrator within the required thirty (30) calendar days, or should the parties fail to select an arbitrator within thirty (30) calendar days from the date of their appointment, either party shall request the Provincial Minister of Labour to make the appropriate appointment. 6.05 The Arbitrator shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions in this Agreement. The Arbitrator, however, shall have the power to carry or set aside, any penalty or discipline imposed relating to the grievance then before the Arbitrator. 6.06 Each of the parties hereto will equally bear the fees and the expense of the Arbitrator. 6.07 The Company shall not be responsible for the payment of time used by an employee in the investigation and settlement of a grievance. 6.08 All monetary grievances that are mutually agreed upon shall be paid the following pay period. 6.09 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, shall, upon request, be accompanied by a ▇▇▇▇▇▇▇ or Business Agent. If neither are available, the employee will be asked to select an employee of his choice to accompany him to the meeting. (a) Any notation of a reprimand or other disciplinary action placed on an employee's record shall be nullified after a period of twelve months. (b) All penalties and reprimands must be issued to the employee within ten (10) working days (Saturdays, Sundays and Paid Holidays excluded) from the time the infraction became known with a copy to the Local Union, otherwise the penalty or reprimand will be considered null and void. 6.11 No person shall be appointed as an arbitrator who has been involved in any matter concerning the industrial relations, or who has acted as a paid agent, attorney or solicitor for either party. 6.12 No matter shall be submitted to a Board of Arbitration which has not been properly carried through all previous steps of the Grievance Procedure. 6.13 A discharged employee must present a grievance which shall be in writing through the Shop ▇▇▇▇▇▇▇ to Management within three (3) working days, exclusive of Saturday, Sunday and Paid Holidays, after discharge and the Management shall review such grievance with the Shop ▇▇▇▇▇▇▇ and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his purpose by the Company and by the Local Unions. The Joint Grievance Committee will render a decision unless it within twenty-four (24) hours after such review. If the decision of Management is deadlocked which shall unsatisfactory the grievance may be final and binding and have the same judicial powers as referred to a Board of Arbitration established as herein above provided. 6.14 Such special grievance may be settled under the following provisions. The Joint Grievance Committee shall be comprised grievance procedure or by arbitration by: (1) confirming the Company's action in dismissal of two the employee, or (2) personsreinstating the suspended or discharged employee with full compensation for time lost, one or (13) of whom shall any other arrangement which may be selected from Management deemed just and one (1) from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to render a majority decision, the grieving party must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined in Article 6, section 6.2equitable.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 6.1 In this Article a grievance shall consist only of a dispute concerning the interpretation and application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. 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 an ▇▇▇▇▇▇▇ effort on the part of both parties, to settle such grievance promptly, through the following steps: (a) : By conference between the aggrieved employee, ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇. Such conference to be held within five (5) working days (Saturdays, Sundays and General Holidays excluded) and the ▇▇▇▇▇▇▇ shall give his answer within five (5) working days (Saturdays, Sundays and General Holidays excluded) of the presentation of the grievance to him/her. (b) Failing settlement as in (a) by the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ may ask the ▇▇▇▇▇▇▇ to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ to submit a written report to the Manager. (c) . If a grievance is not settled after making every endeavour in procedures outlined in (a) and (b), it shall be referred to the General Manager. (d) . Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Manager or General Manager shall endeavour to settle the matter with the ▇▇▇▇▇▇▇ and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his 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 established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to render a majority decision, the grieving party ▇▇▇▇▇ must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined in Article 6, section 6.2.section

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. 6.1 In this Article a grievance shall consist only of a dispute concerning the interpretation and application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. 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 an ▇▇▇▇▇▇▇ effort on the part of both parties, to settle such grievance promptly, through the following steps: (a) : By conference between the aggrieved employee, ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇. Such conference to be held within five (5) working days (Saturdays, Sundays and General Holidays excluded) and the ▇▇▇▇▇▇▇ shall give his answer within five (5) working days (Saturdays, Sundays and General Holidays excluded) of the presentation of the grievance to him/him/ her. (b) . Failing settlement as in (a) by the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ may ask the ▇▇▇▇▇▇▇ to make an appointment with the Manager in an effort to reach a settlement. It shall be the responsibility of the ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇ to submit a written report to the Manager. (c) . If a grievance is not settled after making every endeavour in procedures outlined in (a) and (b), a)and it shall be referred to the General Manager. (d) . Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Manager or General Manager shall endeavour to settle the matter with the ▇▇▇▇▇▇▇ and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his 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 established under the following provisions. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of 1)of whom shall be selected from Management and one (1) from the Local Unions. It is understood that in the selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to render a majority decision, the grieving party must within fourteen (14) calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined in Article 6, section 6.2.section

Appears in 1 contract

Sources: Collective Agreement