Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. 11.01 The purpose of this Article is to establish a procedure for the settlement of all grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The For the purpose of this Article Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to establish a procedure for the settlement interpretation, application, administration or alleged violation of all grievancesthe Agreement. 11.02 Any employee having a The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. 11.03 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he/she has first take given his/her immediate supervisor the matter up opportunity of adjusting his/her complaint. The grievor may have the assistance of a committee member if he/she so desires. Such complaint shall be discussed with his/her committee person who will discuss said complaint with immediate supervisor within five (5) days after the supervisor concernedcircumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. If Failing settlement within the complaint is not satisfactorily resolved five (5) days, it shall then be taken up as a grievance within twenty-four five (245) hours, days following his/her immediate supervisor's decision in the committee person will then following manner and sequence: Step 1 The employee shall submit the grievance grievance, in writing, on a form to be supplied and signed by him/her, to the Company by the immediate supervisor. The employee may be accompanied by a committee member. The immediate supervisor shall give will deliver his/her decision in writing to the committee person member within two five (25) working days following the day on which the written grievance was presented to him/her. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Senior Manager of the receipt Department. A meeting will then be held between Management and the designated Union representatives who may be accompanied by the general representative of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisionUnion, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meetingsubmission of the grievance at Step 2, unless extended by mutual agreement of the parties. The Union National Representative and/or President decision of the local union may Hospital shall be in attendance at this meeting. 11.03 Management's decision relating delivered to the grievance shall be Union in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of following the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy date of such requestmeeting. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 7:01 The purpose of this Article parties agree that grievances shall be adjusted as quickly as possible. It is understood that an employee has no grievance until the employee has given their supervisor an opportunity to establish a procedure for the settlement of all grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisoradjust their complaint. The supervisor shall give his/her decision in writing to the committee person within have two (2) days to reply to the complaint, if the reply is unsatisfactory or if the supervisor fails to reply within the two (2) days the employee may proceed with the steps of the grievance procedure. Any grievance or dispute relating to the interpretation, application or alleged violation of this Agreement, or relating to any terms or conditions of employment shall be dealt with in the following manner: Step 1 An employee having a complaint or grievance shall refer it to her immediate Supervisor in writing within five (5) working days of the receipt actual occurrence giving rise to the complaint or grievance. The grievance will clearly state the name(s) of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisiongrievor(s), the Union may refer article(s) violated, if any, and the corrective action requested. The Supervisor shall reply to the employee, giving the answer to the complaint or grievance to a meeting of the plant committee and representatives of management, who shall meet in writing within five (5) working days of from the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meetingdate it was submitted. 11.03 Management's decision relating Step 2 If further action is then to the grievance shall be in writing andtaken, if not rendered during the conference, shall be rendered to the Chairperson of the Committee then within two five (25) working days after the holding decision is given in Step 1, the employee, who may request the assistance of her Committeeperson, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or her designated representative and the employee within five (5) working days. It is understood that at such a meeting the Administrator or her designated representative may have such counsel and assistance as she may desire and that the employee may have her Committeeperson, and the Chairperson or a Union Representative of the conference. 11.04 If management's decision is not satisfactory to Union may also be present at the request of either the employee or the unionEmployer. The decision of the Administrator or her designated representative shall be given in writing within five (5) working days following the meeting. Step 3 Should the Administrator fail to render her decision as required in Step 2 or failing settlement of any grievance under the foregoing procedures, it the grievance may be referred to an arbitrator, provided arbitration by either the Employer or the Union. If no written notice of request for arbitration is received in accordance with Section 8:01 within five (5) working days after the party's intention to refer the dispute to an arbitrator decision under Step 2 is given to the other party or within ten (10) working days after management's decision. Within five (5) days following the meeting under Step 2 of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, the grievance shall be deemed to have been settled and the same grievance shall not be the subject matter of a further grievance. 7:02 Should two or more employees have a grievance of a similar nature, then it may be processed as one grievance at Step 1 of the grievance procedure and throughout the grievance procedure. 7:03 For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays, holidays Sundays and vacations as defined hereinpaid holidays. 11.07 The 7:04 Any of the time limits in the grievance and arbitration procedure outlined in this Agreement shall apply equally to may be extended by the written consent of the parties. 7:05 When a grievance lodged is submitted in writing by a group either the Employer, the Union or an employee it shall clearly set forth the nature of employeesthe grievance, or to a Union policy grievance. All grievance forms the article(s) violated if any and appeal forms shall be supplied by the companyremedies sought.

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose of 28.1 In a mutual effort to provide harmonious working relations between the parties to this Article Agreement, it is to establish agreed and understood by both parties that there shall be a procedure for the settlement resolution of all grievancesgrievances between the parties arising from any alleged violation of specific terms of this Agreement. For the purpose of this Agreement, a grievance is defined as a dispute, claim or complaint that any employee, group of employees or the Union, through a member of the bargaining unit, may have as to the interpretation, application, and/or alleged violation of some express provision of this Agreement which is subject to the grievance procedure. 11.02 28.2 All grievances must be handled exclusively as set forth in this procedure. 28.3 Nothing in this Agreement shall be construed to prevent employees from discussing any questions or complaints with their supervisor, division supervisor, superintendent, department director, Personnel Director or the City Manager. Employees of the City are encouraged to bring any questions, complaints, or other concerns to their supervisors. Any employee’s informal discussions with his or her supervisor, division supervisor, superintendent, department director, Personnel Director or the City Manager, or any other person, shall not delay or postpone the time limits for filing a formal grievance under this procedure. 28.4 If the aggrieved employee having has a grievance shall first take reasonable belief that disciplinary action may result from an investigatory or disciplinary interview, the matter up with his/her committee person who employee may request Union representation, in which event the grievant will discuss said complaint with notify the supervisor concernedCity, and the grievant will be responsible for notifying the Union. If the complaint is not satisfactorily resolved within twenty-four (24) hoursan employee makes such a request, the committee person will then submit City may, at its discretion, (1) grant the grievance in writingrequest and postpone the meeting until the union representative may be present, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days discontinue the meeting, or (3) offer the employee the choice of continuing the meeting unaccompanied by a union representative or having no meeting at all. If a meeting is for the purpose of simply notifying the employee of a previously made disciplinary decision, and no questions will be asked nor will the employee be offered any options to the discipline, the employee does not have the right to union representation. 28.5 Every effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with, and may be extended only by mutual agreement of the receipt parties, in writing. The City is not required to consider, respond to, or act upon, any grievance which is not filed within the time set forth in this Article. A grievance shall be considered settled at any point when the employee fails to file the necessary written notice to invoke the next step of the grievancegrievance procedure. Should the employee All time limits shall be calendar days. If any deadline under this Article shall fall on a Saturday, Sunday or the union be dissatisfied with the supervisor’s decisionobserved holiday, as defined in Article 17.1, the Union may refer deadline shall be the grievance to next calendar day which is not a meeting of the plant committee and representatives of managementSaturday, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meetingSunday or observed holiday. 11.03 Management's decision relating 28.6 If the City fails to answer any grievance in the time provided, the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.deemed

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. 11.01 7.01 The purpose of this Article is to establish a procedure for the settlement of all grievancesparties hereto desire that every complaint shall be dealt with as it justly deserves as quickly as possible. 11.02 Any employee having 7.02 Step 1: Should a grievance arise, the employee shall first take the matter up along with his/her committee person who will ▇▇▇▇▇▇▇, or in the absence of a ▇▇▇▇▇▇▇ with a member of the Plant Committee, discuss said complaint it with the supervisor concernedSupervisor within four (4) working days after the event giving rise to the grievance or within four (4) working days after the employee became aware or ought to have become aware of the event giving rise to the grievance. The Supervisor shall reply by the end of the next working day. 7.03 Step 2: If the complaint reply of the Supervisor to the grievance is not satisfactorily resolved within twenty-four (24) hourssatisfactory to the employee, the committee person will then submit he/she may reduce the grievance in to writing, on sign it with the ▇▇▇▇▇▇▇, or in the absence of the ▇▇▇▇▇▇▇ with a form Committeeperson. The grievance should identify the clause or clauses alleged to be supplied have been violated along with a brief explanation of the issue(s) involved. The Committeeperson shall present it to the Company by Operations Manager/Shift Superintendent or his/her designate within three (3) working days from the date that he/she received the reply of the supervisor. The supervisor shall give Operations Manager/Shift Superintendent, or his/her designate, will meet with the Committeeperson or designate and render a decision in writing to the committee person within two three (23) working days after the day on which the grievance was presented. 7.04 Step 3: If the reply of the receipt Operations Manager/Shift Superintendent or his/her designate is not satisfactory to the Union, the grievance may be presented by the Plant Chairperson to Management within four (4) working days from the date of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting reply of the plant committee Operations Manager/Shift Superintendent or his/her designate. The Plant Committee and representatives of management, who Management shall meet within five (5) working days of after the grievance has been so presented. Upon request for such meeting. The by either party, the Local Union President(s) and/or the National Representative and/or President of the local union Union Representative(s) may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two attendance. Within four (24) working days after the holding of the conference. 11.04 If management's Step 3 meeting, Management will render a decision is not satisfactory in writing and submit it to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestPlant Committee. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. 11.01 The 17.1 This PLA is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of this Article is to establish a procedure for completing the settlement construction of all grievancesthe Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages. 11.02 17.2 The Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the Project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article. 17.3 Any employee having question or dispute arising out of and during the term of this PLA (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following steps: (a) Step 1-When any employee subject to the provisions of this PLA feels they have been aggrieved by a violation of this PLA, through their local union business representative or job ▇▇▇▇▇▇▇, shall, within five (5) working days after the occurrence of the violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the job ▇▇▇▇▇▇▇ and the work-site representative of the involved Contractor shall first take meet and endeavor to adjust the matter up with his/her committee person who will discuss said complaint with within three (3) working days after timely notice has been given. The representative of the supervisor concerned. If Contractor shall keep the complaint is meeting minutes and shall respond to the Union representative in writing at the conclusion of the meeting but not satisfactorily resolved within later than twenty-four (24) hourshours thereafter. If they fail to resolve the matter within the prescribed period, the committee person will then submit grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance in is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the PLA alleged to have been violated. Should the Local Union(s) or any Contractor(s) have a form dispute with the other party and , if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to be supplied writing and proceed to Step 2 in the Company by same manner as outlined herein for the supervisor. adjustment of an employee complaint. (b) Step 2-The supervisor International Union Representative and the involved Contractor(s) shall give his/her decision in writing to the committee person meet within two seven (27) working days of the receipt referral of the grievancea dispute to this second step to arrive at a satisfactory settlement thereof. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance Meeting minutes shall be in writing and, if not rendered during kept by the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievanceContractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter. (c) Step 3- If the grievance has been submitted but not settled under Step 2, for any dispute under Article 17, the parties shall request from the Federal Mediation and Conciliation Service a list of seven (7) Arbitrators whose primary office addresses are in the states of Washington or Oregon. Once the list of Arbitrators is received, within 24 hours each party shall meet or confer to alternately strike names until one name remains. This person shall serve as the Arbitrator to resolve the dispute. The parties shall notify the selected Arbitrator immediately, but no later than 24 hours, about his/her selection. The decision is not satisfactory of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally be the Contractor(s) and the involved Local Union(s)8. Failure of the grieving party to adhere to the employee or time limits established herein shall render the union, the matter grievance null and void. The time limits established herein may then proceed on the giving be extended only by written consent of the prescribed notice parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented, and shall not have authority to change, amend, add to or detract from any of appeal to an impartial arbitrator selected as herein providedthe provisions of this PLA. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms 17.4 Sound Transit and/or the Coordinator shall be supplied notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps. 8 Article 17.3(c) revised by Amendment as of June 18, 2014 by action of the companyJoint Administrative Committee.

Appears in 4 contracts

Sources: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement

GRIEVANCE PROCEDURE. 11.01 6.01 The Company and the Union agree that it is the purpose of this Article the grievance procedure to amicably and justly settle any complaints and disagreements concerning the employees, the Union and the Company, without, so far as is possible, resorting to establish a procedure for arbitration. The parties further agree that the settlement of all grievancesany grievance shall be deemed not to conflict with the provisions of the Agreement. 11.02 Any 6.02 It is the mutual desire of the parties that complaints of employees shall be dealt with as quickly as possible, out of the view of the public eye, with a Union ▇▇▇▇▇▇▇ present. Furthermore, it is agreed that an employee having a has no grievance until he has first given the Supervisor the 6.03 Should any difference arise between the Company and any of the employees as to the interpretation, application, administration or alleged violation of the provisions of the Agreement that cannot be satisfactorily dealt with pursuant to Article 6.02, an ▇▇▇▇▇▇▇ effort shall first take be made to settle such difference in the matter up with his/her committee person who will discuss said complaint with following manner: 6.04 Within ten (10) business days after the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hoursalleged grievance has arisen, the committee person will then submit employee, who may request the assistance of his ▇▇▇▇▇▇▇, shall present his grievance in writing, on a form to be supplied agreed upon by the Company and the Union, to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisionManagement and if, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. from the time when such grievance was presented, a decision not satisfactory to the employee is given, then: 6.05 Within five (5) days after the decision of Step One has been, or should have been given, an authorized Member of the giving of Grievance Committee shall present the written noticegrievance to the Operations Manager, both parties will exchange lists of three (3) proposed arbitratorsor a person or persons designated by him to handle such matters at Step Two. In the event that no name is common The Operations Manager, or his designate, shall schedule a meeting to both lists, either party may be held within ten (10) days after from the lists have been exchanged request time when such grievance was presented to him, or his designate. At the Minister Step Two meeting, the Operations Manager, or his designate, may be accompanied by the Personnel Manager and such other assistants, as he so desires. While the Business Representative of Labour the Union may be present at the meeting, the Company has the right to require his presence at the meeting. The Operations Manager, or his designate, shall give a decision in writing on behalf of Ontario to appoint an arbitrator and shall provide the other party with a copy Company within ten (10) days immediately following the date of such requestmeeting. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose B12.1 Where a difference arises between the Employer and the Union or a Local Union relating to the interpretation, application or administration of this Article Agreement or where an allegation is made that discharge of an employee is unjust or that this Agreement has been otherwise violated, the difference of opinion or dispute, including any question as to establish whether a procedure for matter is arbitrable, shall be resolved without stoppage of work in the settlement of all grievancesfollowing matter. 11.02 Any employee having a grievance B12.2 The Job ▇▇▇▇▇▇▇ or Business Manager of the Local Union shall first take attempt to resolve the matter up with his/her committee person who will discuss said complaint difference on the job with the supervisor concerned. ▇▇▇▇▇▇▇ or Superintendent of the Employer. B12.3 If the complaint difference is not satisfactorily resolved within twentyforty-four eight (2448) hourshours of the occurrence, the committee person will then aggrieved party shall submit the grievance in writing, on a form to be supplied to difference and the Company by the supervisor. The supervisor shall give his/her decision remedy sought in writing to the committee person Executive Director of the Association and the International Representative of the Union within two sixty (260) working days of occurrence, or in the case of alleged unjust discharge, within ten (10) days of occurrence. Failure to submit the difference in writing within the specified time periods shall result in the matter being deemed to be waived. The foregoing time limitations shall not apply where there has been failure or refusal to remit employer contributions or deductions from employees as provided for in this Agreement. B12.4 Upon receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisionmatter complained of in writing, the Union may refer Executive Director and the grievance International Representative shall take such steps within forty-eight (48) hours as they deem necessary to a meeting attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) days of receipt of written submission, either of the plant committee parties may, after exhausting any grievance procedure established by this Agreement notify the other party in writing of its desire to submit the difference or allegation to arbitration and representatives the notice shall contain the name of managementthe first party's appointee to an arbitration board. The recipient of the notice shall within five (5) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President appointment of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance second of them, appoint a third person who shall be in writing and, if not rendered during the conference, shall be rendered to chairman. If the Chairperson recipient of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory notice fails to the employee or the union, it may be referred to appoint an arbitrator, provided written notice of or if the party's intention two appointees fail to refer agree upon a chairman with the dispute to an arbitrator is given to time limited, the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request appointment shall be made by the Minister of Labour upon the request of Ontario to appoint an arbitrator either party. B12.5 The arbitration board shall hear and determine the difference or allegation and shall provide the other party with issue a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If decision and the decision is not satisfactory to final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority is the union, the matter may then proceed on the giving decision of the prescribed notice arbitration board, but if there is no majority the decision of appeal to an impartial arbitrator selected as herein providedthe chairman governs. 11.06 The term working days when used in this Agreement for grievance procedureB12.6 Pending settlement of any grievance, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms it is agreed that the work shall be supplied by the companyprosecuted without slowdown, work stoppage or lockout.

Appears in 4 contracts

Sources: Laborers Distribution Pipeline Agreement, Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. 11.01 12.01 The purpose Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Article is Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the employee will be encouraged to establish discuss the matter with the employee's Supervisor as soon as possible after the circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible. 12.02 Where an employee feels himself/herself to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting the employee's terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the settlement Legislative Assembly of all grievances. 11.02 Any New Brunswick, and, where the employee having a has written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (20) working days after the alleged grievance has arisen or the employee became aware of the grievance, the employee may present the employee's grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the employee's immediate supervisor or the person designated by the Employer as the first take level in the matter up with his/her committee person who will discuss said complaint with the supervisor concernedgrievance procedure. If the complaint is employee receives no reply or does not satisfactorily resolved receive satisfactory settlement within twenty-four ten (2410) hoursworking days from the date on which the employee presented the employee's grievance to the employee's immediate supervisor or to the person designated as the first level in the grievance procedure, the committee person will then submit employee may proceed to Step Two. STEP TWO: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step One, the employee may present the employee's grievance in writing at the second level of the grievance in writingprocess either by personal service or by mailing by registered mail, on a form to be supplied to the Company employee's immediate supervisor or to the person designated by the supervisorEmployer as the second level in the grievance procedure. If the employee does not receive a reply or satisfactory settlement of the employee's grievance from the person designated by the Employer as the second level in the grievance process within ten (10) working days from the date on which the employee presented the employee's grievance at the second level, the employee may proceed to Step Three. STEP THREE: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step Two, the employee may present the employee's grievance in writing at the third level of the grievance process either by personal service or by mailing it by registered mail to the employee's immediate supervisor or the person designated by the Employer as the final level in the grievance process for the Department in which the employee is employed. Any settlement proposed by the Employer at levels one and two and any replies must accompany the grievance when it is presented at the third level to the person designated as the final level. The supervisor person designated as the final level shall give his/her decision reply to the grievance in writing to the committee person employee within two fifteen (215) working days from the date the grievance was presented at the third level. Should the employee not receive a reply or satisfactory settlement of the employee's grievance within fifteen (15) working days from the date on which the employee presented the employee's grievance at the final level, the employee may refer the employee's grievance to Adjudication as provided in Article 13 hereof, within fifteen (15) working days of the receipt of the grievance. Should date on which the employee or should have received a reply from the union be dissatisfied with person designated as the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meetingfinal level. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.Grievance Procedure:

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose of this Article 14.01 It is to establish a procedure for the settlement of all grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days mutual desire of the receipt parties to resolve complaints as quickly as possible. Such complaints shall be acted upon in the following manner and sequence, however, nothing in this article precludes a nurse from discussing issues with their supervisor in an informal manner. It is the intent of the grievanceparties that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she or he has first given her or his Program Manager the opportunity of adjusting the complaint. Should the employee Such complaint shall be discussed with her or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet his Program Manager within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working work days after the holding of the conference. 11.04 circumstances giving rise to it have occurred. If management's decision there is not satisfactory to the employee or the unionno settlement within five (5) work days, it may shall then be referred taken up as a written grievance within five (5) work days. If a nurse elects to an arbitratorhave the assistance of a Union representative, provided written notice the Program Manager can have the assistance of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after another member of management's decision. Within five (5) work days following the decision at Step 1, a written grievance shall be submitted to the Assistant CAO or designate. The written grievance signed by the aggrieved nurse must contain the nature of the grievance, the remedy sought and the section or sections of the Agreement which are alleged to have been violated. A meeting will be held which may include the appropriate departmental management representatives, the Labour Relations Officer, grievance committee and/or grievor within fifteen (15) work days from the date the grievance is received in the Human Resources Department. The Assistant CAO or designate will deliver the written decision to the chairperson of the grievance committee with a copy to the Labour Relations Officer within five (5) work days from the date on which the meeting was held. 14.02 If the alleged circumstances of the grievance occurred more than fifteen (15) work days prior to the filing of the grievance at Step 2 the Employer may at its discretion, refuse to consider a grievance, or having considered it, refuse to agree to the arbitration of any matter. 14.03 Any difference arising directly between the Employer and the Union involving the interpretation, application or alleged violation of this Agreement may be submitted in writing by either party and dealt with as a grievance commencing at Step 2. This grievance shall be commenced within thirty-five (35) calendar days of the giving date of written noticeoccurrence. No Union grievance shall be presented at Step 2 which a nurse, both parties will exchange lists or a group of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint nurses could normally process as an arbitrator and shall provide the other party with a copy of such requestindividual or group grievance. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within 14.04 Where more than two (2) working nurses have a common complaint, it may be submitted as a group grievance at Step 2 within nine (9) work days after the receipt circumstances giving rise to the complaint have occurred. 14.05 Failing settlement under the foregoing procedure of any grievance including any question as to whether the matter is arbitrable, such grievance may be submitted to arbitration, as in Article 16. If no written request for arbitration is received by the Assistant CAO or designate within fifteen (15) work days after the decision under Step 2 is given, it shall be deemed to have been settled and not eligible for arbitration. 14.06 It is agreed that grievances and replies to grievances shall be in writing at all stages. 14.07 All agreements reached under the grievance procedure between the Employer and the Union, will be final and binding upon the Employer, the Union and the nurse(s). 14.08 Any adjustment resulting from the grievance or arbitration procedures, shall not be retroactive prior to the date of the grievanceoccurrence which resulted in the grievance being filed. This clause shall not prevent the adjustment of pay caused by errors in computation. 14.09 If the decision no answer is not satisfactory given to the employee or grievor(s) within the uniontime limit specified in the grievance procedure, the matter may then grievor(s) shall be entitled to proceed on to the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providednext step. 11.06 The term working days when 14.10 Work day" as used in this Agreement for grievance procedurearticle and Article 15 shall mean a day other than Saturday, shall exclude Saturdays, Sundays, holidays and vacations as defined hereinSunday or a specified paid holiday. 11.07 The 14.11 A grievance procedure outlined in this Agreement shall apply equally that is not submitted to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms the next step within the time limits shall be supplied by deemed to be settled and disposition shall be as per the companyreply given at the preceding step.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 6.1 The purpose Guild shall designate a committee of its own choosing to take up with the Employer or a duly authorized agent any matter arising from the application or interpretation of this Article is to establish a procedure for Agreement or any matter affecting the settlement relations of all grievancesthe Employer and the employee. 11.02 Any employee having a 6.2 A grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form must be reduced to be supplied writing and submitted to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person Manager of Human Resources within two thirty (230) working days of its occurrence. Failure to do so will result in the receipt abandonment of the grievance. Should the employee or the union be dissatisfied The Employer agrees to meet with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the after written request for such meeting. The Union National Representative and/or President Said request shall include an outline of the local union matter and the relief sought. Such meetings may be in attendance at this meeting. 11.03 Managementheld on the Employer's decision relating time. The Employer agrees to release without loss of pay or leave credit properly accredited Guild representatives to attend grievance meetings. It is understood that the grievance shall Employer will not be in writing and, if not rendered during the conference, shall be rendered required to the Chairperson of the Committee within release more than two (2) working employees from each department for these meetings. A request for such release shall be submitted to the Employer as far in advance of these meetings as possible. 6.3 Any matter involving the interpretation, application, administration or alleged violation of this Agreement (except renewal of this Agreement), including any question as to whether a matter is arbitrable, not satisfactorily settled within thirty (30) days after of its first consideration between the holding parties, may be submitted to final and binding arbitration by either party. If not so submitted within thirty (30) days of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice last meeting of the party's intention to refer parties, the dispute to an arbitrator is given to the other party within grievance will be deemed abandoned. Within ten (10) days after management's decision. Within five (5) days of the giving receipt of written this notice, both the parties will exchange lists shall select a mutually acceptable arbitrator. If the parties are unable to agree on the selection of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may an arbitrator within these ten (10) days after days, the lists have been exchanged request the Federal Minister of Labour of Ontario shall be requested to appoint an arbitrator and shall provide the other party with a copy arbitrator. The cost and/or expense of such requestarbitration shall be borne equally by the Employer and the Guild, except that neither party shall be obliged to pay the cost of a stenographic transcript without express consent. 11.05 The following special procedure 6.4 Conditions prevailing prior to an action or circumstance which resulted in a grievance shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson maintained unchanged pending final settlement of the Committee to the management within two (2) working days after the receipt grievance as provided herein. This shall not apply in cases of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provideddismissal for just and sufficient cause. 11.06 The term working days when used in this Agreement for grievance procedure, 6.5 Any time limit mentioned under the Grievance Procedure shall exclude Saturdays, Sundays, holidays Sundays and vacations as defined hereinStatutory Holidays and may be extended by mutual consent. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose of this Article is Employees and supervisors are encouraged to establish attempt to resolve on an informal basis, at the earliest opportunity, a procedure for the settlement of all grievances. 11.02 Any employee having problem that could lead to a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concernedgrievance. If the complaint matter is not satisfactorily resolved by informal discussion, it shall be settled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance.) All written grievances shall contain the following (Step 1 grievances are not expected to be in writing and do not require detailing of the items listed below): a) name(s) of the grievant or grievants, if applicable; b) a brief summary of the facts giving rise to the alleged violation; c) citation of the section or subsections of this Agreement alleged to have been violated; d) the date of the alleged violation; e) the specific remedy requested. Any written grievance filed at Step Two or Three not in accordance with the above requirements may be denied on the basis of improper filing and may be appealed to the next Step in accordance with this procedure. This meeting shall be held within twenty-four fourteen (2414) hourscalendar days of receipt of the request. The supervisor, employee(s), and Union ▇▇▇▇▇▇▇ shall attempt to resolve the committee grievance. If desired by the supervisor, another member of management may be present so long as that person will then submit not be hearing the grievance at Step Two, should it progress to that Step. The parties are limited to one (1) representative each present on Employer paid time, in writing, on a form to be supplied addition to the Company by grievant and the supervisor. The supervisor shall give his/her decision in writing respond to the committee person grievant with a copy of the response to the ▇▇▇▇▇▇▇ within two fourteen (214) working calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two. A representative of the appropriate Human Resources Department shall hold a meeting between the head of the unit, the grievant, and the designated Union representative on Employer paid time to discuss and attempt to resolve the grievance. This meeting shall be held within fourteen (14) calendar days of the receipt of the Step Two grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five Within fourteen (514) calendar days of the request for such meeting. The Union National Representative and/or President , the head of the local union may be unit shall provide a decision in attendance at this meeting. 11.03 Management's decision relating writing to the grievance shall be in writing and, if not rendered during grievant and the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party Union representative with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employeethe appropriate Human Resources Department. The grievance may be lodged in writing through the Chairperson of the Committee parties are limited to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.two

Appears in 4 contracts

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

GRIEVANCE PROCEDURE. 11.01 14.01 The purpose Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Article is Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the employee will be encouraged to establish a procedure for the settlement of all grievances. 11.02 Any employee having a grievance shall first take discuss the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hourssupervisor, the committee person will then submit the grievance in writing, on a form without prejudice to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with Employer, as soon as possible after the supervisor’s decisioncircumstances giving rise to the complaint occur, the Union may refer so that a dispute requiring reference to the grievance to procedure may be avoided wherever possible. The employee shall be accompanied by a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such Union representative at a subsequent meeting. The Union National Representative and/or President employee must notify his/her supervisor in advance of the local union may be in attendance at intention to exercise this meetingoption. 11.03 Management's decision 14.02 Where an employee feels himself to be aggrieved by the interpretation or application of a provision, of statute or a regulation, by-law, direction or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the provisions of this Agreement by the Employer, or where the person has the written consent of the Union respecting any grievance relating to the grievance interpretation or application of this Agreement, the following procedure shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two apply: STEP ONE: Within twenty (220) working days after the holding alleged grievance has arisen or the employee became aware of the conference. 11.04 If management's decision is not satisfactory grievance, the employee may present his grievance in writing either by personal service, registered mail, email or fax on the form authorized by the Labour and Employment Board to the employee or person designated by the unionEmployer as the first level in the grievance procedure. The form shall be completed in full, it may be referred to an arbitrator, provided written notice providing details of the party's intention to refer alleged grievance. If the dispute to an arbitrator is given to the other party employee receives no reply or does not receive satisfactory settlement within ten (10) working days after management's decision. Within five (5) days from the date on which he presented his grievance to the person designated as the first level of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined hereinthe employee may proceed to Final Step. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 4 contracts

Sources: Collective Agreement, Collective Bargaining Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 12.01 The purpose Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Article is Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the employee will be encouraged to establish discuss the matter with the employee's Supervisor as soon as possible after the circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be avoided wherever possible. 12.02 Where an employee feels himself/herself to be aggrieved by the interpretation or application in respect of the employee of a provision of a statute, or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the provisions of this Agreement by the Employer, or, as a result of any occurrence or matter affecting the employee's terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the settlement Legislative Assembly of all grievances. 11.02 Any New Brunswick, and, where the employee having a has written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (20) working days after the alleged grievance has arisen or the employee became aware of the grievance, the employee may present the employee's grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the employee's immediate Supervisor or the person designated by the Employer as the first take level in the matter up with his/her committee person who will discuss said complaint with the supervisor concernedgrievance procedure. If the complaint is employee receives no reply or does not satisfactorily resolved receive satisfactory settlement within twenty-four ten (2410) hoursworking days from the date on which the employee presented the employee's grievance to the employee's immediate supervisor or to the person designated as the first level in the grievance procedure, the committee person will then submit employee may proceed to Step Two. STEP TWO: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step One, the employee may present the employee's grievance in writing at the second level of the grievance in writingprocess either by personal service or by mailing by registered mail, on a form to be supplied to the Company employee's immediate Supervisor or to the person designated by the supervisorEmployer as the second level in the grievance procedure. If the employee does not receive a reply or satisfactory settlement of the employee's grievance from the person designated by the Employer as the second level in the grievance process within ten (10) working days from the date on which the employee presented the employee's grievance at the second level, the employee may proceed to Step Three. STEP THREE: Within ten (10) working days from the expiration of the ten (10) day period referred to in Step Two, the employee may present the employee's grievance in writing at the third level of the grievance process either by personal service or by mailing it by registered mail to the employee's immediate supervisor or the person designated by the Employer as the final level in the grievance process for the Department in which the employee is employed. Any settlement proposed by the Employer at levels one and two and any replies must accompany the grievance when it is presented at the third level to the person designated as the final level. The supervisor person designated as the final level shall give his/her decision reply to the grievance in writing to the committee person employee within two fifteen (215) working days from the date the grievance was presented at the third level. Should the employee not receive a reply or satisfactory settlement of the employee's grievance within fifteen (15) working days from the date on which the employee presented the employee's grievance at the final level, the employee may refer the employee's grievance to Adjudication as provided in Article 13 hereof, within fifteen (15) working days of the receipt of the grievance. Should date on which the employee or should have received a reply from the union be dissatisfied with person designated as the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meetingfinal level. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.Grievance Procedure:

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose Any grievance, complaint, or dispute (except jurisdictional disputes) arising out of this Article Agreement involving its interpretation or application shall be considered a grievance and subject to resolution under the following procedure, and it is to establish a further agreed that until said procedure for the settlement of all grievancesis exhausted, there shall be no work stoppage or lockout. 11.02 Any employee having a grievance (a) The Employees shall first take report to their job ▇▇▇▇▇▇▇, or such other business representative as may be designated by the Union, any grievance, complaint, or dispute that arises between the Employee and the Employer. The designated job ▇▇▇▇▇▇▇ or the business representative will attempt to immediately resolve the matter, between the parties on the job. (b) Failing to agree, the designated job ▇▇▇▇▇▇▇ or business representative shall report the matter up to the District Representative of the Union. The District Representative, or their designee shall attempt to settle the matter with his/her committee person who will discuss said an Employer representative. (c) Should the Union and the Employer have a dispute or complaint with the supervisor concerned. If the complaint other party and if after conferring, a settlement is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet reached within five (5) days of working days, the request for such meeting. The Union National Representative and/or President of dispute shall proceed to Step d. in the local union may be in attendance at this meetingsame manner as an Employee complaint. 11.03 Management's decision relating to (d) In the grievance shall event the matter cannot be in writing and, if not rendered during adjusted by the conference, shall be rendered to the Chairperson of the Committee method set forth above within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) working days, the Union will present the matter to the Executive Director of the AGC for adjustment and will reduce the matter to writing if requested. (e) In the event the matter cannot be adjusted within four (4) working days from the date the grievance, complaint, or dispute is presented by the Union representative to the Executive Director of the AGC, the Union may take the dispute to arbitration as outlined in Section 2 of this Article. (f) Any dispute that arises between the employees and the Employer or any complaint or grievance on the part of both or one shall be submitted to the local Union within thirty (30) days of the giving known date of written notice, both parties will exchange lists violation or when Employee could have reasonably become aware of three (3) proposed arbitrators. In the event that no name is common violation to both lists, either party may within ten (10) days after be eligible to receive the lists have been exchanged request assistance of the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestlocal Union. 11.05 The following special procedure shall (g) Times set forth by this Article may be applicable extended by mutual agreement between the parties. (h) Failure of the Union or the Employer to process a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt time frame stipulated shall constitute abandonment of the grievance. If the grievance is abandoned by either party, then the Union or Employer shall accept the abandoned request or decision is as binding. Any abandoned grievance shall not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedconstitute a precedent. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 11.01 The purpose 17.01 For purposes of the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this Article is article, reference to establish "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a procedure for probationary employee has been disciplined or discharged shall not constitute a difference between the settlement of all grievancesparties under this agreement. 11.02 Any 17.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee having a has no grievance shall until he has first take given his immediate supervisor the matter up with his/her committee person who will discuss said opportunity of adjusting his complaint with the supervisor concernedorally or in writing. If any employee has a complaint, he shall discuss it with his immediate supervisor within five (5) days after the circumstances giving rise to the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form have occurred or ought to be supplied have reasonably come to the Company by attention of the supervisoremployee. The supervisor shall give his/her his response to the complaint within five (5) days and, failing settlement, it may be then taken up as a grievance within five (5) days after being advised of the immediate supervisor's decision in the following manner and sequence: If the employee wishes, he may go directly to step 1 of the grievance procedure without following the process outlined above. If an employee decides to go directly to step 1 he must file his grievance under step 1 within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee. The employee, who may request the assistance of his ▇▇▇▇▇▇▇, may present his grievance to his immediate supervisor. The grievance shall be in writing on a grievance form approved by the Company and the Union. The grievance shall be signed by the employee and shall include the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediate supervisor shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Failing Settlement: Within five (5) days after the decision in which Step #1 is given, the employee, who may request the assistance of the ▇▇▇▇▇▇▇, may submit the grievance in writing to his Human Resources Manager or his designate who shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Where an employee's immediate supervisor and the Human Resources Manager are the same person, this step shall be omitted. Within five (5) days after the decision in Step #2, the grievor, who may have the assistance of the Union ▇▇▇▇▇▇▇, may submit the grievance in writing to the committee person within two (2) working days of Store Manager or his designate. A meeting will then be held between the receipt of the grievance. Should Store Manager or his designate and the employee or the union be dissatisfied with the supervisor’s decision, and the Union may refer the grievance to a ▇▇▇▇▇▇▇. Such meeting of the plant committee and representatives of management, who shall meet be held within five (5) days of submission of the grievance at Step #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Union shall be present at such meeting at the request for of either party and that the Company may also have such meetingcounsel and assistance as it may desire. The Union National Representative and/or President decision of the local union may Store Manager or his designate shall be delivered in attendance at this writing within five (5) days following the date of such meeting. 11.03 Management17.03 It is agreed that a policy grievance arising directly between the Company and the Union shall be originated under Step #3 and the time limits set out with respect to the step shall appropriately apply. It is understood, however, that the provisions of this section may not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. 17.04 A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step #3 of the grievance procedure within five (5) days after the date the discharge or suspension is effected. Such grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Company's action in dismissing the employee, or (b) by any other arrangement which may be deemed just and equitable. 17.05 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievances may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the decision relating to under Step #3 is given, the grievance shall be deemed to have been abandoned. 17.06 Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. 17.07 No adjustment effected under the grievance or arbitration procedure shall be made retroactive beyond five (5) days prior to the date that the grievance was formally discussed or presented to the Company except in the case of wages or other cash benefits issues, where the adjustment shall not be retroactive prior to the first occurrence of the issue but in any case not before 45 days prior to the date that the grievance was formally discussed or presented to the Company. 17.08 When either party requests that any matter may be submitted to arbitration as provided in the foregoing article, it shall make such request in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given addressed to the other party within ten (10) days after management's decisionto this agreement, and at the same time nominate an arbitrator. Within five (5) days thereafter the other party shall nominate an arbitrator; provided, however, that if such party fails to nominate an arbitrator as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two arbitrators so nominated shall attempt to select by agreement a chairman of the giving arbitration board. If they are unable to agree upon such a chairman within a period of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged days, they shall then request the Minister of Labour for the Province of Ontario to appoint an arbitrator and impartial chairman. If a chairman has not been agreed upon by the two arbitrators within thirty (30) calendar days of the appointment of the second arbitrator, or a request has not been made of the Ministry of Labour, the grievance shall provide the other party with a copy of such requestbe deemed to have been abandoned. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance 17.09 No person may be lodged appointed as an arbitrator who has been involved in writing an attempt to negotiate or settle the grievance. 17.10 No matter may be submitted to arbitration which has not been properly carried through the Chairperson all requisite steps of the Committee grievance procedure. 17.11 The arbitration board shall not be authorized to make any decision inconsistent with the management within two (2) working days after the receipt provisions of this agreement, nor to alter, modify, add to or amend any part of this agreement nor to award interest. 17.12 The proceedings of the grievance. If arbitration board will be expedited by the parties hereto and the decision of the majority and, where there is not satisfactory to no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or the union, the matter may then proceed on the giving employees concerned. 17.13 Each of the prescribed notice parties hereto will bear the expense of appeal to an impartial the arbitrator selected as herein providedappointed by it and the parties will share equally the expenses, if any, of the chairman of the arbitration board. 11.06 17.14 The term working days when used parties acknowledge that the time limits set out in this Agreement for both the grievance procedure, and arbitration procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall exclude Saturdays, Sundays, holidays and vacations as defined hereinresult in the grievance being deemed to have been abandoned. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 17.01 Any complaint, disagreement or difference of opinion between the parties hereto concerning the interpretation, application, operation or any alleged violation of the terms and provisions of this Article is Agreement shall be considered a Grievance. Grievances shall be presented in writing and shall clearly set forth the Grievance and the contentions of the aggrieved party, following which the Union Representative or Representatives and the Employer Representative or Representatives shall meet and, in good faith, shall earnestly endeavour to establish a procedure for settle the settlement of all grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concernedGrievance submitted. If a satisfactory settlement cannot be reached or if the complaint is not satisfactorily resolved party on whom the Grievance has been served fails to meet the other party within twenty-four fourteen (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (514) days of receiving the request for such meeting. The Union National Representative and/or President written Grievance, either party may, by written notice served upon the other, require submission of the local union may Grievance to a Board of Arbitration, such Board to be established in attendance at the manner provided in Section 18 of this meetingAgreement. 11.03 Management's decision relating 17.02 Grievances involving the dismissal or layoff of an employee must be submitted to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party Employer within ten (10) working days after management's decision. Within five (5) days from the date of dismissal or layoff or be waived by the aggrieved party, provided notice has been given as required under Section 13.05. 17.03 Any employee alleging wrongful dismissal may place his or her allegation before the Union Representative and, if the Union Representative considers that the objection of the giving of written noticeemployee has merit, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common dismissal shall become a Grievance and be subject to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestGrievance Procedure as established by this Agreement. 11.05 17.04 The following special procedure shall Employer agrees to reply in writing as to the disposition of all Grievances submitted by the Union. 17.05 Any grievance may, by mutual agreement between the Employer and the Union, be applicable referred at any time to a grievance alleging improper discharge or suspension of an employee“trouble-shooter” agreed to by the Parties, on a case-by-case basis, who shall endeavour through mediation to help the Parties resolve the issues in dispute. The grievance may Such “trouble-shooter” shall not be lodged in writing through the Chairperson of the Committee empowered to the management within two (2) working days after the receipt of the render any final and binding decision concerning any grievance. If For the decision is not satisfactory to the employee or the unionduration of this “trouble-shooting” in each case, the matter may then proceed on time limits otherwise applicable for processing the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in under this Agreement shall apply equally be deemed to a grievance lodged by a group of employeesbe “frozen”, or to a Union policy grievancethat is, held in abeyance. All grievance forms and appeal forms The costs for the “trouble- shooter” in each case shall be supplied borne equally by the companyEmployer and the Union.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 A Grievance under this Agreement shall be defined as any difference or dispute between the Employer and any Employee relating to the interpretation, application or administration of this Article Agreement, including any questions as to whether the matter is to establish a procedure for arbitrable, and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up the settlement of all grievances. 11.02 Any employee following manner: An Employee having a grievance question or complaint shall first take the matter up with his/her committee person who will discuss said complaint with the refer it to his immediate supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four ten (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (210) working days of the receipt actual occurrence leading to the question or complaint. The supervisor shall reply to the Employee giving the answer to the complaint or question within four (4) working days from date of submission. If further action is then to be taken, then within ten (10) working days after the grievancedecision is given in Step No. Should 1, the employee Employee, who may request the assistance of his or her ▇▇▇▇▇▇▇, shall submit the union grievance in writing to the General Manager. A meeting will then be dissatisfied with held between the supervisor’s decisionGeneral Manager or his designated representative and the Employee. It is understood that, at such a meeting the General Manager or his designated representative may have such counsel and assistance as he may desire, and that the Employee may have his ▇▇▇▇▇▇▇, and that the SEIU Union Representative or an International Representative of the Union may refer also be present at the grievance to a meeting request of either the Employee or the Employer. The decision of the plant committee and representatives of management, who General Manager or his designated representative shall meet be given in writing within five (5) working days following the meeting. Should the General Manager fail to render his decision as required in Step No. 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee Arbitration is received within two five (25) working days after the holding of the conference. 11.04 If management's decision under Step No. 2 is not satisfactory to the employee given, or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) working days after management's decisionfollowing the meeting under Step No. Within five (5) days 2 of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, the grievance shall exclude be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. 8.02 Any of the time allowances above may be extended by mutual agreement of the parties. 8.03 In determining the time within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays, holidays Sundays and vacations as defined hereinpaid holidays. 11.07 The grievance procedure outlined 8.04 An Employee subject to disciplinary action which is to be recorded in this Agreement the Employee’s personnel file shall apply equally have the right, to a grievance lodged by a group the presence of employees, or to the Union ▇▇▇▇▇▇▇. In extraordinary circumstances when a Union policy grievance. All grievance forms and appeal forms ▇▇▇▇▇▇▇ is entirely unavailable, the Employee shall be supplied by have the companyright to the presence of a Union Committee member or a member representative of the Employee’s choice who is working on the current shift; however, an Employee may elect to forgo this representation if she so chooses.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 17.1 The purpose parties to this Agreement agree that all steps shall be taken to assure that grievances shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of this Article the Grievance procedure. It is understood that a reasonable amount of time may be spent by members of the Union Grievance Committee in order to establish investigate and participate in grievance matters and the Union agrees that the members of the Union Grievance Committee will cooperate with the Company in not conducting investigations in a procedure for manner which will unduly interfere with the settlement of all Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and settle grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. 17.2 The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement Grievance Procedure shall apply equally to a grievance lodged by a group of employeesemployees and be processed as an individual grievance. 17.3 An employee who believes that he/she has been or is being unjustly dealt with, or that any provision of the Collective Agreement have not been complied with shall within (5) calendar days of the alleged non-compliance, meet with his/her supervisor (and with his/her Union Representative, if he/she so desires) to discuss his/her concerns. Only after meeting with his/her supervisor, and if the matter is not settled satisfactorily, may the employee proceed with a Union policy grievancegrievance at Step One. All The following steps in the Grievance procedure shall apply: : The grievance forms and appeal forms shall be supplied in writing. The Local President or his/her designate (i) shall submit the grievance to the Director, Human Resources (or the Company’s designate) and (ii) shall meet with the employee’s direct manager and the Director, Human Resources (or his/her designate) within ten (10) calendar days from the date the grievance was submitted. The Director, Human Resources (or the Company’s designate) shall respond to the grievance in writing within ten (10) calendar days after the meeting. Within ten (10) calendar days of receipt of the response under Step One, the Local President or his/her designate may appeal the case to the Chief Operating Officer and/or designated Management employee of the Company and the Director, Human Resources or his/her designate. The Chief Operating Officer and/or designated Management employee will arrange and chair a meeting of the interested parties within fifteen (15) calendar days so that related facts will be subjected to examination. A written decision shall be rendered by the companyCompany within fifteen (15) calendar days of the meeting. Should the Union disagree with the decision stated in Step Two, the Union may, within sixty (60) days, advise the Chief Operating Officer and/or designated Management employee of the Company by letter of the Union’s intention to refer the grievance to arbitration in the manner prescribed in Article 17. The Chief Operating Officer and/or designated Management employee upon receipt of the letter will respond within ten (10) calendar days if he/she decides to change the decision rendered in the particular case. 17.4 All time limits are specified herein for the grievance procedure may be extended, but only by mutual agreement and confirmed in writing. 17.5 In cases when an employee is investigated as a result of an alleged misdemeanour, the Director of the related department or their designated representative and/or the Director, Human Resources (or the Company’s designate) will investigate the incident with all related parties prior to the issuance of a formal document. 17.6 An employee who had completed his/her probationary period will not be disciplined in excess of a written reprimand without a proper hearing. 17.7 Notwithstanding complaints from guests, the Company shall not inscribe on the record of any employee any complaint lodged more than fifteen (15) days after the incident within the Tower comes to the attention of Management. An employee shall be notified of anything inscribed on his/her record. 17.8 Any formal entry which relates to an employee's conduct and which could be used for the purpose of administration of discipline shall be placed in an employee's file for a period of one (1) year and then removed. However, in the case of incidents of a like nature, the formal entry will be held on an employee's file for a period of two (2) years and then removed. A copy of all such entries or documents shall be sent to the employee and to the Local President or his/her designate at the time any entry or document is placed on the file and both the Union and the employee shall be required to acknowledge receipt of same. Any written reply from the Union shall be placed on the employee's file. 17.9 Any discipline assessed will be imposed without delay. No employee shall be disciplined on his or her day(s) off unless termination is contemplated. 17.10 In case of discipline involving potential suspension the Director, Human Resources (or the Company’s designate) shall meet with the Local President or his/her designate, the employee and his/her Supervisor, to discuss the offence in question. Within three (3) days of such discussion, the employee will be notified of any discipline in writing and the Local President or his/her designate will be provided with a copy. Unless the nature of the offence warrants it, the employee will not be held out of service pending discipline. 17.11 When the nature of the alleged offence is one in which dismissal is contemplated, no employee may be held out of service for investigation of any charges against him/her for a period longer than three (3) working days, unless mutually extended by the Local President or his/her designate and the Company, without the holding of a hearing. The employee must be notified at least one (1) working day in advance of such a hearing. The employee or his/her representative shall be given in writing a complete list of the charges against him/her and any evidence to substantiate those charges known to the Company at the time when notified of the hearing. At the hearing the Company shall present all the evidence and/or available witnesses or evidence to support their charges and the employee may present available evidence or witnesses to support his/her case. The employee must also be represented by the local Union representation, and/or an accredited representative of the CAW. The Company will render its decision of the hearing in writing within three (3) calendar days thereafter. If the employee is not satisfied with the decision, he/she may process his/her case further, commencing at Step Two of the grievance procedure. 17.12 Should the employee be exonerated, he/she shall be paid at his/her regular rate of pay for any time lost, and the record of the employee shall be cleared of the alleged offence. 17.13 The settlement of any dispute shall not under circumstances involve retroactive pay beyond a period of ninety (90) calendar days prior to the date that such grievance was submitted at Step One of the grievance procedure. 17.14 Where a grievance other than one based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, the grievance will be considered to have been dropped. Where a decision with respect to such a grievance is not rendered by the appropriate officer of the Company within the prescribed time limits, the grievance will be processed to the next step of the grievance procedure. 17.15 When a written grievance based on a claim for unpaid wages is not progressed by the CAW within the prescribed time limits, it shall be considered dropped. When the appropriate officer of the Company fails to render a decision with respect to such a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Collective Agreement. 17.16 The time limits as provided under this Article will apply equally to grievances originating with the Company and may be extended by mutual agreement in writing. 17.17 Where the term "calendar days" is used, Saturdays, Sundays and holidays are excluded. 17.18 Employees will be granted reasonable access to his or her discipline file at least once per year, at a mutually agreed upon time and in the presence of an employee representative.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 34.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee: (a) within the time limits prescribed in clause 34.11, gives notice that they wish to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or, (b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of their intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Institute representative. (c) When an employee wishes to take advantage of a process outlined under 34.01(a) or 34.01(b) above that pertains to the application of a provision of the collective agreement, the employee may, at their request, be represented by the Institute at any meeting or mediation session held to deal with the matter. 34.02 In determining the time within which any action is to establish a procedure for the settlement of all grievancesbe taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded. 11.02 Any 34.03 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee having and, where appropriate, the Institute representative. 34.04 Where the provisions of clauses 34.06, 34.23 or 34.37 cannot be complied with and it is necessary to present a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hoursby mail, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during deemed to have been presented on the conference, day on which it is postmarked and it shall be rendered deemed to have been received by the Employer on the day it is delivered to the Chairperson appropriate office. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form. 34.05 A grievance shall not be deemed to be invalid by reason only of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision fact that it is not satisfactory to in accordance with the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be form supplied by the companyEmployer. Individual grievances 34.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee’s immediate supervisor or local officer-in-charge who shall forthwith: (a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and (b) provide the employee with a receipt stating the date on which the grievance was received by them.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 (a) The purpose of this Article is to establish a procedure provide the sole method for the settlement of all grievances. 11.02 Any employee having a grievance alleging that a specific provision or interpretation of this Agreement has been violated. Such a grievance shall first take the matter up with his/her committee person who will discuss said complaint be presented and processed in accordance with the supervisor concernedsteps, time limits and conditions herein set forth. For the purposes of Articles 6 and 7, working days shall be considered as falling during the Monday to Friday period regardless of the Employee’s shift. (b) An Employee who has filed a grievance in timely fashion alleging a breach of Article 3.08 and who wishes to avail himself/herself of the services of the Centre for Human Rights may do so by so indicating this desire in writing. If the Grievor elects to pursue the complaint is not satisfactorily resolved within twenty-four (24) hoursthrough the Centre for Human Rights or the University Workplace Harassment Prevention Program, the committee person grievance procedure time limits will then submit be suspended from the grievance in writing, on a form date of the Employee’s written request and such time limits shall not commence to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two operate until ten (210) working days following the date of the receipt decision of the grievanceCentre for Human Rights or Assistant Vice-President Human Resources. Should the employee or the union be dissatisfied with the supervisor’s decisionDuring this ten (10) working day period, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to Grievor must notify the other party within if he/she intends to continue to pursue the matter through the grievance procedure. In the event that the time limits in the grievance procedure have been suspended for more than twelve (12) months, the University may give written notice to the Union and the Grievor that such time limits will commence to operate starting ten (10) days after management's decisionfollowing the date of such written notice. Within The Employee may also choose to have his/her complaint under Article 3.08 dealt with solely pursuant to the grievance procedure under this collective agreement. 6.02 No grievance shall be considered where the request for the Complaint Stage meeting, if applicable, or the submission of the written grievance at the appropriate Step, occurs more than five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt an Employee became aware, or reasonably ought to have been aware, of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving occurrence of the prescribed notice of appeal to an impartial arbitrator selected as herein providedcircumstances giving rise thereto. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 ‌ 9.01 The purpose Company and the Union agree that it is in their mutual interest to settle complaints and grievances as quickly as possible. 9.02 Should any question arise concerning the application, interpretation or alleged violation of the provisions of this Article is to establish a Agreement between the Company and any employee or group of employees, the following procedure for the settlement of all grievances.shall apply: 11.02 Step 1 Any employee having a grievance and/or her/his ▇▇▇▇▇▇▇ shall first take the matter up with his/her committee person who will discuss said any written complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the her/his immediate supervisor. The supervisor Supervisor shall give hisstate her/her his decision in writing to the committee person ▇▇▇▇▇▇▇ within two ten (10) working days. Failing any reply or a satisfactory settlement within ten (10) working days, the employee may proceed to Step 2. Step 2 If the matter is not satisfactorily settled at Step 1, it may be submitted to the Manager or her/his designated representative, on an approved grievance form, who shall within ten (10) working days of the receipt submission of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to her/him, hold a meeting with a Unit Representative and the griever, who may be accompanied by the Local Union President and/or Staff Representative of the plant committee International Union. The Company will make every effort to provide forty eight (48) hour notice to the union ▇▇▇▇▇▇▇ and representatives griever of management, who when the meeting will take place. The Manager shall meet within five fifteen (515) working days of the request for such meeting. The , or at a time agreed upon, state his/her decision to the Union National Representative and/or President of the local union may be in attendance at this meetingwriting. 11.03 Management's decision relating to the 9.03 No grievance shall be in writing and, considered if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee circumstances occurred or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within originated more than ten (10) working days after management's decision. Within five (5prior to filing a complaint in Step 1 of Article 9. a) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both listscase of any violation, either party may within the ten (10) working days after shall commence from when the lists have been exchanged request employee first became aware of the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestcircumstances. 11.05 b) In the case of a payment issue from the date the employee receives his/her pay stub. 9.04 The following special grievance procedure shall may be applicable to utilized by the Company or by the Union in processing a grievance alleging improper discharge or suspension and which alleges a violation of an employeethis Agreement. The Such a grievance may be lodged in writing through the Chairperson introduced at Step 2. A group grievance will also be introduced at Step 2 of the Committee to grievance procedure. If a satisfactory settlement of the management dispute is not reached within two fifteen (215) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the uniondays, the matter may then proceed on the giving be referred within a further fifteen (15) working days to arbitration. 9.05 Any decision of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used parties at any Step in this Agreement for the grievance procedure, shall exclude Saturdaysas well as the arbitrator’s decision, Sundayswill be final and binding upon the Company, holidays the Union and vacations as defined hereinthe employee(s) involved. 11.07 9.06 The grievance procedure outlined mediation process can be used in this Agreement shall apply equally to the settlement of a grievance lodged if agreed upon by a group both parties and should be suggested after completion of employees, or to a Union policy grievanceStep 2 of the grievance procedure. All grievance forms Agreements reached in Mediation will be final and appeal forms shall be supplied by the companybinding on both parties.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 For purposes of this Article Agreement, a grievance is defined as a difference arising between the parties relating to establish the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a procedure for the settlement of all grievancesmatter is arbitrable. 11.02 Any 8.02 It is the mutual desire of the parties hereto that complaints of employees shall be resolved as quickly as possible. It is understood that an employee having a has no grievance shall until he/she has first take the matter up with given his/her committee person who will discuss said complaint with immediate Team Leader the supervisor concernedopportunity of resolving their complaint. If an employee has a complaint, he/she shall advise the Team Leader that he/she wishes to hold a complaint meeting and discuss it with their immediate Team Leader seven (7) working days after the circumstances giving rise to the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form have occurred or ought to be supplied have reasonably come to the Company by attention of the supervisoremployee. The supervisor discussion shall give his/her decision be between the employee and their immediate Team Leader. The Employee may request a Union Representative be present. Step 1 Should the employee’s complaint or concern not be adequately addressed to his satisfaction with in writing to the committee person within two seven (27) working days of the meeting the employee may file a written grievance to the employee's Senior Service Manager or designate. The Senior Service Manager or designate shall investigate the grievance and may discuss it with the employee or employees involved with the ▇▇▇▇▇▇▇ who has signed the grievance. The Senior Service Manager or designate shall give their decision in writing to such ▇▇▇▇▇▇▇ within a further seven (7) days following receipt of the grievance. Should . Step 2 Within seven (7) days after the employee Step 1 decision is received or the union be dissatisfied with the supervisor’s decisionshould have been received, the Union grievor and/or his/her ▇▇▇▇▇▇▇ may refer submit the grievance in writing to the Director of Service or their designate. A meeting will then be held between the Director of Services or his/her designate, the griever, one member of the Union Grievance Committee and, a national representative of the Canadian Union of Public Employees if the Union so wishes. Such a meeting of the plant committee and representatives of management, who shall meet be held within five seven (57) days of the request for submission of the grievance at Step 2, unless extended by written mutual agreement of all parties. The decision of the Director of Services or his/her designate shall be delivered in writing within seven (7) days following the date of such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 ‌ 18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee: (a) within the time limits prescribed in clause 18.11, gives notice that they wish to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits; or, (b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of their intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative. (c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism. (d) When an employee wishes to take advantage of a process outlined under 18.01(a) or 18.01(b) above that pertains to the application of a provision of the collective agreement, the employee may, at their request, be represented by the Alliance at any meeting or mediation session held to deal with the matter. 18.02 In determining the time within which any action is to establish a procedure for the settlement of all grievancesbe taken as prescribed in this Article, Saturdays, Sundays and designated paid holidays shall be excluded. 11.02 Any 18.03 The time limits stipulated in this Article may be extended by mutual agreement between the Employer and the employee having and, where appropriate, the Alliance representative. 18.04 Where the provisions of clauses 18.06, 18.23 or 18.37 cannot be complied with and it is necessary to present a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hoursby mail, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during deemed to have been presented on the conference, day on which it is postmarked and it shall be rendered deemed to have been received by the Employer on the day it is date stamped received by the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present their grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the Chairperson address shown on the grievance form. 18.05 A grievance shall not be deemed to be invalid by reason only of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision fact that it is not satisfactory to in accordance with the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be form supplied by the companyEmployer. Individual Grievances 18.06 An employee who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith: (a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, and (b) provide the employee with a receipt stating the date on which the grievance was received by the employee.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 It is the mutual desire of the parties hereto that grievances of employees concerning the interpretation or alleged violation of this Article Agreement shall be adjusted as quickly as possible and it is to establish a procedure for the settlement understood that an employee has no grievance until he has first given his immediate supervisor an opportunity of all grievances. 11.02 Any employee having adjusting his grievance. Such a grievance shall first take the matter up with his/her committee person who will discuss said complaint be discussed with the immediate supervisor concerned. If within five (5) working days after the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit circumstances giving rise to the grievance have occurred. Failing settlement, it may then be taken up as a written grievance within five (5) working days following advice of the immediate supervisor's decision in writingthe following manner and sequence: STEP I Between the employee, on a form to who may have the assistance of his ▇▇▇▇▇▇▇ if he so desires, and the General Manager or his designate. The grievance shall be supplied to the Company submitted in writing and signed by the supervisoremployee. The supervisor grievance shall include the following minimum information: (i) Name of the grievor; (ii) Date of the act, event, occurrence or omission forming the basis of the grievance; (iii) Substance of the grievance clearly stated; (iv) Relief sought; and, (v) Signature of the ▇▇▇▇▇▇▇ and the grievor. The General Manager or his designate will give his/her his decision in writing within five (5) working days following the presentation of the grievance to him. Failing settlement: STEP II Within five (5) working days after the decision is given under Step I, the grievance may be submitted in writing by the employee, who may have the assistance of a ▇▇▇▇▇▇▇ if he so desires, to the committee person General Manager or his designate. The General Manager or his designate will give his decision in writing within two five (25) working days from the date of receiving the written grievance. 8.02 Failing settlement under the foregoing procedure of a grievance arising from the interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to Arbitration as set forth in Article 9, within ten (10) working days after the date of the decision under Step II. 8.03 Where no written decision has been given within the time limits specified, the grievance may be submitted to the next step of the foregoing procedure, including Arbitration. The time limits provided under this Article may be extended by mutual agreement in writing of the parties. 8.04 It is agreed that only grievances involving suspension or discharge, or grievances arising directly between the Company and the Union shall be originated under Step II with the minimum information set out in Step I included in the written grievance within five (5) working days after the circumstances giving rise to the grievance have occurred, and the time limits set out with respect to that step shall appropriately apply. 8.05 A Union policy grievance or a Company grievance may be submitted by the Company or the Union, as the case may be, in writing within ten (10) working days from the time the circumstances upon which the grievance is based are known or reasonably could have been known by the grieving party. A meeting between the Company and the Union shall be held within five (5) working days of the receipt presentation of the grievancewritten grievance and shall take place within the framework of Step II of Article 8 hereof. Should the employee The Company or the union be dissatisfied with Union, as the supervisor’s decisioncase may be, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet give its written decision within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have such meeting has been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievanceheld. If the decision is not satisfactory unsatisfactory to the employee or the uniongrieving party, the matter grievance may then proceed on the giving of the prescribed notice of appeal be submitted to an impartial arbitrator selected arbitration as herein providedhereinafter set out. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 5.01 When an employee has a grievance against the company it shall be processed in accordance with the grievance procedure hereinafter provided. The purpose company may, however, at its discretion decline to consider any grievance which is lodged more than five (5) working days after the cause of this Article is the grievance should have become known to establish a procedure for the settlement of all grievancesemployee. 11.02 Any (a) Grievances at all steps in the grievance procedure shall be presented in writing, signed by the employee, and replies thereto shall also be made in writing. (b) An employee having must have the consent of a grievance shall first take the matter up with ▇▇▇▇▇▇▇ or an alternate prior to his/her committee person who will discuss said complaint with signing a grievance. After a grievance is signed, it becomes the supervisor concerned. If property of the complaint union, and it is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit responsibility of the union to settle or appeal the grievance to the next step. (c) The decision of the company at each step of the grievance procedure shall be delivered to the appropriate representative of the union. 5.03 No grievance shall be considered which usurps the function of management, provided that the question of whether or not the subject matter of the grievance comes within this provision may itself be carried through the grievance procedure as part of the grievance and determined accordingly. (a) Any employee claiming to have a grievance of any kind may present it in writing, writing to the manager of plant protection on a form forms to be supplied to the Company by the supervisor. company on request of the employee or his/her ▇▇▇▇▇▇▇. (b) The supervisor manager of plant protection shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating reply to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two three (23) working days after its presentation to him/her. (a) If the holding reply of the conference. 11.04 If management's decision manager of plant protection is not satisfactory to the employee or the unionconcerned, it an appeal therefrom may be referred to an arbitratorlodged in writing and signed by the employee, provided written notice with the human resources manager, within three (3) working days of the party's intention to refer delivery of the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Thereafter the union may request the company to meet with its bargaining committee in an effort to settle the grievance. (b) Within five (5) working days after such request has been received, a meeting shall be arranged between the bargaining committee and the human resources manager. (c) The company's reply to the grievance at this step shall be given within seven (7) working days after such meeting. (a) If the company's reply is not satisfactory to the employee concerned, written notice of appeal signed by the employee may be served on the human resources manager within seven (7) working days from the date of delivery of the giving company's reply, appealing the grievance to an umpire. (b) As promptly as possible after the employee's grievance has been appealed to an umpire, the parties shall arrange to select an umpire. If the parties are unable to select an umpire, then the matter shall be referred to the Minister of written noticeLabour for Ontario, both parties will exchange lists for the appointment of three an umpire. 5.07 In case of a general grievance alleging that the company has violated or misinterpreted this agreement, the chairperson, in the first instance, shall present the same to the human resources manager in the same way and with the same further procedure as is outlined in sections 5.05 and 5.06. (a) For the purposes of this article, a "working day" shall mean any day except Saturday, Sunday and the holidays specified in article 11. (b) Any of the time limits provided in this article may be extended by mutual agreement in writing. (c) Any grievance to which a reply is not made by the company within the time limits prescribed herein or such extension as may have been agreed to may be referred to the next step in the grievance procedure, the time limit to run from the date the time for reply expired. Any grievance not carried to the next step within the time limits prescribed herein, or such extension as may have been agreed to, shall be automatically closed upon the basis of the last reply. (a) It shall be the function of the umpire to whom a grievance is appealed pursuant to section 5.06, and he/she shall be empowered, to decide the matter in accordance with and on the basis of this agreement, and the following rules shall be applicable to the umpire: (1) he/she shall have no power to add to, or subtract from, or modify or amend any of the terms of this agreement. (2) he/she shall have no power to establish wage scales or change any wage. (3) proposed arbitratorshe/she shall have no power to substitute his/her discretion for the company's discretion in cases where the company is given discretion by this agreement, or by any supplementary agreement, except that where he/she finds a disciplinary suspension or discharge is unjust or unreasonable, he/she may make appropriate modification of the penalty. (4) he/she shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide. In rendering decisions, an umpire shall have due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this agreement. (a) In the event that a case is appealed to an umpire on which he/she has no name is common power to both listsrule, either party may within ten (10) days after it shall be referred back to the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestparties without decision or recommendations on its merits. 11.05 (b) There shall be no appeal from an umpire's decision. It shall be final and binding on the union, its members, the employees involved and the company. (c) The fees and expenses of the umpire shall be shared equally by the company and the union or, if a grievance has been appealed to the umpire by an employee who is not a member of the union without the consent of the union, such expense shall be borne in equal shares by the company and the employee concerned. The shares shall be paid directly to the umpire by each party. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. 5.10 The grievance procedure hereinbefore prescribed shall apply to a grievance lodged by a group of employees, save that an appeal on a group grievance shall not be rejected on the ground of lack of signature by the employees alleging the grievance, provided one such employee signs each notice of appeal. 5.11 In the absence or inability to act of the company representatives referred to throughout the grievance procedure, the company may act through nominees of the respective representatives. 5.12 The following special procedure shall be applicable to a grievance alleging improper discharge of an employee or suspension of an employee. employee and may be used by an employee alleging improper layoff or discrimination as defined in section 21.01 of this agreement: (a) The grievance may be lodged in writing through by the Chairperson discharged or suspended employee with the human resources manager within three (3) regular working days of the Committee to discharge or suspension. In the management case of an allegation of improper layoff or discrimination, the grievance may be lodged in writing by the affected employee within two (2) 5 regular working days after the receipt cause of the grievance. grievance should have become known to the employee. (b) Thereupon the grievance shall be handled as an appeal to the human resources manager at step 2 of the general grievance procedure. (c) If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal as an appeal to an impartial arbitrator selected as herein providedumpire at step 3 of the general grievance procedure. 11.06 The term working days when used 5.13 Notwithstanding anything contained elsewhere in this Agreement agreement, no grievance shall be lodged or prosecuted against the discharge by the company of a probationary employee unless the employee alleges that his or her discharge is not for grievance procedurecause or unless the employee alleges that he/she has been discriminated against in such discharge by reason of union activity, and the umpire shall exclude Saturdays, Sundays, holidays and vacations as defined hereinnot reverse his/her discharge on any other ground. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged 5.14 On request by a group discharged employee to his/her supervisor, the employee will be given an opportunity to discuss his/her discharge with his/her ▇▇▇▇▇▇▇ or with the chairperson before leaving the company premises. 5.15 When an employee is called to an interview by a member of employeesthe staff of the human resources office, or to a Union policy grievance. All grievance forms and appeal forms person who holds a supervisory position in plant protection, for the purpose of investigating alleged misconduct which may result in discipline, suspension or discharge of such employee, he/she shall be supplied by notified that, if he/she desires, he/she may require the companypresence of his/her ▇▇▇▇▇▇▇ or chairperson if available, at such interview. The ▇▇▇▇▇▇▇ or chairperson when called to such an interview at the request of the employee concerned shall not have the time spent on these duties charged against the time that is used for handling grievances.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 11.01 5.01 The purpose of this Article is to establish a procedure for the settlement of all grievances. 11.02 Any employee having a parties hereto desire that every grievance shall be dealt with as quickly as possible. The grievance will be submitted in the first take step within thirty (30) calendar days of the matter up with circumstances giving rise to the grievance or in the case of an employee on approved leave of absence or vacation, within thirty (30) calendar days of his/her committee person who will discuss said complaint return from such leave of absence or vacation. 5.02 For the purposes of this Agreement, a grievance is defined as a dispute or controversy between the Employer and one or more of its employees concerning the interpretation, application, meaning, operation, any alleged violation of this Agreement or any terms or conditions of employment. 5.03 A grievance must be submitted in writing by an employee, a ▇▇▇▇▇▇▇, or a staff member of the Union on the grievance form which the parties have agreed to use for this purpose, and shall be dealt with as follows: Step 1 The grievance shall be taken up with the supervisor concerned. If the complaint is not satisfactorily resolved President or designate, who shall render a written decision within twenty-four fourteen (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (214) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the Step 2 A grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written arbitration by either party giving notice of the party's intention to refer the dispute to an arbitrator is given to the other party in writing of its intention to do so. Such written notice shall be given within ten (10) days after management's decisionof the receipt of the decision in Step 1 or from the expiry of the time limits at Step 1, whichever is the earlier. Within five (5) 20 calendar days receipt of the giving of such written notice, both the parties will exchange lists shall discuss the appointment of three a sole arbitrator. If the parties cannot agree to an arbitrator within a further 10 (3ten) proposed arbitrators. In the event that no name is common to both listsdays, either party may within ten (10) days after the lists have been exchanged they shall request the Minister of Labour of Ontario (Saskatchewan) to appoint an arbitrator Arbitrator and the person so appointed shall be duly empowered to act accordingly. 5.04 The Union shall have the right to submit a policy grievance within thirty (30) days of the circumstances giving rise to the policy grievance. 5.05 The time limits set out in this Article may be extended by written agreement of the parities, provided that requests for extensions are made prior to the expiry of the time limitation. 5.06 Employees shall be entitled to representation at any step of the grievance procedure. 5.07 In the event of a grievance, the Employer agrees, upon request, to provide the other party Union with a copy copies of such requestdisciplinary and/or appraisal documents which have been served upon the employee which the Employer intends to use in regard to the specific grievance. 11.05 The following special procedure 5.08 References to disciplinary matters shall be applicable to a grievance alleging improper discharge or suspension of an removed from the employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within 's personal file after two (2) working days after the receipt years providing there have been no further incidents of the grievance. If same or substantially similar nature during that two-year period and such references, once removed, will no longer be admissible as evidence in any arbitration hearing. 5.09 When an employee is required to attend a meeting where a disciplinary decision concerning him/her is to be taken by the decision is not satisfactory to Employer, the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by entitled to have a representative attend the companymeeting.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 35.01 In cases of this Article is to establish alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the NJC parties have endorsed, the grievance procedure for will be in accordance with Section 14 of the settlement of all grievancesNJC By-Laws. 11.02 Any 35.02 If he or she so desires an employee having may be assisted and/or represented by the Union when presenting a grievance shall first take the matter up with his/her committee person at any step. 35.03 An employee who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit wishes to present a grievance at any prescribed step in the grievance in writingprocedure, on a form shall transmit this grievance to be supplied to the Company by the supervisor. The his or her immediate supervisor or local officer-in-charge who shall give his/her decision in writing to the committee person within two forthwith: (2a) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer forward the grievance to a meeting the representative of the plant committee Employer authorized to deal with grievances at the appropriate step, and (b) provide the employee with a receipt stating the date on which the grievance was received by him or her. 35.04 A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer. 35.05 Subject to and representatives as provided in Section 91 of the Public Service Staff Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 35.03, except that: (a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the employee’s specific complaint such procedure must be followed, and (b) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral award, the employee is not entitled to present the grievance unless the employee has the approval of and is represented by the Union. 35.06 There shall be no more than a maximum of four (4) steps in the grievance procedure. These steps shall be as follows: (a) Step 1 - first level of management, who ; (b) Step 2 - (and 3 in departments or agencies where such a step is established) - intermediate step(s); (c) Final Step - Chief Executive or authorized representative. 35.07 The Employer shall meet within five (5) days designate a representative at each step in the grievance procedure and shall inform each employee to whom the procedure applies of the request for such meeting. name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented. 35.08 The Union National Representative and/or President shall have the right to consult with the Employer with respect to a grievance at each or any step of the local union may be in attendance at this meetinggrievance procedure. 11.03 Management's decision relating 35.09 An employee may present a grievance to the grievance shall be first step of the procedure in the manner prescribed in clause 35.03, not later than the twenty-fifth (25th) day after the date on which the employee is notified orally or in writing and, if not rendered during or on which the conference, shall be rendered to the Chairperson employee first becomes aware of the Committee within two action or circumstances giving rise 35.10 An employee may present a grievance at each succeeding step in the grievance procedure beyond the first step either: (2a) working days after where the holding of the conference. 11.04 If management's decision or settlement is not satisfactory to the employee or the unionemployee, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five that decision or settlement has been conveyed in writing to the employee by the Employer, or (5b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 35.11, within ten (10) days following the last day on which the Employer was due to convey a decision. 35.11 The Employer shall normally reply to an employee’s grievance at any step of the giving of written noticegrievance procedure, both parties will exchange lists of three (3) proposed arbitrators. In except the event that no name is common to both listsfinal step, either party may within ten (10) days after the lists have grievance is presented, and within thirty (30) days where the grievance is presented at the final step. 35.12 Where an employee has been exchanged request represented by the Minister Union in the presentation of Labour of Ontario to appoint an arbitrator and shall his or her grievance, the Employer will provide the other party appropriate representative of the Union with a copy of such requestthe Employer’s decision at each step of the 35.13 The decision given by the Employer at the final step in the grievance shall be final and binding upon the employee for all purposes of the Public Service Staff Relations Act, unless the grievance is one which may be referred to adjudication. 11.05 The following special procedure 35.14 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be applicable excluded. 35.15 Where the provisions of clause 35.03 cannot be complied with and it is necessary to present a grievance alleging improper discharge by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or suspension of an employeeagency concerned. Similarly the Employer shall be deemed to have delivered a reply at any step on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher step shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form. 35.16 The grievance time limits stipulated in this procedure may be lodged extended by mutual agreement between the Employer and the employee and, where appropriate, the Union representative, except as provided in writing through clause 35.18. 35.17 Where it appears that the Chairperson nature of the Committee to grievance is such that a decision cannot be given below a particular step of authority, any or all the management within two (2) working days after steps except the receipt final step may be eliminated by agreement of the grievance. If Employer and the decision is not satisfactory to the employee or the unionemployee, and, where applicable, the matter may then proceed on Union. 35.18 Where the giving Employer demotes or terminates an employee for cause pursuant to paragraph 11(2)(f) or (g) of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedureFinancial Administration Act, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The the grievance procedure outlined set forth in this Agreement shall apply equally except that: (a) the grievance may be presented at the final step only, and (b) the thirty (30)-day time limit within which the Employer is to reply at the final step may be extended to a maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Union. 35.19 An employee may by written notice to his or her immediate supervisor or officer-in-charge abandon a grievance. 35.20 Any employee who fails to present a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms the next higher step within the prescribed time limits shall be supplied deemed to have abandoned the grievance unless, due to circumstances beyond the employee’s control, the employee was unable to comply with the prescribed time limits. 35.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance, as provided in this Collective Agreement. 35.22 Where an employee has presented a grievance up to and including the companyfinal step in the grievance procedure with respect to: (a) the interpretation or application in respect of the employee of a provision of this Collective Agreement or a related arbitral award, or (b) disciplinary action resulting in discharge, suspension or a financial penalty, and the employee’s grievance has not been dealt with to the employee’s satisfaction, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations. 35.23 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this Agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Union signifies in prescribed manner: (a) its approval of the reference of the grievance to adjudication, and (b) its willingness to represent the employee in the adjudication proceedings.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 1.9.1 Should a dispute arise between the Employer and an Employee, or the Union, regarding the interpretation, meaning, operation, or application of this Article Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort shall be made to establish a procedure for settle the settlement of all grievancesdispute in the manner as described in this Article. 11.02 Any employee having 1.9.2 It is the mutual desire of the parties that the complaints of Employees shall be resolved as quickly as possible. It is understood that an Employee has no grievance until he/she has first given his/her appropriate Supervisor the opportunity of resolving his/her complaint. The Employee may request the assistance of a grievance Union representative. If an Employee has a complaint he/she shall first take the matter up discuss it with his/her committee person who will discuss said complaint with appropriate Supervisor within twenty (20) working days after the supervisor concerned. If day on which the circumstances giving rise to the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form occurred or ought to be supplied have reasonably come to the Company by attention of the supervisorEmployee. The supervisor Supervisor shall give his/her decision in writing response to this complainant within seven (7) working days following this discussion. 1.9.3 Any dispute that arises under Appendix X, #4, shall be considered as a Step 1 Grievance under this Article and shall be filed with the appropriate Manager. The Union shall advise Employee Services of any dispute filed under Appendix X, #4, as well as confirmation when resolution is reached. 1.9.4 Step 1 a) In the event that the Supervisor is the Manager of the function/location, the grievance may proceed to Step 2 with the agreement of the parties. b) If the reply of the Supervisor is not satisfactory to the committee person Employee concerned, then it may be taken up as a grievance within two seven (27) working days of the response of the Supervisor and referred to the Manager of the appropriate function/location or designate. The grievance shall be in writing and shall include the circumstances giving rise to the grievance, the remedy sought, and should include the provisions of the Agreement generally to be relied upon, and shall be dated and signed by the Employee and/or Union representative. The Manager of the appropriate function/location or designate, will hold a meeting with the grievor and up to four (4) Union representatives within ten (10) working days of receipt of the grievance. Should The Manager of the employee appropriate function/location or designate may request the union be dissatisfied with attendance at the supervisor’s decisionmeeting of any other person(s). The Manager of the appropriate function/location or designate shall give his/her response to the grievor in writing within ten (10) working days following the meeting. 1.9.5 Step 2 a) Failing satisfactory resolution of the grievance at Step 1, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet Employee Services within five seven (57) working days of the request for such meetingwritten response in Step 1. The Employee Services will arrange a meeting with management representatives and up to four (4) Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party representatives within ten (10) days after management's decision. Within five (5) working days of receipt of the giving grievance and name a chair. The Manager of written notice, both parties the appropriate function or designate may request the attendance at the meeting of any other person(s). The grievor may attend such meeting. A response will exchange lists of three (3) proposed arbitrators. In be given to the event that no name is common to both lists, either party may Union in writing within ten (10) working days after following the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestmeeting. 11.05 The following special procedure shall be applicable b) If Employee Services is unable to arrange a grievance alleging improper discharge meeting at Step 2 within the stipulated timelines, or suspension of an employee. The grievance may be lodged in writing through if there is no mutual agreement between the Chairperson of Employer and the Committee Union to extend the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the uniontimelines, the matter may then proceed on the giving will be automatically referred to Step 3. 1.9.6 Step 3 a) Failing satisfactory resolution of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedureat Step 2, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.within seven

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The Section 1. For the purpose of this Article Agreement, the term "grievance" is to establish defined as a dispute between the Center and ONA, or between the Center and a nurse concerning the interpretation and/or application of, or compliance with, any provision of this Agreement. Any grievance must allege a violation of a specific provision of this Agreement. When any such grievance arises, the following procedure for the settlement of all grievancesshall be observed. 11.02 Step 1. Any employee nurse having a grievance will reduce the grievance to writing and must present it to the Division Director or designee, within fourteen (14) calendar days of the alleged grievance. A meeting will be held to discuss the grievance within fourteen (14) calendar days from the date the grievance is presented. An ONA representative will be present at this Step 1 meeting. Any grievance pertaining specifically to improper payment or calculation of a nurse's rate of pay, or other economic benefits, or tenure (for purposes of seniority rights) must be filed within fourteen (14) calendar days after the nurse has knowledge or should have knowledge of the event upon which the grievance is based. The Division Director or designee shall first take render a grievance decision within fourteen (14) calendar days of the matter up with Step 1 meeting. Step 2. If the grievance is not settled at Step 1 then it may be presented to the Director of Labor Relations or his/her committee person who designated representative within fourteen (14) calendar days from the date of receipt of the Step 1 decision. A meeting will be held with ONA representatives, including ONA’s staff representative, to discuss said complaint with the supervisor concernedgrievance in an effort to resolve it and a written answer given to ONA. Step 3. Either party may request mediation within fourteen (14) days after the date of the Step 2 meeting. Step 4. If the complaint grievance is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance as provided in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the unionStep 3, it may be referred submitted to an arbitration upon request of either party. The party requesting arbitration must notify the other party in writing within fifteen (15) calendar days after the mediation or the rejection of Step 3. In the event the matter is submitted to arbitration, the arbitrator shall be appointed by mutual consent of the parties hereto, within seven (7) days after arbitration is invoked. If the parties cannot agree, they shall solicit a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. Should one party determine asubsequent panel is necessary, that party shall bear sole responsibility for obtaining the subsequent panel. Following receipt of the panel of arbitrators, the parties shall alternately strike a name from the panel until only one (1) name remains, and that person shall serve as Arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue a decision within thirty (30) days after the conclusion of testimony and arguments. Expenses for arbitration service and proceedings shall be borne equally by the Center and ONA, except in the case of a party requiring more than one panel of arbitrators as outlined above. The arbitrator shall have no power to add to or subtract from or modify any of the terms of this Agreement or any Agreement made supplementary hereto. Any difference arising incidental to negotiations of terms of a new Agreement or modification or amendment to this Agreement shall not be subject to arbitration. Either party may have a verbatim record made of the proceedings at its expense provided it makes a copy available without charge to the arbitrator, and provided written notice of the party's intention to refer the dispute to an arbitrator is given that it makes a copy available to the other party within ten upon that party's request and payment of one- half (101/2) days after management's decision. Within five (5) days of the giving total expenses of written noticethe record and all copies. Section 2. Grievances may be processed by the nurse filing the grievance during working hours. Grievance meetings with the Division Director or designee, both parties will exchange lists the Director of three (3) proposed arbitrators. In Labor Relations or his/her designated representative shall be held during the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy normal working hours of such requestadministrative personnel. 11.05 The following special procedure shall Section 3. A grievance which affects a substantial number of identified nurses may initially be applicable to a grievance alleging improper discharge or suspension presented at Step 2 of an employee. The grievance Section 1, and may be lodged in filed by ONA. These grievances will be reduced to writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedwith available substantiating facts. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 11.01 The purpose A. A grievance, subject to the following procedure, shall include any and all disciplinary action taken by the University, except for discipline of this Article is to establish a procedure for probationary Employees, and any and all questions and disputes involving contract interpretation. A grievance may be filed by the settlement ▇▇▇▇▇▇▇ on behalf of all grievancesEmployees similarly situated in which event processing of said grievance will begin with the second step provided herein. In the event the University does not respond to a grievance within the time limits set forth herein, the Union may appeal the grievance to the next appropriate step of the Grievance Procedure. A grievance not appealed to the next progressive step of the Grievance Procedure within the specified time limits after receipt of a disposition shall be considered settled pursuant to such last step answer or withdrawn without prejudice (W.W.P.). 11.02 Any employee Step 1. An Employee having a grievance shall first take the matter up with present it to his/her committee person who will discuss said complaint Supervisor within five (5) working days of its occurrence or within five (5) working days of the date it is reasonable to assume that he/she became aware of it. The Employee has the right to request that the ▇▇▇▇▇▇▇ be called without undue delay for the purpose of attempting to adjust the grievance and to be accompanied by the ▇▇▇▇▇▇▇. The Supervisor shall respond orally within five (5) working days following the discussion. If satisfactory settlement is not reached, The Employee or ▇▇▇▇▇▇▇ shall reduce the grievance to writing on forms supplied by the Employer and submit same to the Director of the Unit or a designated representative within five (5) working days of receipt of the Supervisor's answer, or in the case of a grievance filed by the ▇▇▇▇▇▇▇ on behalf of all Employees similarly situated, within five (5) working days of the date it is reasonable to assume that the Union became aware of it. Each party’s representative shall be responsible for making certain that all relevant contentions and evidence, that are available at the time and have been developed and considered, are presented at Step 2. The grievance shall be signed by the aggrieved Employee or Employees and shall set forth the subject of the grievance (what happened?), the date of the infraction, the aggrieved Employee (if applicable), the article of the contract that has allegedly been violated (and how), the adjustment sought, and the facts necessary to support the grievance. The Director or his/her designated representative shall call a meeting with the supervisor concerned. If the complaint is Grievance Committee, not satisfactorily resolved within twenty-four to exceed three (243) hoursin number, the committee person will then submit the grievance in writing, on a form to be supplied addition to the Company by President and Secretary, within five (5) working days of receipt of the supervisorgrievance. The supervisor Director, or his/her designated representative shall give his/her decision answer in writing to the committee person within two three (23) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such this meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision satisfactory settlement is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.reached,

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 9.01 Any claims by an Employee or the Union pertaining to a violation of this Article is to establish any labour relations legislation may be the subject of a procedure for grievance which shall be processed in accordance with the settlement of all grievancesGrievance Procedure. 11.02 Any employee having a grievance shall first take 9.02 On an annual basis the matter up with his/her committee person who Union will discuss said complaint with advise the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hoursEmployer, the committee person will then submit the grievance in writing, on a form of the names of all Shop Stewards and will advise the Employer of any changes to the Stewards as they occur. 9.03 The Union shall notify the Employer in writing of the name of each ▇▇▇▇▇▇▇, the department(s) they represent, and the Chief ▇▇▇▇▇▇▇, before the Employer will be required to recognize them. 9.04 The Stewards so elected shall constitute the Grievance Committee so long as they remain Employees or until their successors are chosen. 9.05 The Employer agrees that stewards shall not be hindered, coerced, restrained or interfered with in any way in the performance of their duties, while investigating disputes and presenting adjustments as provided in this Article. The Union understands and agrees that each ▇▇▇▇▇▇▇ will not leave their work during working hours except to perform their duties under this Agreement. Therefore, no ▇▇▇▇▇▇▇ shall leave their work without obtaining the permission of the General Manager or their designee, such permission to be supplied granted at a mutually acceptable time. 9.06 A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any Employee(s) or the Union. 9.07 An ▇▇▇▇▇▇▇ effort shall be made to settle any grievance fairly and promptly in the following manner: a) At all levels of the grievance procedure: i) a sincere attempt will be made by both parties to the Company by Collective Agreement through discussion to resolve problems in the supervisorworkplace; ii) a meeting may be arranged to discuss the problem and exchange information. b) An Employee or the Union will have the right at any time to have the assistance of a CUPE Representative. c) The Employer’s Human Resources Manager, or designee, shall be entitled to be present at all meetings referred to in this Article. STEP 1 An Employee who believes that there is a problem arising out of the interpretation, application or alleged violation of this Collective Agreement will first discuss the matter with the Employee’s Supervising Manager within five (5) days of when the Employee first became aware of, or reasonably should have become aware of, the occurrence. The supervisor shall give his/her decision in writing Employee will have the right to be accompanied by a Shop ▇▇▇▇▇▇▇ or Union Officer while discussing the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied matter with the supervisorEmployee’s decision, Supervising Manager. The Supervising Manager will advise the Union may refer the grievance to a meeting Employee of the plant committee and representatives of management, who shall meet their decision within five (5) days of the request for such meeting. The Union National Representative and/or President of date the local union may be in attendance at this meetingmatter was first discussed. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee STEP 2 Failing settlement within two five (25) working days after the holding dispute was submitted under Step 1, the employee(s) concerned, and/or Chief ▇▇▇▇▇▇▇, will submit to the General Manager or their designate, within five (5) working days, a written statement of the conferenceparticulars of the complaint and the redress sought. The General Manager shall render their decision within five (5) working days after receipt of such notice. 11.04 If management's decision is not satisfactory STEP 3 Failing settlement being reached in Step 2, the employee(s) and/or the Grievance Committee shall submit the matter, within five (5) working days to the employee or Students' Union Executive Committee, who shall render their decision within five (5) working days after receipt of such notice. Failing a settlement being reached in Step 3, within twenty (20) working days of receiving the unionStudents’ Union Executive Committee’s decision the Union may, it may be referred on giving five (5) working days notice in writing to an arbitratorthe Employer of its intention, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestarbitration. 11.05 9.08 Where a dispute involving a question of general application or interpretation occurs, or where a group of Employees or the Union has a grievance, Step 1 of this Article may be by-passed. 9.09 The following special procedure Union and its representatives, shall be applicable have the right to originate a grievance alleging improper discharge for an Employee or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or and to seek adjustment with the Employer in the manner provided in the Grievance Procedure. Such a Union policy grievance. All grievance forms and appeal forms shall commence at Step 2. 9.10 Replies to grievances shall be supplied in writing at all stages. 9.11 The Employer shall supply the necessary facilities for the grievance meetings. 9.12 Supplementary agreements, if any, shall form part of this Agreement and are subject to the grievance and arbitration procedure. 9.13 Should the Employer or the Union fail to comply with any time limit in the grievance procedure, the grievance will be considered conceded by the companyparty failing to meet the time limit, unless the parties have mutually agreed, in writing to extend the time limit. 9.14 No grievance shall be defeated by any formal or technical objection except as allowed for in Article 9.13, and the Arbitration Board shall have the power to allow all necessary amendments to the grievance and the power to waive formal procedural irregularities in the processing of a grievance, in order to determine the real matter in dispute and the giving of a decision according to equitable principles and the justice of the case.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose This shall be the exclusive formal procedure and remedy involving any alleged violation of this Agreement, except for matters subject to Article is to establish a procedure for 6.5. Except as otherwise provided in this Agreement, all grievances filed after the settlement effective date of all grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who this Agreement involving alleged violations occurring during its term will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied submitted according to the Company by the supervisor. The supervisor shall give his/her decision following procedures and time limits: Step 1 Human Resources Manager All grievances must be presented in writing to the committee person Human Resources Manager or designee within two fourteen (214) working calendar days of from the receipt of the grievance. Should date on which the employee or Union were aware or should have been aware that the union grievance existed. The grievance shall be dissatisfied submitted on a form furnished by the Union and shall clearly state the facts, the identity of the allegedly aggrieved employee(s), the specific provisions of the Agreement alleged to have been violated, and the requested remedy. The Human Resources Manager or designee will provide the Union with a written response no later than fourteen (14) calendar days after he or she receives the supervisor’s decisionwritten grievance. If the Employer does not provide a timely written response to the grievance, the grievance moves to Step 2. Step 2 Corporate Manager If the grievance is not resolved at Step 1, the Union may refer the grievance in writing to the Corporate Manager or designee by making a meeting of written request within fourteen (14) calendar days after receiving the plant committee and representatives of management, who shall meet within five (5) days of the request for such meetingEmployer's Step 1 response. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing anddiscussed by the Corporate Manager or designee and a shop ▇▇▇▇▇▇▇ or Union representative within fourteen (14) calendar days of its submission, if and the Corporate Manager or designee shall issue a written response within fourteen (14) calendar days following the meeting. If the Employer does not rendered during the conference, shall be rendered provide a timely written response to the Chairperson grievance, the grievance moves to Step 3. In lieu of the Corporate Manager, the Union may refer the following grievances to a Grievance Committee by making a written request within two fourteen (214) working calendar days after receiving the holding Employer's Step 1 response: Disciplinary action at or above the level of the conference. 11.04 If management's decision is not satisfactory to the employee a written warning, alleged violations of Sections 4.2, 4.3, 5.3 or the union5.4, it and evaluation or work correction plan issues arising under Section 12.4.7.C. Other grievances may be referred to an arbitrator, provided written notice a Grievance Committee by mutual agreement. Step 3 Arbitration If the grievance is not settled on the basis of the party's intention foregoing procedures, and if the grievant and the Union have complied with the specific time limitations and procedures specified herein, the Union may submit the issue to refer arbitration. To do so, the dispute to an arbitrator is given Union must submit a written request for a panel of seven (7) members of the National Academy of Arbitrators with their principal place of residence in Washington or Oregon to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written noticeFederal Mediation & Conciliation Service, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management Human Resources Manager, within two fourteen (214) working calendar days after following the receipt of the grievanceStep 2 response or the conclusion of the Grievance Committee process. If The parties shall equally share the cost of the FM&CS list. Employer and the Union may attempt to agree on a neutral arbitrator in lieu of using the FM&CS list, and with mutual agreement may submit multiple grievances to the same arbitrator. Within fourteen (14) calendar days of receiving the list, the moving party will contact the other party to select the arbitrator. The parties will alternately strike names from the list, with the moving party striking the first name, until one name remains and he/she shall serve as arbitrator. Either party may require that an official record of the proceedings be prepared by a professional reporter and that a copy be provided to the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and on all employees subject to this Agreement, but the arbitrator will confine the decision is not satisfactory to the employee interpretation and application of the specific provisions of this Agreement which have been placed in issue by the parties, and will have no authority to enlarge, diminish, alter, amend or in any way modify the terms of this Agreement. The arbitrator shall have no authority to award, directly or indirectly, any financial or monetary remedy of any kind or nature for the amount of time covered by any extension of time granted to the Union under Section 10.2 or by any delay in scheduling a Grievance Committee or arbitration hearing caused by the Union, including due to the unavailability of its advocate, representative(s) and/or counsel. Each party will bear its own costs and expenses in any such arbitration proceeding and the losing party will pay the full cost of the arbitrator's and any separate arbitration fees (for example, the arbitrator's out-of-pocket or per diem charges). The party requiring an official record of the proceedings will pay the full cost of all reporting and transcript fees unless the other party requests a copy or the unionright of inspection or use, in which event the matter may then proceed on full cost (including the giving cost of providing the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms with the official record) shall be supplied by equally divided between the companyparties.

Appears in 3 contracts

Sources: Union Contract, Labor Contract, Union Contract

GRIEVANCE PROCEDURE. 11.01 24.01 An employee who feels that he has been treated unjustly or considers himself aggrieved by any action or lack of action by the Employer is entitled to present a grievance in the manner prescribed as follows: (a) Level 1 – President-Union of Taxation Employees 24.02 An employee who wishes to present a grievance at a prescribed level in the grievance procedure shall transmit this grievance to the first step in the procedure. The purpose of this Article is to establish Employer will provide the employee with a procedure for receipt stating the settlement of all grievancesdate on which the grievance was received by him. 11.02 Any employee having 24.03 Where it is necessary to present a grievance by mail, the grievance shall first take be deemed to have been presented on the matter up with his/her committee person who will discuss said complaint day on which it is postmarked and it shall be deemed to have been received by the Employer on the date it is delivered to the appropriate office. Similarly, the Employer shall be deemed to have delivered a reply on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form. 24.04 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the supervisor concernedform supplied by the Employer. 24.05 An employee may be assisted and/or represented by the Union when presenting a grievance. 24.06 An employee may present a grievance to the First Level of the procedure not later than the twenty-fifth (25th) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to grievance. 24.07 The Employer shall normally reply to an employee's grievance, within thirty (30) days after the date the grievance was presented. If the complaint Where such a decision or settlement is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied satisfactory to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisionemployee, the Union he may refer the grievance to a meeting of the plant committee and representatives of managementarbitration, who shall meet within five fifteen (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (1015) days after the lists have decision or settlement has been exchanged request the Minister of Labour of Ontario conveyed to appoint an arbitrator and shall provide the other party with a copy of such requesthim in writing. 11.05 The following special procedure 24.08 If the Employer does not reply within thirty (30) days from the date that a grievance is presented, the employee may, within the next fifteen (15) days, refer the grievance to arbitration. 24.09 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be applicable to excluded. 24.10 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union representative. 24.11 An employee may abandon a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee by written notice to the management officer-in-charge. 24.12 An employee who fails to present a grievance to the next higher level within two (2) working days after the receipt of prescribed time limits shall be deemed to have abandoned the grievance. If the decision is not satisfactory , unless he was unable to the employee or the union, the matter may then proceed on the giving of comply with the prescribed notice of appeal time limits due to an impartial arbitrator selected as herein providedcircumstances beyond his control. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 11.01 The purpose It is the mutual desire of this Article is the parties that concerns of employees, the Union, and/or the Employer be addressed as quickly as possible. To that end, employees and supervisors are encouraged to establish a resolve issues at the floor level prior to moving to the grievance procedure for the settlement of all grievances.whenever practicable 11.02 Any employee having complaint alleging a grievance violation, misinterpretation or misapplication of the terms of this agreement or applicable government legislation shall first take be taken up verbally by the matter up with his/her committee person who will discuss said complaint employee and shift ▇▇▇▇▇▇▇ (if so requested) with the supervisor concernedemployee’s immediate supervisor. If It is agreed and understood that such complaints and grievances should be presented within (7) days from the complaint is not satisfactorily resolved within twenty-four (24) hours, time the committee person will then submit the grievance in writing, on a form to be supplied alleged breach becomes known or should have become known to the Company by the supervisoraggrieved employee or party. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet will verbally respond within five (5) days as to the Company’s position on the matter. Failing Settlement: Step 1 The ▇▇▇▇▇▇▇ shall inform the Committee Person of the request for such meetingresponse and the concern shall be reduced to writing by the Committee Person. This will be written on the form provided by the Company signed by the employee and shall then constitute a grievance. All grievances should identify, as far as possible, the article, clause or clauses of this agreement, or applicable legislation claimed to have been violated. The Union National Representative and/or President Shift Committee Person and if requested Shift ▇▇▇▇▇▇▇ may present the grievance of the local union may be in attendance at this meeting. 11.03 Management's decision relating employee to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee Operations Manager or designate within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the reply of the Supervisor or designate. At this stage the grievance shall be discussed between the on shift Committee Person, the ▇▇▇▇▇▇▇ if requested by either party and the Operations Manager or designate. The Operations Manager designate shall give a written response including an explanation of the decision rendered within seven (7) days of receipt of the grievance. If the decision is not satisfactory Failing Settlement: The grievance shall be referred to the employee Human Resources department within seven (7) days by the Chairperson. The grievance shall be discussed by the Director of Human Resources or designate, the unionSenior Director of Operations or designate, the Chairperson and the shift committee member(s). The Local President, National representative, the Shift ▇▇▇▇▇▇▇ or grievor if requested by either party to discuss the matter may then proceed on attend the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedmeeting. 11.06 11.03 The term working Employer or the Union may file a policy grievance(s) commencing at Step 2. 11.04 In the case of discharge, a grievance may be filed by an employee who feels he/she was unjustly dealt with. Such a grievance must be filed within seven (7) days when used in from the date of dismissal and shall commence at Step 2. In any subsequent disposal of this Agreement for case during the grievance procedure, shall exclude Saturdaysthe Employer may reinstate the employee, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to suspend the employee for a grievance lodged by a group of employeesdefinite period, or sustain the discharge, if mutually agreed to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the companyparties to this Agreement. If an agreement cannot be reached the matter may be referred through the provisions of Article 11.05 – 11.10.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The 19.1 This CWA is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of this Article is to establish a procedure for completing the settlement construction of all grievancesthe Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages. 11.02 19.2 The Contractors, Unions, and the employees, collectively and individually, realize the importance to all Parties to maintain continuous and uninterrupted performance of the work of the Project, and agree to resolve disputes in accordance with the grievance arbitration provisions set forth in this Article. 19.3 Any employee having question or dispute arising out of and during the term of this CWA (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following steps: (A) Step 1. When any employee subject to the provisions of this CWA feels they have been aggrieved by a violation of this CWA, through their local Union business representative or job ▇▇▇▇▇▇▇, shall, within ten (10) working days after receiving notice of the occurrence of the violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local Union or the job ▇▇▇▇▇▇▇ and the work- site representative of the involved Contractor shall first take meet and endeavor to adjust the matter up with his/her committee person who will discuss said complaint with within three (3) working days after timely notice has been given. The representative of the supervisor concerned. If Contractor shall keep the complaint is meeting minutes and shall respond to the Union representative in writing at the conclusion of the meeting but not satisfactorily resolved within later than twenty-four (24) hourshours thereafter. If they fail to resolve the matter within the prescribed period, the committee person will then submit grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance in is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the CWA alleged to have been violated. Should the Local Union(s) or any Contractor(s) have a form dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to be supplied writing and proceed to Step 2 in the Company by same manner as outlined herein for the supervisoradjustment of an employee complaint. (B) Step 2. The supervisor International Union Representative or designee and the involved Contractor(s) shall give his/her decision in writing to the committee person meet within two seven (27) working days of the receipt referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the grievanceContractor. Should If the employee or parties fail to reach an agreement, the union dispute may be dissatisfied appealed in writing in accordance with the supervisor’s decision, the Union may refer the grievance to a meeting provisions of the plant committee and representatives of management, who shall meet Step 3 within five seven (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (27) working days after the holding of the conferencethereafter. 11.04 (C) Step 3. If management's decision is the grievance has been submitted but not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both listsadjusted under Step 2, either party Party may request in writing, within ten seven (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (27) working days after thereafter that the receipt grievance be submitted to the mutually agreed upon Arbitrator. The decision of the grievanceArbitrator shall be final and binding on all Parties. If The fee and expenses of such Arbitration shall be borne equally be the decision is not satisfactory Contractor(s) and the involved Local Union(s). Failure of the grieving party to adhere to the employee or time limits established herein shall render the union, the matter grievance null and void. The time limits established herein may then proceed on the giving be extended only by written consent of the prescribed notice parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented, and shall not have authority to change, amend, add to or detract from any of appeal to an impartial arbitrator selected as herein providedthe provisions of this CWA. 11.06 19.4 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays Owner and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms Contractor shall be supplied by the companynotified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps.

Appears in 3 contracts

Sources: Community Workforce Agreement, Community Workforce Agreement, Community Workforce Agreement

GRIEVANCE PROCEDURE. 11.01 5.01 When an employee has a grievance against the company it shall be processed in accordance with the grievance procedure hereinafter provided. The purpose company may, however, at its discretion decline to consider any grievance which is lodged more than five (5) working days after the cause of this Article is the grievance should have become known to establish a procedure for the settlement of all grievancesemployee. 11.02 Any (a) Grievances at all steps in the grievance procedure shall be presented in writing, signed by the employee, and replies thereto shall also be made in writing. (b) An employee having must have the consent of a grievance shall first take the matter up with ▇▇▇▇▇▇▇ or an alternate prior to his/her committee person who will discuss said complaint with signing a grievance. After a grievance is signed, it becomes the supervisor concerned. If property of the complaint union, and it is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit responsibility of the union to settle or appeal the grievance to the next step. (c) The decision of the company at each step of the grievance procedure shall be delivered to the appropriate representative of the union. 5.03 No grievance shall be considered which usurps the function of management, provided that the question of whether or not the subject matter of the grievance comes within this provision may itself be carried through the grievance procedure as part of the grievance and determined accordingly. (a) Any employee claiming to have a grievance of any kind may present it in writing, writing to the manager of plant protection on a form forms to be supplied to the Company by the supervisor. company on request of the employee or his/her ▇▇▇▇▇▇▇. (b) The supervisor manager of plant protection shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating reply to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two three (23) working days after its presentation to him/her. (a) If the holding reply of the conference. 11.04 If management's decision manager of plant protection is not satisfactory to the employee or the unionconcerned, it an appeal therefrom may be referred to an arbitratorlodged in writing and signed by the employee, provided written notice with the human resources manager, within three (3) working days of the party's intention to refer delivery of the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Thereafter the union may request the company to meet with its bargaining committee in an effort to settle the grievance. (b) Within five (5) working days after such request has been received, a meeting shall be arranged between the bargaining committee and the human resources manager. (c) The company's reply to the grievance at this step shall be given within seven (7) working days after such meeting. (a) If the company's reply is not satisfactory to the employee concerned, written notice of appeal signed by the employee may be served on the human resources manager within seven (7) working days from the date of delivery of the giving company's reply, appealing the grievance to an umpire. (b) As promptly as possible after the employee's grievance has been appealed to an umpire, the parties shall arrange to select an umpire. If the parties are unable to select an umpire, then the matter shall be referred to the Minister of written noticeLabour for Ontario, both parties will exchange lists for the appointment of three an umpire. 5.07 In case of a general grievance alleging that the company has violated or misinterpreted this agreement, the chairperson, in the first instance, shall present the same to the human resources manager in the same way and with the same further procedure as is outlined in sections 5.05 and 5.06. (a) For the purposes of this article, a "working day" shall mean any day except Saturday, Sunday and the holidays specified in article 11. (b) Any of the time limits provided in this article may be extended by mutual agreement in writing. (c) Any grievance to which a reply is not made by the company within the time limits prescribed herein or such extension as may have been agreed to may be referred to the next step in the grievance procedure, the time limit to run from the date the time for reply expired. Any grievance not carried to the next step within the time limits prescribed herein, or such extension as may have been agreed to, shall be automatically closed upon the basis of the last reply. (a) It shall be the function of the umpire to whom a grievance is appealed pursuant to section 5.06, and he/she shall be empowered, to decide the matter in accordance with and on the basis of this agreement, and the following rules shall be applicable to the umpire: (1) he/she shall have no power to add to, or subtract from, or modify or amend any of the terms of this agreement. (2) he/she shall have no power to establish wage scales or change any wage. (3) proposed arbitratorshe/she shall have no power to substitute his/her discretion for the company's discretion in cases where the company is given discretion by this agreement, or by any supplementary agreement, except that where he/she finds a disciplinary suspension or discharge is unjust or unreasonable, he/she may make appropriate modification of the penalty. (4) he/she shall have no power to decide any question which, under this agreement, is within the responsibility of management to decide. In rendering decisions, an umpire shall have due regard to the responsibility of management and shall so construe the agreement that there will be no interference with such responsibilities except as they may be specifically conditioned by this agreement. (a) In the event that a case is appealed to an umpire on which he/she has no name is common power to both listsrule, either party may within ten (10) days after it shall be referred back to the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestparties without decision or recommendations on its merits. 11.05 (b) There shall be no appeal from an umpire's decision. It shall be final and binding on the union, its members, the employees involved and the company. (c) The fees and expenses of the umpire shall be shared equally by the company and the union or, if a grievance has been appealed to the umpire by an employee who is not a member of the union without the consent of the union, such expense shall be borne in equal shares by the company and the employee concerned. The shares shall be paid directly to the umpire by each party. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. 5.10 The grievance procedure hereinbefore prescribed shall apply to a grievance lodged by a group of employees, save that an appeal on a group grievance shall not be rejected on the ground of lack of signature by the employees alleging the grievance, provided one such employee signs each notice of appeal. 5.11 In the absence or inability to act of the company representatives referred to throughout the grievance procedure, the company may act through nominees of the respective representatives. 5.12 The following special procedure shall be applicable to a grievance alleging improper discharge of an employee or suspension of an employee. employee and may be used by an employee alleging improper layoff or discrimination as defined in section 21.01 of this agreement: (a) The grievance may be lodged in writing through by the Chairperson discharged or suspended employee with the human resources manager within three (3) regular working days of the Committee to discharge or suspension. In the management case of an allegation of improper layoff or discrimination, the grievance may be lodged in writing by the affected employee within two five (25) regular working days after the receipt cause of the grievance. grievance should have become known to the employee. (b) Thereupon the grievance shall be handled as an appeal to the human resources manager at step 2 of the general grievance procedure. (c) If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal as an appeal to an impartial arbitrator selected as herein providedumpire at step 3 of the general grievance procedure. 11.06 The term working days when used 5.13 Notwithstanding anything contained elsewhere in this Agreement agreement, no grievance shall be lodged or prosecuted against the discharge by the company of a probationary employee unless the employee alleges that his or her discharge is not for grievance procedurecause or unless the employee alleges that he/she has been discriminated against in such discharge by reason of union activity, and the umpire shall exclude Saturdays, Sundays, holidays and vacations as defined hereinnot reverse his/her discharge on any other ground. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged 5.14 On request by a group discharged employee to his/her supervisor, the employee will be given an opportunity to discuss his/her discharge with his/her ▇▇▇▇▇▇▇ or with the chairperson before leaving the company premises. 5.15 When an employee is called to an interview by a member of employeesthe staff of the human resources office, or to a Union policy grievance. All grievance forms and appeal forms person who holds a supervisory position in plant protection, for the purpose of investigating alleged misconduct which may result in discipline, suspension or discharge of such employee, he/she shall be supplied by notified that, if he/she desires, he/she may require the companypresence of his/her ▇▇▇▇▇▇▇ or chairperson if available, at such interview. The ▇▇▇▇▇▇▇ or chairperson when called to such an interview at the request of the employee concerned shall not have the time spent on these duties charged against the time that is used for handling grievances.

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 11.01 A. A grievance shall be defined as an alleged violation of the expressed terms and conditions of this Agreement. The following matters shall not be the basis for any resolution by an arbitrator of any grievance filed under the procedure outlined in this Article: 1. The termination of services of or failure to re-employ any probationary or tenured bargaining unit member; the assignment or placement of; layoff or recall; 2. The termination of services or failure to re-employ any bargaining unit member to a position on the extra-curricular salary, Appendix B; 3. Any matter of the written evaluation; 4. Any matter for appeal within the jurisdiction of the Teacher Tenure Act, Michigan Compiled Laws 38.71 et seq. 5. Any prohibited subjects of bargaining. B. A "Party of Interest" is the Association, person, or persons making claim and any person or persons who might be required to take action, or against whom the action might be taken in order to resolve a problem. C. The term "day", when used in this section, shall, except where otherwise indicated, mean working school days as indicated by the school calendar. D. Written grievances shall contain the following: 1. The section or subsection of the contract alleged to have been violated; 2. The date of the alleged violation; 3. A description of the alleged violation (specific facts giving rise to the alleged violation); 4. The relief requested; 5. The signature(s) of the grievant, grievants, or Association Representative; and 6. The date the grievance is filed. E. The primary purpose of the procedure set forth in this Article section is to establish a procedure for secure, at the settlement lowest possible level, equitable solutions to the problems of all grievances. 11.02 Any employee the parties. Both parties agree that these proceedings shall be kept as confidential as may be appropriate at any level of such procedure. Nothing herein shall be construed as limiting the right of any bargaining unit member having a grievance shall first take to discuss the matter up informally with his/her committee person who any appropriate member of the administration. In the event a grievance is filed on or after the first of June, every effort will be made to resolve the grievance prior to the beginning of the next school year. Level One: A bargaining unit member with an alleged grievance shall discuss said complaint the alleged grievance with the supervisor concernedprincipal no later than fifteen (15) days following the alleged grievance in an attempt to informally resolve the issue. If Should this discussion not resolve the complaint issue, a written grievance may be presented to the Association Vice-President. He may then recommend that it be presented to the principal within fifteen (15) days of the time of the informal discussion. The principal shall make a decision within fifteen (15) days. Failure to act will move the alleged grievance to Level Two. Level Two: In the event the grievance is not satisfactorily resolved within twenty-four (24) hoursat Level One, the committee person will then submit grievant or the Association Representative may file the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet Superintendent within five (5) days after the decision or lack of decision at Level One. The Superintendent will take action within five (5) days. Level Three: If the decision of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision Superintendent is not satisfactory to the employee or Association, the union, it grievance may be referred submitted to arbitration before an arbitrator, provided written notice impartial arbitrator selected by the two parties. Notice of appeal to arbitration shall be submitted by the party's intention to refer the dispute to an arbitrator is given to the other party Association within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievanceSuperintendent's disposition. If the decision is two parties cannot satisfactory agree as to the employee or arbitrator, he shall be selected by the union, American Arbitration Association in accordance with its rules. Both parties agree to be bound by the matter may then proceed on the giving award of the prescribed notice arbitrator. The fees and expenses of appeal to an impartial the arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied paid by the companylosing party. The arbitrator shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. 11.01 12.01 The purpose Employer and the Union recognize the desirability of prompt settlement of complaints and disputes which may arise out of administration of this Article is Agreement. The parties also recognize that many complaints can be effectively settled through informal discussion and mutual understanding. For these reasons, both parties agree that when an employee has a complaint, the employee will be encouraged to establish a procedure for the settlement of all grievances. 11.02 Any employee having a grievance shall first take discuss the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hoursSupervisor, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory without prejudice to the employee or Employer, as soon as possible after the union, it circumstances giving rise to the complaint occurs so that a dispute requiring reference to the grievance procedure may be referred to avoided wherever possible. 12.02 Where an arbitratoremployee feels aggrieved by the interpretation or application in respect of a provision of a statute, provided written notice or a regulation, by-law, direction, or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation of any of the party's intention to refer provisions of this Agreement by the dispute to Employer, or, as a result of any occurrence or matter affecting terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an arbitrator is given Act of the Legislative Assembly of New Brunswick, and, where the employee has written consent of the Union respecting any grievance relating to the other party within ten interpretation or application of this Agreement, the following procedure shall apply: STEP ONE: Within twenty (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (1020) days after the lists have been exchanged request alleged grievance has arisen or the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt employee became aware of the grievance, the employee may present a grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the immediate supervisor or the person designated by the Employer as the first level in the grievance procedure. If the decision is employee receives no reply or does not receive satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.settlement within ten

Appears in 3 contracts

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

GRIEVANCE PROCEDURE. 11.01 The purpose A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any Employee relating to the interpretation, application or administration of this Article Agreement, including any questions as to whether the matter is to establish a procedure for the settlement of all grievances. 11.02 Any employee arbitrable and an allegation that this Agreement has been violated. An Employee having a grievance or complaint shall first take refer it to his immediate supervisor within ten (10) calendar days of the matter up with his/her committee person who Employer’s response to the informal concern. The supervisor shall reply to the Employee, giving the answer to the complaint or question within ten (10) calendar days from date of submission. In the supervisor’s absence, the complaint or question is to be referred to Human Resources and the same procedure will discuss said be followed. The complaint with the supervisor concernedor grievance is to be in writing and provided in hard copy. If further action is then to be taken, then within ten (10) calendar days after the complaint decision is not satisfactorily resolved within twenty-four (24) hoursgiven in Step Number 1, the committee person will then Employee, who may request the assistance of his or her ▇▇▇▇▇▇▇, shall submit the grievance in writing, on a form to be supplied in hard copy form, to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days Executive Director or designate of the receipt Long Term Care Home, or his designate. A meeting will then be held between the Executive Director or his designated representative and the Employee. It is understood that at such a meeting the Executive Director or his designated representative may have such counsel and assistance as he may desire, and that the Employee may have his ▇▇▇▇▇▇▇ and that the SEIU Union Representative or an International Representative of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer also be present at the grievance to a meeting request of either the Employee or the Employer. The decision of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance Executive Director or his designated representative shall be given in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party in hard copy form within ten (10) calendar days after management's decisionfollowing the meeting. Within five (5) days Should the Executive Director or designate fail to render his decision as required in Step Number 2, or failing settlement of any grievance under the giving foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name request for arbitration is common to both lists, either party may received within ten (10) calendar days after the lists have been exchanged request decision under Step Number 2 is given, or within twenty (20) calendar days following the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson meeting under Step Number 2 of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The the grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by deemed to have been abandoned and the companysame grievance shall not be the subject matter of a further grievance.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 ‌ 15:01 Prior to a written grievance being filed and/or initiated, the parties shall meet to review the facts and circumstances giving rise to the complaint(s) and shall attempt to resolve the matter(s) through discussion and the pursuit of reasonable alternatives. The purpose aggrieved employee shall have the right and/or option to have a Union Representative present at such discussion(s). 15:02 Where the employee, the manager, the ▇▇▇▇▇▇▇ and/or union representative if in attendance cannot resolve the employee’s complaint through the process outlined in 15:01 above, the parties to the agreement recognized the desirability for a prompt resolution of the grievance through an orderly process as outlined below in this Article, without stoppage of work or refusal to perform work. 15:03 A grievance is defined as a complaint in writing concerning: (a) The application, interpretation or alleged violation of an Article of this Article is Agreement, or a signed Letter of Understanding, or a signed Memorandum of Agreement between the parties. (b) The dismissal, suspension, demotion or written or verbal reprimand of an employee. 15:04 Notwithstanding 15:03, an employee may grieve on any unsatisfactory working condition up to establish a procedure the Grievance Hearing Stage of the Procedure. The decision at this Step shall be final for the settlement of all such grievances. 11.02 Any (a) If an employee having or the Union fail to initiate or process a grievance shall first take within the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hoursprescribe time limits without a reasonable explanation, the committee person grievance will then submit the grievance in writing, on a form be deemed to be supplied abandoned. (b) If Management fails to reply to a grievance within the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should prescribed time limits, the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer shall process the grievance to a meeting the next step. (c) Either party may request an extension of the plant committee and representatives of management, who shall meet within five (5) days time limits in writing where possible to the affected parties provided such extension is requested prior to the expiry of the request for such meetingtime allowed. The Union National Representative and/or President of the local union may An extension, if requested, shall not be in attendance at this meetingunreasonably withheld. 11.03 Management's decision relating to 15:06 Wherever possible, the grievance shall be in writing and, if not rendered during presented on the conference, Union Grievance Form. A written description of the nature of the grievance and the redress requested shall be rendered sufficiently clear and if the grievance relates to the Chairperson an Article of the Committee within two (2) working days after Agreement, such Article shall be so stated in the holding grievance. The grievance shall be signed by the employee and may be clarified at any step providing the substance is not changed. Except for failure to meet the time limits, a grievance shall not be deemed to be invalid if it is not written on the Union Grievance Form or for failure to quote the Article in dispute. 15:07 Grievances concerning demotion, suspension, or dismissal shall be initiated at the Grievance Hearing Stage of the conferenceProcedure within twenty- eight (28) calendar days of the date that the employee became aware of the action. 11.04 If management's decision is not satisfactory to 15:08 Once a grievance has been filed it then becomes the employee or property of the union. 15:09 When a grievance cannot be presented in person, it may be referred to transmitted by registered mail, courier, and/or email. As per 15:01, an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties employee will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party deal with a copy of such request. 11.05 The complaint in the following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.manner:

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose ‌ 601 Complaints and Grievances‌ An employee shall have the right to grieve any complaint arising from the application, interpretation, administration or alleged violation of this Agreement. It is understood that nothing contained in this Article is intended to establish a procedure for preclude the settlement informal discussion and review of all grievances. 11.02 Any employee having concerns or complaints between employees and members of management. No employee shall have a grievance shall first take until the matter up with his/her committee person who will discuss said complaint employee, with the assistance of a Union representative if so desired, has given their immediate supervisor concernedan opportunity to resolve the complaint. If 602 STEP 1‌ It is the complaint mutual desire of the parties hereto that grievances of employees be adjusted as quickly as possible and it is not satisfactorily resolved understood that if an employee has a grievance it shall be discussed with their supervisor within twenty-four thirty (2430) hoursdays of when the circumstances giving rise to the grievance were known or should reasonably have been known to the griever in order to give the supervisor an opportunity of adjusting the grievance. The discussion shall be between the employee and/or union ▇▇▇▇▇▇▇, the committee person will then submit supervisor and a representative of the Human Resources Department. The supervisor's response to the grievance shall be given within seven (7) days after such discussion. 603 STEP 2‌ Failing settlement, the grievance may be taken up in writing, on a form to be supplied the following manner and sequence provided it is presented within fifteen (15) days of the supervisor's reply to the Company by grievance: the supervisorUnion shall present a written grievance to the Editor-in-Chief or designate, setting forth the nature of the grievance, and the remedy sought. The supervisor Editor-in-Chief or designate shall give his/her decision in writing to arrange a meeting with the committee person Union and a representative of the Human Resources Department within two seven (27) working days of the receipt of the grievance at which the griever, in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. Should The Editor-in-Chief or designate may have such assistance at the employee meeting as is considered necessary. The Editor-in-Chief or designate will give the union be dissatisfied Union a decision in writing within seven (7) days following the meeting with a copy to the supervisor’s decisiongriever. 604 In the event the grievance has not been satisfactorily settled under the foregoing Grievance Procedure, the Union may refer matter shall then, by notice in writing be given to the grievance to a meeting of the plant committee and representatives of management, who shall meet Employer within five thirty (530) days of the date of the decision from the Editor-in-Chief or designate, be referred to arbitration as hereinafter provided. 605 Binding arbitration of disputes‌ Any matter so referred to arbitration, including any question as to whether a matter is arbitrable, shall be heard by an independent arbitrator. The notice of the party referring the decision to arbitration shall contain the names of three neutral persons, any of whom it is prepared to accept as Arbitrator. The recipient of the notice shall within fourteen (14) days advise the other party of either its acceptance of one of the proposed persons as the arbitrator or shall suggest the names of other neutral persons it proposes to act as Arbitrator. If the recipient of the notice fails to respond, or if the two parties fail to agree upon a neutral person to act as Arbitrator within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitrator shall hear and determine the matter and shall issue a decision. The decision shall be final and binding upon the parties and upon any employee affected by it. Either party may, in the correspondence contemplated in Article 605 notify the other party of its suggestion to proceed before a Board of Arbitration. Provided both parties agree, an Arbitrator selected to proceed in accordance with Article 605 shall be appointed as chair of the Arbitration Board. Each party shall be responsible for naming its own nominee to the Arbitration Board and will advise the other party and the Chair of the name of its nominee. Where the parties have agreed to a Board of Arbitration, references in this article to Arbitrator will be read to mean Arbitration Board, where appropriate. 606 The Arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Agreement, or to make any decision inconsistent therewith. No individual shall be selected as an arbitrator who has at any time been involved in attempting to resolve the grievance, or in the negotiation of this collective agreement, unless the parties mutually agree otherwise. 607 The Employer and the Union shall each pay one-half (1/2) of the remuneration and expenses of the Chair and shall each pay the remuneration and expenses of its nominee. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. 608 The time limits imposed upon either party of any step in the Grievance Procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such meetingtime limit shall not be denied on an arbitrary basis. 609 Where the Arbitration Board or Arbitrator determines that a disciplinary penalty or discharge is excessive, it may substitute such other penalty for the discipline or discharge as it considers just and reasonable in all the circumstances. 610 Employer Grievance‌ The Union National Representative and/or Employer shall have the right to file a grievance in writing signed by the Vice-President of Human Resources or designate, with the local union may be in attendance at this meeting. 11.03 Management's decision relating Union within thirty (30) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the Employer. Failing settlement, a meeting will be held with the Union within seven (7) days of the presentation of the grievance and the Union shall give the Employer its written reply to the grievance in seven (7) days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within thirty (30) days of the date the Employer received the Union's reply. 611 Policy Grievance‌ The Union shall have the right to file a grievance in writing and, if not rendered during with the conference, shall be rendered Editor-in-Chief within thirty (30) days of when the circumstances giving rise to the Chairperson grievance were known or should reasonably have been known to the Union. Failing settlement, a meeting will be held with the Union within seven (7) days of the Committee presentation of the grievance and the Employer shall give the Union its written reply to the grievance in seven (7) days following the meeting. Failing settlement, such grievance may be referred to arbitration under this Article within thirty (30) days of the date the Union received the Employer's reply. 612 Dismissal Grievance‌ Grievances involving the discharge or discipline of an employee may be submitted at Step 2 of the grievance procedure. 613 Group Grievance‌ If two (2) working days after or more employees have the holding same individual grievance arising out of the conference. 11.04 If management's decision is not satisfactory to same circumstances and based on the employee or the unionsame incident, it such grievances may be referred to an arbitratorcombined and treated as a Group grievance. 614 Definitions‌ For the purpose of this Agreement, provided written notice "day" means a calendar day and "grievance" means a complaint arising from the interpretation, application, administration or alleged violation of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestAgreement. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 A Grievance under this Agreement shall be defined as any difference or dispute between the Employer and any Employee relating to the interpretation, application or administration of this Article Agreement, including any questions as to whether the matter is to establish a procedure for arbitrable, and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up the settlement of all grievances. 11.02 Any employee following manner: An Employee having a grievance question or complaint shall first take refer it to his immediate supervisor within eight (8) working days of the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied actual occurrence leading to the Company by the supervisorquestion or complaint. The supervisor shall give his/her decision in writing reply to the committee person Employee giving the answer to the complaint or question within two four (24) working days from date of the receipt of the grievancesubmission. Should the employee or the union If further action is then to be dissatisfied with the supervisor’s decisiontaken, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet then within five (5) working days after the decision is given in Step No. 1, the Employee, who may request the assistance of his or her ▇▇▇▇▇▇▇, shall submit the grievance in writing to the General Manager. A meeting will then be held between the General Manager or his designated representative and the Employee. It is understood that, at such a meeting the General Manager or his designated representative may have such counsel and assistance as he may desire, and that the Employee may have his ▇▇▇▇▇▇▇, and that the SEIU Union Representative or an International Representative of the Union may also be present at the request of either the Employee or the Employer. The decision of the General Manager or his designated representative shall be given in writing within five (5) working days following the meeting. Should the General Manager fail to render his decision as required in Step No. 2, or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee Arbitration is received within two five (25) working days after the holding of the conference. 11.04 If management's decision under Step No. 2 is not satisfactory to the employee given, or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) working days after management's decisionfollowing the meeting under Step No. Within five (5) days 2 of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, the grievance shall exclude be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. 8.02 Any of the time allowances above may be extended by mutual agreement of the parties. 8.03 In determining the time within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays, holidays Sundays and vacations as defined hereinpaid holidays. 11.07 The grievance procedure outlined 8.04 An Employee subject to disciplinary action which is to be recorded in this Agreement the Employee’s personnel file shall apply equally have the right, to a grievance lodged by a group the presence of employees, or to the Union ▇▇▇▇▇▇▇. In extraordinary circumstances when a Union policy grievance. All grievance forms and appeal forms ▇▇▇▇▇▇▇ is entirely unavailable, the Employee shall be supplied by have the companyright to the presence of a Union Committee member or a member representative of the Employee’s choice who is working on the current shift; however, an Employee may elect to forgo this representation if she so chooses.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 46-1 The purpose following grievance procedure is in no way designed as a vehicle for any employee to refuse orders or to fail to carry out assigned jobs, but rather to define said employees right to redress said orders or job assignments. 46-2 In the event more than one (1) employee is grieved, they shall have the right of appeal as a group as set forth in the following grievance procedure: 46-3 A grievance may be initiated at any step of this Article is grievance procedure if the Chief and the Local mutually agree, in writing, to establish a procedure for the settlement of all grievanceswaive prior steps. 11.02 Any 46-4 The time limits prescribed in the following steps may be extended at any time by mutual consent of the parties. Mutual consent shall be indicated in writing and signed by both parties. It is understood and intended that these time limits will be adhered to by both parties unless so extended in writing, and each party recognizes that its failure to meet such time limits may justify an arbitrator in treating such time limits as only directive in a subsequent proceeding where the other party has failed to meet a time limit. However, any employee having who is grieved by a difference that has arisen concerning the meaning and application of any provision of this agreement may file his or her own grievance, and the parties hereto shall make an ▇▇▇▇▇▇▇ effort to resolve the same by the following procedures. Union representation shall be present at all steps in this procedure. Only the Union, not an individual employee, may file for arbitration. Step 1 The employee or Union shall present the grievance shall first take in writing or electronically via e-mail to the matter up with his/her committee person who will discuss said complaint with fire chief within ten (10) business days of the supervisor concernedoccurrence, or the date the Union became aware of the occurrence, whichever is later. If the complaint grievance is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet fire chief within five (5) business days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing andhis/her receipt thereof, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or Union may submit the union, it may be referred grievance to an arbitrator, provided written notice Step 2. Step 2 If the employee or Union is not satisfied with the disposition of the party's intention to refer grievance at Step 1, they may present the dispute to an arbitrator is given grievance in writing or electronically via e-mail to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievanceTown Manager. If the decision grievance is not satisfactory to resolved by the employee or the unionTown Manager within twenty (20) business days after his/her receipt thereof, the matter Union may then proceed on submit the giving of the prescribed notice of appeal grievance to an impartial arbitrator selected arbitration, as herein providedprovided below. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Personnel Policies and Contractual Agreement, Personnel Policies and Contractual Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose of this Article is to establish a procedure for the Failing settlement of all grievances. 11.02 Any employee having the complaint it may be taken up as a grievance in the following manner, it being understood that an employee has no grievance until she has first given her manager the opportunity of adjusting her complaint in accordance with Article 9.03 above. The Association President shall first take have an option to seek legal advice or opinion before proceeding to the matter up with his/her committee person who will discuss said complaint with next step of the supervisor concernedGrievance Procedure. If the complaint is not satisfactorily resolved within twenty-four (24) hoursAssociation gives notice to HOOPP of its intention to seek advice, the committee person will time limits in this Article and in Article 10 shall automatically be suspended. HOOPP may thereafter give notice to the Association, in writing, that it wishes to reactivate the time limits in this Article or Article 10 as the case may be. The Association shall then have seven (7) business days (or such longer period as may be agreed between the parties) from receipt of that notice to notify HOOPP whether or not it (and/or any affected employee) is proceeding with the grievance to the next step. Step #1: Within seven (7) business days of the decision received in Article 9.03, the employee shall submit the grievance in writingwriting to her immediate manager and next level of management. It is understood that the employee may receive the assistance of her Association ▇▇▇▇▇▇▇ in submitting and discussing the grievance. It is further understood that the grievance shall specify the nature of the grievance and, on a form to be supplied to where possible, the Company by article or articles of the supervisorAgreement allegedly violated and the remedy sought. The supervisor next level of supervision shall give his/provide her decision in writing to the committee person within two seven (27) working business days of the receipt of the grievance. Should Failing settlement then; Step #2: Within seven (7) business days following the employee or the union be dissatisfied with the supervisor’s decisiondecision under Step #1, the Union Association may refer submit the grievance to a the Director of Human Resources. A meeting will be held within seven (7) business days of receipt of the plant committee written record and representatives shall include the grievor, her HOOPP ▇▇▇▇▇▇▇, management representative(s) and a chairperson from Human Resources who has not otherwise been involved in any previous attempts to negotiate or settle the grievance. A member of management, who the Association Executive and a representative of management shall meet be entitled to attend this meeting at the request of either party and a decision shall be provided by the chairperson within five seven (57) business days of the request for such this meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to If the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, otherwise resolved it may be referred submitted to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected arbitration as herein hereinafter provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose of this Article is to establish 1 c. If neither party requests a procedure for the settlement of all grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hourshearing, the committee person department Director, or his designee, 2 will then submit the grievance in writing, on render a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person employee with a copy provided to the 3 Union Representative and the Local Union within two fourteen (14) days of 4 receipt of the appeal. 5 4. Step 3 6 a. If a satisfactory decision is not reached at Step 2, the grievance may be 7 appealed in writing by the Union to the System Board of Adjustment within 8 thirty (30) working days of the receipt of the grievance. Should the employee Step 2 decision. 9 b. The Union (Association Director or the union be dissatisfied with the supervisor’s decisionVice Director, the Union or their designees) may refer file 10 a grievance directly to Step 3 of the grievance to a meeting process for non-disciplinary 11 contract interpretation. 12 B. Issuance of Discipline 13 No employee who has successfully completed his probationary period will be disciplined 14 or discharged without being advised in writing of the plant committee and representatives of management, who shall meet within five (5) days basis of the request for charge(s) against him 15 leading to such meetingaction. The Union National Representative and/or President Such notice, or notice of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conferenceany other disciplinary action, shall be rendered 16 presented to the Chairperson employee, Union Representative, and the Local Union not later than 17 thirty (30) days from the time the employee’s operating department learns of the Committee within two (2incident 18 upon which such charge(s) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the unionbased, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy to the local Union Representative. This 19 notice requirement does not apply to the discharge of such requesta probationary employee who has 20 failed to satisfactorily complete their probationary period. 11.05 The following special procedure shall be applicable 21 C. Union Representation at Investigatory Interviews 22 1. An employee will have the right to have a grievance alleging improper discharge or suspension representative of an the Union or, at the 23 employee’s option, another Passenger Service employee present when the employee 24 is required to attend a meeting which may result in discipline of the employee. The grievance may If 25 more than one ▇▇▇▇▇▇▇ is on duty, the employee will be lodged in writing through permitted to select the Chairperson 26 ▇▇▇▇▇▇▇ of the Committee to the management within two (2) working days after the receipt of the grievancetheir choice. If the decision is not satisfactory to ▇▇▇▇▇▇▇ on duty chosen by the employee or is 27 unavailable based on the unionneeds of the service, the matter Company will delay the meeting, 28 provided that it shall not be delayed beyond the end of the employee’s shift. 29 2. The employee will have the opportunity to obtain a ▇▇▇▇▇▇▇’▇ or Union 30 Representative’s telephonic participation in the meeting if neither is available on site. 31 3. Notwithstanding Paragraph C.2 above, if an HBR employee is required to attend an 32 investigatory interview in person, he may then proceed have a ▇▇▇▇▇▇▇ or Union Representative 33 attend the meeting in person as well, if the ▇▇▇▇▇▇▇ or Union Representative is 34 available at that time based on the giving needs of the prescribed notice of appeal to an impartial arbitrator selected as herein providedoperation. 11.06 The term working days when used 35 4. Employees will not be required to travel to, attend or participate in this Agreement for grievance procedureinvestigatory 36 interviews or meetings, shall exclude Saturdaysin person or by phone, Sundayswhile off duty, holidays and vacations except as defined hereinnecessary 37 based on extenuating circumstances. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The 41.01 For the purpose of this Article Agreement a grievance is defined as a claim by an Employee, the Union, or the Employer that there is a complaint or disagreement relating to establish the meaning, application, interpretation or alleged violation of this Agreement. A Union grievance shall concern matters of general application or those involving the interpretation/administration of the collective agreement. Although a Union grievance may affect a specific individual, it is not intended to bypass the regular grievance procedure provided for the settlement of all grievancesEmployees. 11.02 Any employee having 41.02 A grievor shall have reasonable time off without loss of pay to consult her/his ▇▇▇▇▇▇▇ when meeting with the Employer in the grievance process. 41.03 An Employee who feels that s/he has a grievance shall first take discuss the matter up with his/her committee person who will discuss said complaint with the immediate supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four ten (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (210) working days of the receipt occurrence of the grievance. Should the employee incident or the union be dissatisfied with the supervisor’s decision, the Union may refer cause giving rise to the grievance and may have a Union representative present during such discussions if so desired by the Employee. The supervisor shall provide the Employee with an answer to a meeting of the plant committee and representatives of management, who shall meet grievance within five three (53) working days of the request for such meetingdiscussions. The Union National Representative and/or President When any matter cannot be settled by the foregoing informal procedure it shall be submitted to the steps of the local union grievance procedure specified in Article 41.05 and the supervisor shall be notified accordingly. Where the immediate supervisor is the Department Head the Employee may be in attendance present the grievance at Step Two. In this meeting. 11.03 Management's decision relating to event the grievance shall be in writing andwriting, if not rendered during on the conferenceprescribed form (see Appendix "D"), shall specify the section or sections of this Agreement alleged to have been misinterpreted, misapplied or violated and shall specify the redress sought. A copy of the written grievance shall be rendered provided concurrently to the Chairperson Department Head. 41.04 When a grievance is submitted to the steps specified in Article 41.05 the Employee shall be accompanied by a representative of the Committee within two (2) working days after the holding of the conferenceUnion. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose College and the Union recognize that grievances may arise concerning: (a) differences between the Parties respecting the interpretation, application, operation, or any alleged violation of a provision of this Article Agreement, including a question as to whether or not a matter is subject to establish a procedure for arbitration; or (b) the settlement dismissal, discipline, or suspension of all grievances. 11.02 Any an employee having bound by this Agreement. An employee who wishes to present a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit at Step 1 of the grievance procedure, in the manner prescribed in Clause 21.3, must do so no later than thirty (30) days after the date on which he/she was notified orally or in writing, on a form to be supplied of the action or circumstances giving rise to the Company by grievance, or on which he/she first became aware of the supervisor. The supervisor shall give his/her decision in writing action or circumstances giving rise to the committee person grievance. In the case of a dispute arising from an employee's dismissal or suspension, the grievance may commence at Step 2 of the grievance procedure within two thirty (230) working days of the receipt employee receiving notice of dismissal or suspension. 21.3 Step 1 Before a written grievance can be submitted at Step 2 of the grievance procedure, every effort shall be made to settle the dispute at Step 1. (a) The aggrieved employee shall request a discussion with the administrator and shall specify that this is Step 1 of a grievance and the nature of the grievance. Should The employee has the right to have a Union representative present at such a meeting. (b) The administrator will have seven (7) days to investigate the matter and respond. 21.4 Step 2 An employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the who wishes to pursue a grievance to a meeting of the plant committee and representatives of management, who shall meet at Step 2 must do so within five fourteen (514) days of having received the request for such meetingresponse from Step 1. The Union National Representative and/or President grievance will be submitted on the appropriate form setting out the nature of the local union may grievance and the circumstances from which it arose, and the remedy sought. The grievance will then be in attendance at this meeting. 11.03 Management's decision relating reviewed by a committee of two representatives of the Union, one of whom will be the staff representative or designate and the other designated by the staff representative, and two representatives of the College, one of whom shall be the President or designate. The Committee must meet to review the grievance shall be within fourteen (14) days of its receipt. The College will respond in writing and, if not rendered during following the conference, shall be rendered to committee's review. If there is no resolution within thirty (30) days from the Chairperson date of the Committee within two (2) working days after first committee review meeting, the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it matter may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestarbitration. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 18.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and which the parties to this Agreement have endorsed, the grievance procedure will be in accordance with Section 7.0 of the NJC By-Laws. 18.02 Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 18.05 except that, (a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed, and (b) where the grievance relates to the interpretation or application of this Article Agreement or an arbitral award, the employee is not entitled to establish a procedure for present the settlement grievance unless he or she has the approval of all grievancesand is represented by the Alliance. 11.02 Any employee having 18.03 Except as otherwise provided in this Agreement, a grievance shall be processed by recourse to the following levels: (a) level 1 - first take level of management; (b) levels 2 and 3 - intermediate level(s) where such level or levels are established in departments or agencies; (c) final level - Deputy Head or Deputy Head’s authorized representative. Whenever there are four levels in the matter up with his/her committee grievance procedure, the grievor may elect to waive either Level 2 or 3. 18.04 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person who will discuss said complaint so designated together with the name or title and address of the immediate supervisor concernedor local officer-in-charge to whom a grievance is to be presented. If This information shall be communicated to employees by means of notices posted by the complaint is not satisfactorily resolved within twenty-four (24) hours, Employer in places where such notices are most likely to come to the committee person will then submit attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Alliance. 18.05 An employee who wishes to present a grievance at a prescribed level in writing, on a form the grievance procedure shall transmit this grievance to be supplied to the Company by the supervisor. The his or her immediate supervisor or local officer-in-charge who shall give his/her decision in writing to the committee person within two forthwith: (2a) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer forward the grievance to a meeting the representative of the plant committee and representatives of managementEmployer authorized to deal with grievances at the appropriate level, who shall meet within five and (5b) days of provide the request for such meeting. The Union National Representative and/or President of employee with a receipt stating the local union may be in attendance at this meetingdate on which the grievance was received by him or her. 11.03 Management's decision relating 18.06 Where it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and 18.07 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Employer. 18.08 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any level. 18.09 The Alliance shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the decision. 18.10 An employee may present a grievance to the First Level of the procedure in the manner prescribed in clause 18.05 not later than the twenty-fifth (25th) day after the date on which he or she is notified orally or in writing and, if not rendered during or on which he or she first becomes aware of the conference, shall be rendered action or circumstances giving rise to the Chairperson of the Committee within two (2) working days after the holding of the conferencegrievance. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred 18.11 The Employer shall normally reply to an arbitratoremployee’s grievance, provided written notice of at any level in the party's intention to refer grievance procedure, except the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written noticefinal level, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request date the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of grievance is presented at that level. Where such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge decision or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision settlement is not satisfactory to the employee employee, he or she may submit a grievance at the unionnext higher level in the grievance procedure within ten (10) days after that decision or settlement has been conveyed to him or her in writing. 18.12 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at any level, except the final level, the matter may then proceed on employee may, within the giving next ten (10) days, submit the grievance at the next higher level of the prescribed notice of appeal grievance procedure. 18.13 The Employer shall normally reply to an impartial arbitrator selected as herein providedemployee’s grievance at the final level of the grievance procedure within thirty (30) days after the grievance is presented at that level. 11.06 18.14 Where an employee has been represented by the Alliance in the presentation of his or her grievance, the Employer will provide the appropriate representative of the Alliance with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee. 18.15 The term working days when used decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication. 18.16 In determining the time within which any action is to be taken as prescribed in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, Sundays and designated paid holidays and vacations as defined hereinshall be excluded. 11.07 18.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative. 18.18 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels, except the final level may be eliminated by agreement of the Employer and the employee, and, where applicable, the Alliance. 18.19 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, the grievance procedure outlined set forth in this Agreement shall apply equally to except that the grievance shall be presented at the final level only. 18.20 An employee may abandon a grievance lodged by written notice to his or her immediate supervisor or officer-in-charge. 18.21 An employee who fails to present a group of employees, or grievance to a Union policy grievance. All grievance forms and appeal forms the next higher level within the prescribed time limits shall be supplied deemed to have abandoned the 18.22 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance as provided in this Agreement. 18.23 Where an employee has presented a grievance up to and including the company.Final Level in the grievance procedure with respect to: (a) the interpretation or application in respect of him or her of a provision of this Agreement or a related arbitral award, or (b) disciplinary action resulting in suspension or a financial penalty, or (c) termination of employment or demotion pursuant to paragraph 11(2)(f) or

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose (a) Any complaint, disagreement or difference of opinion between the Company, the Union or the employees covered by this Agreement, which concerns the interpretation or application of the terms and provisions of this Article is to establish Agreement, shall be considered a procedure for the settlement of all grievancesgrievance. 11.02 (b) Any employee having employee, the Union or the Company may present a grievance. Any grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint which is not satisfactorily resolved presented within twenty-four fourteen (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (214) working days of following the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance event giving rise to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if forfeited and waived. This provision shall not rendered during be used to deny any employee his or her rights under the conference, Provincial Labour Statutes. (c) The Steps of the Grievance Procedure shall be rendered to as follows: STEP I Any grievance of an employee shall be first taken up between such employee and the Chairperson Company Operations Manager with the Shop ▇▇▇▇▇▇▇ present, at a mutually agreeable time, decided by the parties. STEP II Failing settlement under Step I, such grievance shall be taken up between a representative of the Committee within two (2) working days after Union and the holding of the conferenceOperations Manager. 11.04 STEP III If management's decision no solution is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party reached within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists grievance was first discussed under Step II, then the parties shall have been exchanged request ten (10) days to submit in writing their contention on the Minister dispute, failure to respond or failing settlement of Labour the dispute at this stage shall cause the matter to be submitted to arbitration. Notwithstanding the above, if an authorized Agent of Ontario to appoint an arbitrator and shall provide the other Union claims a violation of this Agreement, he may invoke the Grievance Procedure at Step II as the grieving party with a copy on behalf of such requestthe Union or on behalf of any employee or employees concerned. 11.05 The following special procedure shall be applicable STEP IV Failing settlement under Step III, either party may refer the matter to an agreed upon arbitrator to act in the same capacity and having the same powers as a grievance alleging improper discharge or suspension board of an employeearbitration. The grievance Either party may apply for expedited arbitration. Any of the above time limits in Steps I to IV may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedextended by mutual agreement. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 A grievance shall be defined as any difference or dispute between the Employer and any employee or the Union relating to the interpretation, application or administration of this Article Agreement, and an allegation that this Agreement has been violated. It is to establish a procedure for the settlement mutual desire of the parties hereto that complaints of employees shall be addressed as quickly as possible. Accordingly, all grievances. 11.02 Any complaints and grievances shall be taken up in the follow manner An employee having a grievance shall first take refer it to her immediate Supervisor within seven (7) calendar days of the matter up with his/her committee person who will discuss said complaint with actual occurrence leading to the supervisor concernedcomplaint. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the The grievance shall be in writing, on a form to be supplied to the Company signed by the supervisoremployee and shall identify the nature of the grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to have been violated. At this Stage, the employee may be accompanied by a Union ▇▇▇▇▇▇▇, if she so desires. The supervisor Supervisor shall give his/her decision reply in writing to the committee person employee in writing, giving the answer to the complaint within two seven (27) working calendar days from date of submission. Failing settlement at Step I, the employee may refer the written grievance within seven (7) calendar days to the corporate Human Resources Manager or designate of the Employer. The Human Resources Manager or designate shall meet with the grievor, and one member of the Union ▇▇▇▇▇▇▇ Committee within seven (7) calendar days of the receipt submission of the grievance. Should the employee , or the union within such timeframe as may be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting extended by mutual agreement of the plant committee parties. It is understood that at such meeting the corporate Human Resources Manager or designate may have such counsel or assistance as she may desire and representatives of management, who a LIUNA Union representative may also be present. The corporate Human Resources Manager or designate shall meet give his written reply within five seven (57) calendar days of the request for such meeting. The Union National Representative and/or President of Failing settlement at Step II, under the local union may be in attendance at this meeting. 11.03 Management's decision relating to foregoing procedure, the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other arbitration by either party within ten eighteen (1018) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) calendar days after the lists have decision has been exchanged request given at Step II, in accordance with the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestprocedure set out in Article 9.01. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 1. A Union ▇▇▇▇▇▇▇ shall be present when an employee is given a verbal warning, written warning, written notice of a suspension or written notice of dismissal. The employee shall have the right to choose the Union ▇▇▇▇▇▇▇ who will be present. 2. For the purpose of this Article negotiating grievances, it is to establish agreed that the Union shall set up Grievance Committee consisting of not more than two (2) employees plus the grievor, if appropriate. The Union and any other counsel it deems necessary may have the assistance of a procedure for Representative of the settlement Retail, Wholesale and Department Store Union and the Company may have the assistance of all grievancessuch counsel as it deems necessary. 11.02 (a) Any complaint, disagreement or difference of opinion between the Company, the Union or the employee having covered by this Agreement concerning the interpretation or application of the terms and provisions of this Agreement shall be considered a grievance and/or dispute. (b) All disputes and grievances of employees shall first take the matter be submitted in writing and taken up with his/her committee person who will discuss said complaint within seven (7) working days of their occurrence with the supervisor concerned. If the complaint is not satisfactorily resolved employee’s immediate superior who shall render a written decision within twenty-four seven (247) hours, the committee person will then submit the grievance in writing, on a form to be supplied working days to the Company by Union Committee. (c) If a satisfactory settlement cannot be reached under Clause 3(b) of this Article, grievances shall be taken up within five (5) working days with the supervisor. The supervisor Manager who shall give his/her render a decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, to the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meetingCommittee. 11.03 Management's decision relating to (d) If a satisfactory settlement cannot be reached under 3(c) above, the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party arbitration within ten (10) days after management's decision. Within five (5) working days of the giving date of written notice, both the decision rendered under 3(c). The parties will exchange lists to this Agreement agree to establish an independent Board of three (3) proposed arbitratorsArbitration in the following manner: The Company and the Union shall each select a member to represent them on a Board of Arbitration. In The Company and the event that no name Union shall then select a Chairperson who is common acceptable to both lists, either party may parties. Upon failure to agree on a Chairperson within ten (10) days after the lists have been exchanged days, either party shall request the Minister of Labour of Ontario to appoint an arbitrator and shall provide a Chairperson. It is agreed that the other party with a copy expenses of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee Board of Arbitration shall be shared equally by both parties to the management within two this Agreement. (2e) working days after the receipt The decision of the grievanceBoard of Arbitration shall be final and binding on both parties. If It is distinctly understood that the decision Board of Arbitration is not satisfactory vested with its power to change, modify or alter this Agreement in any of its parts. The Board may, however, interpret the employee or provisions of this Agreement. (f) Notwithstanding the unionforegoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the matter parties agree, a Sole Arbitrator may then proceed on be chosen to act in the giving same capacity and having the same powers as a Board of Arbitration. (g) Timelines may be extended by mutual agreement of the prescribed notice of appeal to an impartial arbitrator selected as herein providedparties. 11.06 The term 4. Disputes and grievances of employees and collective bargaining negotiations shall be handled on Company time during regular working days when used hours, unless otherwise mutually agreed upon. It is agreed that no employee shall suffer loss of pay while handling grievances or taking part in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined hereincollective bargaining negotiations. 11.07 The 5. Should an employee be improperly penalized, dismissed, laid off, recalled, promoted, demoted or transferred and it is later established through the grievance procedure outlined that such penalty, dismissal, layoff, recall, promotion, demotion or transfer was not in accordance with the provisions of this Agreement Agreement, he shall apply equally immediately be returned to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms his proper status in all respects and appeal forms shall be supplied by the companycompensated for all wages lost at his regular rate of pay.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 13.01 Where an employee or group of employees feels aggrieved by the interpretation or application in respect of a provision of a Statute, or a regulation, by-law, direction or other instrument made or issued by the Employer, dealing with the terms and conditions of employment or an alleged violation of any of the provisions of this Article is to establish Agreement by the Employer, or, as a procedure for the settlement result of all grievances. 11.02 Any employee having a grievance shall first take the any occurrence or matter up with affecting his/her committee person who will discuss said complaint terms and conditions of employment and where the employee has the written consent of the Union the following procedure shall apply with the supervisor concernedexception of group grievances, which shall proceed directly to Step 2: STEP 1: Within twenty (20) days after the alleged grievance has arisen or the employee became aware of the grievance, the employee may present his/her grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to the person designated by the Employer as the first level in the grievance procedure for this Bargaining Unit. If the complaint is employee receives no reply or does not satisfactorily resolved receive satisfactory settlement within twenty-four ten (24l0) hoursdays from the date on which he presented his/her grievance to the person designated as the first level in the grievance procedure, the committee person will then submit employee may proceed to Step 2. STEP 2: Within ten (l0) days from the expiration of the ten (l0) day period referred to in Step l, or in the case of a group grievance, the employee, or group of employees may present the grievance in writing, on a form to be supplied writing at the final level of the grievance process by personal service or by mailing it by registered mail to the Company person designated by the supervisorEmployer as the final level of the grievance procedure for employees of this Bargaining Unit. The supervisor person designated as the final level shall give his/her decision reply to the grievance in writing to the committee person employee within two ten (2l0) working days of from the receipt of date the grievancegrievance was presented at the final level. Should the employee employee(s) not receive the reply or satisfactory settlement of the union be dissatisfied with grievance within ten (l0) days from the supervisor’s decisiondate on which it was presented at the final level, the Union employee(s) may refer the grievance to a meeting adjudication as provided in Article 14 of the plant committee and representatives of managementthis Agreement, who shall meet within five fifteen (5l5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists date on which a reply should have been exchanged request received from the Minister of Labour of Ontario to appoint an arbitrator and shall provide person designated as the other party with a copy of such requestfinal level. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 9.01 It is the mutual desire of the parties to this Article Agreement that the complaint of an employee shall be resolved as promptly as possible. It is understood that an employee has no grievance until he has first discussed his complaint with his immediate Supervisor and afforded him an opportunity to establish endeavour to adjust his complaint. If an employee has a procedure for complaint he shall discuss it with his immediate Supervisor or designate within five (5) working days after the settlement of all grievances. 11.02 Any employee having circumstances giving rise to the complaint have originated or occurred. Failing settlement, it may be taken up as a grievance within five (5) working days following advice of the immediate Supervisor’s or designate’s decision in the following manner and sequence: The employee shall first take submit a written grievance signed by him to his immediate Supervisor. The grievance shall specify the matter up with his/her committee person who will discuss said complaint with article or articles of the supervisor concernedCollective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. If The immediate Supervisor shall submit his answer in writing within five (5) working days following the complaint is not satisfactorily resolved within twenty-four day on which the grievance was presented to him. Failing settlement, then: Within five (245) hoursworking days following the decision under Step I, the committee person will then employee shall submit the written grievance in writing, on a form to be supplied to the Company by Manager or designate who shall review the supervisor. The supervisor shall give his/her grievance and render a decision in writing to the committee person within two five (25) working days of from the receipt of date on which the grievancegrievance is presented to him. Should Failing settlement, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance to the Director of Human Resources or the union be dissatisfied designate. The Director of Human Resources or designate will meet with the supervisor’s decision, grievor and the Union may refer ▇▇▇▇▇▇▇ from the appropriate area to review the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of receiving the request for such meetinggrievance at this step. The Director of Human Resources shall have such counsel and assistance as he may desire at this meeting as may the Union National Representative and/or President request the presence of the local union may be in attendance at this meeting. 11.03 Management's Union staff representative. Failing settlement, the decision relating to of the grievance Director of Human Resources or designate shall be delivered in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two five (25) working days after from the holding of date on which the conferencegrievance meeting was convened. 11.04 If management's decision 9.02 Failing settlement, under the foregoing procedure, of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether the grievance is not satisfactory to arbitrable, the employee or the union, it grievance may be referred submitted to an arbitrator, provided arbitration as hereinafter provided. If no written notice of request for arbitration is received by the party's intention to refer the dispute to an arbitrator is given to the other party Chief Executive Officer or designate within ten (10) days after management's decision. Within five (5) days from the date of the giving of written noticedecision under Step III above is given, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common grievance shall be deemed to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestsettled. 11.05 The following special 9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the Employer and the representatives for the Union, shall be applicable final and binding upon the Employer, the Union and the employees. All time limits referred to in the grievance procedures and the arbitration procedure, shall be construed as mandatory and failure to comply with any time limits shall be deemed abandonment of the grievance or denial of the grievance as the case may be. Notwithstanding the foregoing, the parties may agree to waive or extend any of the time limits established in this grievance procedure. However, any such agreement shall be in writing and acknowledged by the parties. 9.04 For the purposes of this Agreement, the words “working days” shall not include Saturdays, Sundays or paid holidays. 9.05 Where a grievance alleging improper discharge or suspension has been filed by an employee the Employer shall not discuss the grievance with the grievor without the presence of an employeea Union ▇▇▇▇▇▇▇ unless the employee requests to speak to the Employer without representation. The grievance may be lodged in writing through the Chairperson At each step of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays the Employer will Deliver the grievance response to the ▇▇▇▇▇▇▇ and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged the grievor by a group mutually agreed upon mode of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the companycommunications.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose In the event a grievance arises on a vessel of the Company as to the interpretation or application of or in compliance with the provisions of this Article is to establish a procedure for Agreement, including without limiting the settlement generality of all grievances. 11.02 Any employee having the foregoing, a grievance in respect to wages, hours of work or conditions of employment of any Officer, there shall first take be no interruption or impeding of work, and the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit parties shall endeavour to settle the grievance in writingthe following manner: STEP ONE An Officer who believes he has a grievance must discuss that grievance with the Master, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision and if no satisfactory solution is achieved, he must submit that grievance in writing to the committee person within two (2) working days Master of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party vessel within ten (10) days after management's decisionof its alleged occurrence. Within five (5) days of The Master must reply to the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may grievance within ten (10) days after of its receipt. If the lists have been exchanged request Master is not living aboard or is not available, such grievance must be submitted directly to the Minister Company within the same time limit of Labour its alleged occurrence. The Company must reply to the written grievance within ten (10) days of Ontario its receipt. If no settlement is reached in Step One, the Guild representative acting on the Officer's behalf must within twenty (20) days from the date the Master replied under Step One, meet with a Company representative in order to appoint an arbitrator discuss the grievance, and if possible, to achieve a settlement. The Company representative shall provide render his decision in writing. STEP THREE If no settlement is reached in Step Two, either party may indicate its intention to proceed to arbitration by notifying the other party with a copy by registered mail within ten (10) days of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievancedecision in Step Two. Notwithstanding any other provisions of this Agreement, if the Company or any of its representatives fail or refuse to comply with any step or condition of the grievance procedure set out in subsection the Guild acting on behalf of an Officer, may submit the grievance at once to arbitration in the manner set out in subsection If there is a grievance which is the same for a number of Mates of a Company, such grievance shall be presented directly to a representative of the Company involved. If no settlement can be reached between this representative and a representative of the decision is not satisfactory to the employee or the unionGuild, the matter may then proceed be submitted to arbitration as per Step Three. The results of such arbitration shall be binding on the giving of Company, the prescribed notice of appeal to an impartial arbitrator selected as herein providedGuild and all persons concerned with the particular grievance involved. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose (1) In the event the Local Union or any Employee will consider that he or she has any grievance or dispute or that any provision of this Article the Agreement has been or is being violated, an ▇▇▇▇▇▇▇ effort will be made by the Grievance Committee (duly designated by the Union) or any other authorized representative of the Union, to establish adjust such grievance as quickly as possible in the following manner: a. Step 1: i. Both parties realize that the best solution to a procedure for the settlement of all grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who dispute will discuss said complaint with the supervisor concernedbe through open communication. If the complaint is not satisfactorily resolved within twenty-four (24) hoursEmployee or Union have a concern or feel there has been a violation of the Collective Agreement, the committee person parties will then submit meet to resolve the issue. ii. The Employee having the grievance in writing, on will be allowed a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days reasonable amount of the receipt of the grievance. Should the employee or the union be dissatisfied time with the supervisor’s decision, the Union may refer Representative to reduce the grievance to a meeting of written form. The grievance will be presented to the plant committee and representatives of management, who shall meet Employer within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working business days after the holding occurrence of the conferencealleged cause for grievance; otherwise such grievance may not be heard or considered by the Employer or the Union. 11.04 iii. The alleged grievance will first be taken up between a Union Representative, the Employee and the appropriate Line Manager. b. Step 2: i. If management's decision is not the Line Manager and the Union Representative fail to reach satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party resolution within ten (10) days after management's decision. Within five (5) days of business days, the giving of written notice, both parties matter will exchange lists of three then be referred to the Joint Grievance Committee. The Joint Grievance Committee will review the grievance within thirty (30) days c. Step 3) proposed arbitrators. : i. In the event that no name is common the last named procedure fails within five (5) business days to both listsproduce a satisfactory settlement, either party may the matter will then be referred to the Site Lead and Union President within ten thirty (1030) days. d. Step 4: i. In the event the last named procedure fails within five (5) business days to produce a satisfactory settlement of the matter, it will be submitted to arbitration within sixty (60) days after of the lists have been exchanged request denial of the Minister of Labour of Ontario grievance in the last named procedure. During this period, the parties may meet to appoint an arbitrator try and shall provide resolve the other party with a copy of such requestissue. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after The above timelines may be extended with agreement between the receipt of Union and the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedEmployer. 11.06 The term working (3) Failure to submit the grievance to arbitration within these sixty (60) days when used in this Agreement for is sufficient cause that the grievance procedure, shall exclude Saturdays, Sundays, holidays will not be arbitrated. This sixty (60) day period may be extended with agreement between the Union and vacations as defined hereinthe Employer. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 6.01 Grievance means a complaint by an employee or group of employees concerning the interpretation, or the application, of the provisions of this Article is Agreement or of rules or regulations governing personnel practices or conditions of employment, which has not been resolved satisfactorily in an informal manner between the employee and their immediate supervisor. An employee filing a formal grievance must attempt to establish rectify the situation with the immediate supervisor, unless that attempt would be futile. The employee may request that a procedure formal representative of the Union be present. No person shall suffer discrimination or retaliation/reprisal for the settlement of all grievancesfiling of, or their involvement in a grievance. 11.02 Any 6.02 Individual employees or groups of employees shall have the right to present grievances in person, or through a formal representative of the Union. The formal representative of the Union may be present at any meetings with an employee having who has filed a grievance which are related to the grievance or grievances which have been filed. 6.03 Failure by an employee or the Union to comply with any time limitations set forth in this Article shall first take constitute a withdrawal of the matter up with his/her committee person who will discuss said complaint with the supervisor concernedgrievance. If the complaint City fails to respond within any time limitations set out in this Agreement, then the employee shall have the right to move to the next step in the grievance procedure. It is not satisfactorily resolved within twenty-four agreed that all times may be extended by mutual agreement of the City and the Union. 6.04 Within fourteen (2414) hoursdays after the employee has knowledge of, or should have had knowledge of an occurrence giving rise to a grievance, the committee person will then employee and/or a representative of the Union shall submit a written grievance to the Department Director or their designee., The initial written grievance to the Department Director shall be known as Step I grievance. The Department Director or their designee, shall meet to discuss the grievance in writing, on with the employee and/or representative of the Union within seven (7) days of receiving of the grievance. The Department Director or their designee shall submit a form to be supplied written answer to the Company by employee and to the supervisorUnion within seven (7) days following the meeting. 6.05 If the employee disagrees with the decision of the Department Director, the employee may file within fourteen (14) days of the Department Director or their designee’s written decision a written grievance with the Mayor. The supervisor shall give his/her decision in writing grievance to the committee person within two Mayor shall be known as a Step II grievance. Within fourteen (214) working days of the receipt of the grievance, the Mayor or designee will meet with the employee, who may be accompanied by a representative, to discuss the grievance. Should Within fourteen (14) days of this meeting, the Mayor will submit a written decision to the employee or and the union be dissatisfied Union regarding the subject of the grievance. 6.06 If the employee disagrees with the supervisor’s this decision, the Union may refer the grievance to a meeting of the plant committee and representatives of managementemployee and/or representative may, who shall meet within five thirty (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (1030) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory decision, initiate an appeal to the employee or the unionDepartment of Labor, the matter may then proceed whose decision shall be binding on the giving employee and the City in accordance with provisions of the prescribed notice SDCL 3-18-15.2, subject to either party’s right of appeal pursuant to an impartial arbitrator selected as herein providedSDCL 1-26. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged 6.07 Grievances raised by a group of employeesemployees by the formal representative, which are of general concern regarding application or to a Union policy grievance. All grievance forms and appeal forms interpretation of this Agreement, shall be supplied by initiated at Step II of the companygrievance procedure. This provision shall not be used to resurrect an individual employee’s grievance.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose In addition to the rights of the parties in accordance with sections 123 and 124 of the Police Services Act, the parties may attempt to resolve a difference concerning the interpretation, application, administration or alleged violation of any of the provisions of this Article is Agreement as follows: (1) When a Member of the Association has any complaint, they shall convey orally to establish a procedure the superior responsible for the settlement complaint and the Member and the superior shall make every effort to resolve the problem at this preliminary stage. Should the Member and the superior fail to resolve the complaint to the satisfaction of all grievancesthe Member, or if the superior fails to discuss, acknowledge or otherwise deal with the complaint the Member may invoke the following procedure in an attempt to remedy the cause for their complaint. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. (2) If the complaint is not satisfactorily resolved within twenty-four (24) hoursin step 1, the committee person will then submit Member shall reduce a grievance to writing, and present their case to the Management representative, who is the superior to the supervisor in step 1. Every effort shall be made to resolve the grievance in writing, on a form to be supplied at this stage. If the grievance is not resolved to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days satisfaction of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet Member within five (5) days of presenting the request for such meeting. The Union National Representative and/or President case, the Member may invoke the following procedure in an attempt to remedy the cause of the local union may be in attendance at this meetinggrievance. Notwithstanding the above options, the Member shall have no right of procedure unless the Member has first attempted to resolve the differences by these procedures. 11.03 Management's decision relating (3) The Member shall communicate his grievance, in writing, to the grievance shall be in writing andofficial representatives of the Association, if not rendered during the conference, shall be rendered setting down all matters pertinent to the Chairperson dispute. (4) The Association shall investigate the grievance and if, in the judgement of the Committee within two (2) working days after Association, the holding grievance is justified, present such grievance, in writing, to the Chief of the conferencePolice or his designee for consideration. 11.04 If management's decision is not satisfactory to (5) The Chief of Police shall hear or receive the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party grievance and within ten (10) working days after management's decision. Within five communicate in writing his decision relative to the grievance. (56) The Association shall, if dissatisfied with the ruling of the Chief of Police or his designee or if the Chief of Police fails or refuses to deal with the grievance within the specified time, the Association may file with the Board, in writing, said grievance within twenty (20) days of the giving date the grievance was submitted to the Chief of written noticePolice or his designee. (7) The Board shall, within twenty (20) days of the receipt of such grievance, cause an inquiry to be held at which hearing either of both parties will exchange lists may introduce evidence in support of three their grievance. The Board shall have a further twenty (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (1020) days after the lists have been exchanged request inquiry to deliver their decision in writing to the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestinterested parties. 11.05 (8) The Association may, if dissatisfied with the decision of the Board, or if the Board fails to communicate, acknowledge, or inquire into the grievance within the specified time, submit the matter to arbitration as provided in the Police Services Act, R.S.O. 1990. Notification of a desire for a Board of Arbitration must be made within twenty (20) days following special the decision of the Board. (9) Any time limits specified in this procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through enlarged or extended by the Chairperson consent of the Committee to parties then so engaged in the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedprocedure. 11.06 (10) Where a difference between the parties concerns the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an alleged violation affects: (a) More than one Member, or (b) The term working days when used interests of either party to this agreement (11) The word "days" in this Agreement for grievance procedure, shall exclude Article means calendar days exclusive of Saturdays, Sundays, holidays Statutory Holidays, and vacations as defined hereinthe period of the Griever's vacation. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Civilian Contract, Civilian Contract

GRIEVANCE PROCEDURE. 11.01 10.1 The purpose Corporation will recognize a "Union Committee" of this Article is two (2) employees and the Business Manager, or the Assistant Manager of the Union as an alternate to establish the Business Manager, as a procedure for Grievance Committee to deal with all grievances up to Step three (3) in the settlement Grievance Procedure. The Corporation shall not recognize such Committee, or any member of all grievancessuch Committee, until notified of the Committee's membership by Registered Mail. 11.02 10.2 It is recognized that a grievance can be settled quickest and easiest between the regular employee or group of regular employees and the immediate supervisor. It is incumbent therefore that a regular employee(s) who feels that he/she has a reasonable complaint, shall first approach his/her immediate supervisor with a view to settling the difference(s) in an informal manner. 10.3 All written grievances referred to in this article shall include, as a minimum, a statement of the following: 1. The grievance 2. The part of the agreement violated. 3. The redress sought 10.4 Step 1 - Any regular employee or group of regular employees having a grievance and having completed 10.2, shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied make it known to the Company by Grievance Committee and/or Chief ▇▇▇▇▇▇▇ or Unit Chairperson who shall meet to consider the supervisorUnion’s course of action on the matter. The supervisor Grievance Committee shall give his/her decision in writing present the written grievance to the committee person Supervisor or Director within two five (25) working days of the incident giving rise to the grievance, or five (5) days after return to work of the party having the grievance, and the Supervisor/Director will then have five (5) working days following receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisiongrievance in which to render his answer in writing. 10.5 Step 2 - Failing a satisfactory settlement at Step 1, the Union may refer Grievance Committee shall take the grievance to a problem solving meeting between the Grievance Committee and the appropriate Management personnel. This meeting will be arranged at a time satisfactory between the two (2) parties, but will be no later than ten (10) working days. After the problem solving meeting, the President & CEO shall have five (5) working days in which to render a decision. 10.6 Step 3 - Each of the plant committee parties hereto agrees that any dispute or grievance, which has been carried through all Steps of the Grievance Procedure, and representatives has not been settled to the mutual satisfaction of managementthe parties hereto, who will be referred to a mutually agreed upon Settlement Officer prior to a Board of Arbitration. Once a grievance is referred to a Settlement Officer and/or a Board of Arbitration, the Company and the Union will equally share in the costs of the Settlement Officer and/or Board of Arbitration. The Company will be responsible for the wages of the union members of the Grievance Committee for the Settlement Officer meeting, to a maximum of one (1) day. The Union will be responsible for the wages of the union members of the Grievance Committee for any days beyond the first day for the Settlement Officer meeting and for all days pertaining to Arbitration. 10.7 The party requesting the Board of Arbitration shall meet notify the other party in writing, and at the same time will nominate its appointee to the Board of Arbitration. This action shall be taken within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding completion of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decisionStep 3. Within five (5) days thereafter, the party receiving the request will nominate its appointee to the Board of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employeeArbitration. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.two

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose (a) For the purposes of this Article Agreement, a grievance is a complaint which has been reduced to establish writing respecting the meaning and/or application of the provisions of this Agreement and all matters pertaining thereto. A grievance may concern a procedure for difference arising between an employee and the settlement of all grievancesEmployer or the Union and the Employer. 11.02 Any (b) The parties to this Agreement share a desire to adjust employee having a grievance complaints as quickly as possible. An employee shall first take the matter up discuss his/her complaint with his/her committee person who will discuss said immediate supervisor within 5 days of the occurrence giving rise to the complaint with so as to afford the supervisor concernedan opportunity to resolve the complaint. If The employee may be accompanied by a representative of the Union when the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by being discussed with the supervisor. The supervisor . (c) It is agreed that an employee shall give not file a grievance until he/she has discussed his complaint with his/her decision supervisor in writing accordance with paragraph (b). (d) When an employee has presented his/her complaint to his/her supervisor and the complaint has not been resolved to his/her satisfaction within three (3) days of the meeting, he/she may file a grievance with the Union Grievance Committee. The grievance must be signed and dated by the employee within fifteen (l5) days of the day on which he/she was notified or became aware of the incident giving rise to the committee person grievance or within two ten (210) working days of the receipt by him/her of the grievance. Should the his/her supervisor's reply to his/her complaint, whichever shall last occur. (e) Where an employee or the union be dissatisfied has filed a grievance with the supervisor’s decisionUnion Grievance Committee, the Union may refer may, within ten (10) days from the date thereof, present the grievance to a meeting of the plant committee and representatives of management, who employee's Department Head,or designate. The Department Head or designate shall meet with the grievor and the Union representative within five (5) days of from the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing andday on which it was presented and shall, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of from the giving of written noticemeeting, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestrender his/her decision in writing. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2f) working days after the receipt of the grievance. If the decision is not satisfactory Department Head or designate (i) fails to meet the employee or grievor and the unionUnion representative, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.or

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 (a) The purpose of this Article is Employer shall recognize all Shop Stewards and Union Executive members appointed or otherwise selected by the Union bargaining unit, whose duties shall be to establish a procedure for investigate and to attempt to settle disputes and process any grievance in accordance with the settlement of all grievancesgrievance procedure. 11.02 Any employee having a grievance (b) The Union shall first take notify the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hoursEmployer, the committee person will then submit the grievance in writing, on of the name of each Union Executive member and Shop ▇▇▇▇▇▇▇ before the Employer shall be required to recognize them. (c) The Union Executive and Shop Stewards selected according to (a) hereof, shall not change so long as they remain employees or until their successors are chosen. (d) In order that the work of the Employer shall not be unreasonably interrupted, the Shop ▇▇▇▇▇▇▇ shall not leave work without obtaining permission of their supervisor, which permission shall be given within an hour. (e) Should a form dispute arise between the Employer and any employee(s) or the Union regarding the interpretation, meaning, operation, or application of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, or should any other dispute arise, an ▇▇▇▇▇▇▇ effort shall be supplied made to settle the Company by dispute in the supervisorfollowing manner: Step 1: The aggrieved employee(s), together with the Shop ▇▇▇▇▇▇▇ shall meet to attempt to settle the grievance with the employee’s supervisor within sixty (60) days of the date of the incident causing the employee’s concern or the date the employee first became reasonably aware of the incident. The supervisor shall give his/her decision in writing attempt to resolve the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet dispute within five (5) working days of the request for such meeting. The Union National Representative and/or President being advised of the local union may be in attendance at this meetinggrievance. 11.03 Management's decision relating Step 2: Failing satisfactory settlement of the grievance after the completion of Step 1, the Union will submit to the grievance Secretary-Treasurer or designate within ten (10) working days, a written statement of the particulars of the complaint and the redress sought. In an attempt to resolve the dispute a meeting shall be in writing and, if not rendered during held with the conference, shall be rendered to Secretary-Treasurer or designate and the Chairperson Union within five (5) working days of receipt of the Committee written grievance. In any event, the Secretary-Treasurer or designate shall render the Employer’s written decision within two seven (27) working days after the holding meeting. Step 3: Failing satisfactory settlement of the conference. 11.04 If management's decision is not satisfactory to grievance being reached after completion of Step 2, the employee or Union will notify the union, it may be referred to an arbitrator, provided written notice Employer in writing of the party's their intention to refer further the dispute to an arbitrator is given to the other party grievance within ten (10) days after management's decisionworking days. Within A meeting of the Employer Committee and the Union shall be held within five (5) working days after receipt of such notice. The Secretary-Treasurer or designate shall render the Employer’s written decision within seven (7) working days after the meeting. Step 4: Failing a satisfactory settlement of the giving grievance after the completion of written notice, both parties will exchange lists of three (Step 3) proposed arbitrators. In the event that no name is common to both lists, either party to this Agreement may refer the dispute to Arbitration within twenty (20) working days. (f) Where a dispute involving a question of general application or interpretation occurs, Step 1 of this Article may be bypassed. (g) Replies to written grievances shall be in writing at all stages. (h) Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. (i) The Employer shall supply the necessary facilities for the grievance meetings. (j) Where the Employer alleges that the Union is in violation of any provision of the Agreement, the Employer may file a grievance to the Secretary of the Union within thirty (30) days. The parties shall, if requested, meet to discuss the matter within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employeedays. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not Failing satisfactory to the employee or the unionsettlement being reached, the matter may then proceed on the giving of the prescribed notice of appeal be referred to an impartial arbitrator selected as herein providedarbitration in accordance with Article 14. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose ‌‌‌ A grievance is a complaint arising from circumstances or conditions relating to one’s employment. It is not necessary to begin a formal grievance procedure for every complaint that an employee has and grievances filed will be limited to matters of interpretation or application of the terms of this Article is Agreement or the rules and regulations promulgated by the Employer. Once an employee has decided that he or she wishes to establish file a procedure grievance, the employee will take it up for settlement in accordance with the settlement of all grievances. 11.02 following steps: Step l:‌ Any employee having a grievance shall first take be discussed between the matter up employee or employees concerned together with his/her committee person who will discuss said complaint with a ▇▇▇▇▇▇▇, if desired, and their Division supervisor or Superintendent within five (5) working days from actual discovery of the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit basis for the grievance in writing, on a form to be supplied to or from the Company by date when the supervisorbasis for the grievance should reasonably have been discovered. The supervisor or Superintendent shall give his/her decision in writing a verbal answer to the committee person grievance within two five (25) working days after the verbal discussion. For employees working in the parking service operations, the Division Supervisor is designated to be the Supervisor of the Parking Services division of the Downtown Development Authority (DDA), for as long as the City maintains a contractual agreement with the DDA for management of parking services. Step 2:‌ Grievances not settled in Step 1 shall, within five (5) working days of the receipt Step 1 answer, be reduced to writing and presented to the Department Head or Department Head’s designate. The written grievance will include the Article(s) and Section(s) involved in the perceived violation, or interpretation, of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to Agreement; a meeting summary of the plant committee events, including dates and representatives of managementtime that led to or caused the perceived violation; the employee(s) involved, who shall meet and a suggested remedy. A grievance submitted without the information required in the previous sentence will be returned without action. The Department Head shall, within five (5) working days of receipt of the request for such written grievance, schedule a meeting with the ▇▇▇▇▇▇▇ or Union representative to further discuss the matter. The employee may attend this meeting with the ▇▇▇▇▇▇▇ or Union representative. The parties shall make every attempt to satisfactorily resolve the grievance at this meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating Department Head (or designate) shall give a written answer to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) working days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party this meeting with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after Union and the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedemployee. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose Section 1 A grievance is defined as a claim or dispute arising out of the application or interpretation of this Article is to establish a procedure for Agreement, under express provisions of this Agreement and shall be processed in the settlement of all grievances.following manner: 11.02 Any Section 2 Step 1. An employee having a grievance shall must submit in writing the grievance to the department head within five (5) working days from the date of the event giving rise to the grievance or the date the employee could reasonably have been first take made aware of the matter up with his/her committee person who will discuss said complaint with event. Such grievance must be submitted in writing listing the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hoursARTICLE and Section violated, the committee person will then submit specific grievance and the remedy desired. The Department Head shall fix a time and place for a grievance hearing within five (5) working days of receipt of the grievance in writingwhich shall be not more than ten (10) working days from that date. Following close of the grievance hearing, on a form to be supplied to the Company by the supervisor. The supervisor Department Head shall give render his/her decision within ten (10) calendar days. Section 3 Step 2. If the aggrieved employee or the Union is not satisfied with the decision of the Department Head and desires to proceed with the grievance, he/she shall follow the time sequence in step one (1) above and appeal in writing to the committee person City Manager setting forth his/her basis for appeal of the Department Head, citing reference to specific sections of this contract which have been violated and the basis of his/her grievance. Such grievance shall be discussed between the employee, a Union representative and the City Manager or his/her designated representative. Such meeting shall take place prior to the City Manager or the designated representative issuing his/her decision. The City Manager or the designated representative shall render his/her decision within two ten Section 4 Step 3. If the Union is not satisfied with the decision of the City Manager or the designated representative, the Union may submit in writing a request to the American Arbitration Association to appoint an arbitrator to resolve the grievance. If the Union fails to submit such written request for the appointment of an arbitrator within twenty (220) working days of the receipt of the grievance. Should the employee City Manager or the union be dissatisfied with the supervisor’s designated representative's decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be deemed abandoned and no further action shall be taken with respect to such grievance. Section 5 The decision of the arbitrator shall be final and binding upon the parties as to the matter in writing anddispute. Collective Bargaining Agreement AFSCME FY12-FY14 Section 6 The expenses of the arbitrator shall be paid by the losing party. Each party shall make arrangements for and pay the expense of witnesses who are not City employees who are called by them. Section 7 Time limits may be extended or by-passed by mutual agreement of the parties. Section 8 All decisions involving wages, if wage rates, promotions, transfers, hours worked and not rendered during the conferenceworked, shall be rendered retroactive to the Chairperson date the grievance first occurred at the discretion of the Committee within two (2) working days after the holding of the conferencearbitrator. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 1.9.1 Should a dispute arise between the Employer and an Employee, or the Union, regarding the interpretation, meaning, operation, or application of this Article Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort shall be made to establish a procedure for settle the settlement of all grievancesdispute in the manner as described in this Article. 11.02 Any employee having 1.9.2 It is the mutual desire of the parties that the complaints of Employees shall be resolved as quickly as possible. It is understood that an Employee has no grievance until he/she has first given his/her appropriate Supervisor the opportunity of resolving his/her complaint. The Employee may request the assistance of a grievance Union representative. If an Employee has a complaint he/she shall first take the matter up discuss it with his/her committee person who will discuss said complaint with appropriate Supervisor within twenty (20) working days after the supervisor concerned. If day on which the circumstances giving rise to the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form occurred or ought to be supplied have reasonably come to the Company by attention of the supervisorEmployee. The supervisor Supervisor shall give his/her decision in writing response to this complainant within seven (7) working days following this discussion. 1.9.3 Any dispute that arises under Appendix X, #4, shall be considered as a Step 1 Grievance under this Article and shall be filed with the appropriate Manager. he Union shall advise Employee Services of any dispute filed under Appendix X, #4, as well as confirmation when resolution is reached. 1.9.4 Step 1 a) In the event that the Supervisor is the Manager of the function/location, the grievance may proceed to Step 2 with the agreement of the parties. b) If the reply of the Supervisor is not satisfactory to the committee person Employee concerned, then it may be taken up as a grievance within two seven (27) working days of the response of the Supervisor and referred to the Manager of the appropriate function/location or designate. The grievance shall be in writing and shall include the circumstances giving rise to the grievance, the remedy sought, and should include the provisions of the Agreement generally to be relied upon, and shall be dated and signed by the Employee and/or Union representative. The Manager of the appropriate function/location or designate, will hold a meeting with the grievor and up to four (4) Union representatives within ten (10) working days of receipt of the grievance. Should The Manager of the employee appropriate function/location or designate may request the union be dissatisfied with attendance at the supervisor’s decisionmeeting of any other person(s). The Manager of the appropriate function/location or designate shall give his/her response to the grievor in writing within ten (10) working days following the meeting. 1.9.5 Step 2 a) Failing satisfactory resolution of the grievance at Step 1, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet Employee Services within five seven (57) working days of the request for such meetingwritten response in Step 1. The Employee Services will arrange a meeting with management representatives and up to four (4) Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party representatives within ten (10) days after management's decision. Within five (5) working days of receipt of the giving grievance and name a chair. The Manager of written notice, both parties the appropriate function or designate may request the attendance at the meeting of any other person(s). The grievor may attend such meeting. A response will exchange lists of three (3) proposed arbitrators. In be given to the event that no name is common to both lists, either party may Union in writing within ten (10) working days after following the lists have been exchanged request meeting. b) If Employee Services is unable to arrange a meeting at Step 2 within the Minister stipulated timelines, or if there is no mutual agreement between the Employer and the Union to extend the timelines, the matter will be automatically referred to Step 3. 1.9.6 Step 3 a) Failing satisfactory resolution of Labour of Ontario the grievance at Step 2, within seven (7) working days, the Union may refer the grievance to appoint an arbitrator and Employee Services for Step 3. The Union shall provide the other party with a copy names of such requestthe Union’s three (3) representatives. Within seven (7) working days of receiving the Step 3 referral, the Employer shall advise the Union of the names of the three (3) Employer representatives. The six (6) representatives shall form the Committee who will hear the grievance. 11.05 (i) The following special procedure Committee will be comprised of persons who have not been involved in any of the preceding steps of the Grievance Procedure pertaining to the grievance in question. b) The Committee shall be applicable to a grievance alleging improper discharge meet within fourteen (14) working days of its appointment, or suspension of an employee. The grievance such longer period as may be lodged in writing through mutually agreed upon by the Chairperson Committee members. (i) This Committee so appointed shall endeavour to reach a mutually satisfactory settlement. A unanimous decision of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed shall be final and binding on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedboth parties. 11.06 (ii) The term working days when used Committee shall also consider any further resolution in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined hereinresponse to failure to meet timelines. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose A. Any grievance or dispute which may arise between the parties concerning the meaning, application or interpretation of this Article is to establish a Agreement shall be settled in accordance with the procedure for set forth below, which shall govern the settlement handling of all grievancesgrievances arising on or after this date. 11.02 B. A dispute within this Agreement shall be defined to be an alleged violation of a specific provision of this agreement. C. All grievances arising out of the above defined disputes shall be submitted on the prescribed forms and recite the contractual provisions in issue. D. All time limits provided in the grievance steps shall be deemed to be of essence and shall be strictly construed. Waivers of time limitation shall be in writing. Failure to make a timely response to a request for extension of time shall be deemed to be a consent of the request for a time waiver. E. Any grievance or dispute which may arise between the parties concerning the meaning, application or interpretation of this Agreement, shall be settled in accordance with the procedures set forth below: Step 1 Any employee having a grievance as above defined shall first take up the matter up with his/her committee person who will discuss said complaint through the departmental chain of command and a designated Association representative, if the participation of the Association representative is desired by the employee. If not settled, it shall be discussed with the supervisor concerneddesignated representatives of the Association who shall determine whether or not it is meritorious. If not settled in the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company departmental chain as above defined and if determined meritorious by the supervisor. The supervisor Association, it shall give his/her decision in be reduced to writing to and signed by the committee person within two (2) working days employee and the designated representative of the receipt of the grievanceAssociation. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the Any grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance not submitted at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party Step 1 within ten (10) days after management's decision. Within five of its occurrence or notification of the grievant of its occurrence shall be automatically closed. Step 2 The written grievance shall be discussed between the designated representative and the Director of Public Safety or his or her designee, who shall give his or her written decision within ten (510) days working days (excluding Saturdays, Sundays and Holidays) of receipt of the giving written grievance. The lack of a written notice, both parties will exchange lists answer within this time period shall be deemed to be a denial of three (3) proposed arbitrators. the grievance. Step 3 In the event that no name the grievance is common not settled in Step 2, it may, within ten (10) working days after the decision in Step 2, be submitted to both liststhe Director of Human Resources & Operations by the Association. The decision of the Director of Human Resources & Operations shall be given in writing within ten (10) working days (excluding Saturdays, either party may Sundays and Holidays) after receipt of the grievance. The lack of a written answer within this time period shall be deemed to be a denial of the grievance. Step 4 If the Association is not satisfied with the decision in Step 3, the final Step in the resolution of the dispute shall be an impartial arbitrator, selected pursuant to the rules and regulations for voluntary arbitration of the American Arbitration Association. 1. A demand for arbitration must be served by written notice to the City, within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If disposition at Step 3 of intent to submit the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal issue to an impartial arbitrator selected as herein providedarbitration. Following such notice of demand to arbitrate, the parties shall proceed according to the rules and regulations of the American Arbitration Association, in regard to voluntary labor arbitration. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. 11.01 13.01 The purpose of this Article is to establish a procedure for the settlement of all grievances. A grievance is any complaint, dispute, or controversy between an employee or the Union and the Company relating to the interpretation, application, administration or alleged violation of this Agreement and any question as to whether a matter is arbitrable. 11.02 Any 13.02 The grievance procedure shall be as follows: Step 1 An employee having a grievance will first discuss his complaints with his immediate Supervisor or Designate Supervisor, and if not satisfactorily resolved, the employee's complaints relating to the interpretation, application, administration or alleged violation of this Agreement shall first take be reduced to writing by the matter up with his/her committee person who employee and his committeeperson on the form provided for this purpose setting forth the Agreement provisions which it is claimed were violated and the relief requested, and submitted to the employee's immediate Supervisor within three (3) working days after the occurrence of the facts giving rise to the grievance. The employee will discuss said complaint be represented by their committeeperson at any meeting with the supervisor concernedSupervisor. Within three (3) working days after the written grievance is submitted the Supervisor shall deliver their written decision to the committeeperson. Step 2 If the complaint grievance is not satisfactorily resolved within twenty-four (24) hours, in Step 1 then a written notice of appeal on the committee person will then submit form provided shall be delivered by the grievance in writing, on a form to be supplied committeeperson to the Company by Plant Manager or his designate within five (5) working days of delivery of the supervisorSupervisor's written decision. The supervisor shall give his/her decision in writing to the committee person A meeting will take place within two (2) working days of the receipt delivery of the grievance. Should the employee or the union be dissatisfied notice with the supervisor’s decisionemployee, committeeperson, chairperson and the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meetingCompany. The Union National Representative and/or President of the local union Local may be in attendance at this meeting. 11.03 Management's . The Company will render its decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) working days of the giving meeting. The above-mentioned grievance procedure shall apply to "group grievances" and "Union and Company policy grievances". If the grievance is not resolved in Step 2, then the Union may demand arbitration pursuant to paragraph 14.00 of written notice, both parties will exchange lists of this Agreement. 13.03 If any grievance involves more than three (3) proposed arbitratorsemployees, the committeeperson will present the grievance to the Supervisor by completing the form provided for grievances at Step 1 and delivering it to the Supervisor. 13.04 Any time limitation specified in the paragraphs may be extended by mutual agreement of the parties set forth in writing only. In Any complaint or grievance not filed or not appealed to the event that no name is common to both lists, either party may next step within ten (10) days after the lists have been exchanged request time permitted by this Agreement shall be considered settled on the Minister basis of Labour of Ontario to appoint an arbitrator the last decision and shall provide not be subject to further consideration. If the other party with a copy of such requestCompany fails to respond within the time limits, the grievance will advance to the next step. 11.05 13.05 The following special procedure Union shall be applicable have the right to a have the Chairperson and the Committeeperson involved at grievance alleging improper discharge or suspension of an employeehearings. The grievance may hearings will be lodged scheduled, when necessary, every second Thursday at 10:00 a.m. The Union will provide a list of grievances they wish to discuss in writing through the Chairperson of the Committee advance. These meetings shall be in addition to the management within two (2) working days after meetings referred to in the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the companyabove.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose Company and the Union agree that the Grievance Procedure contained herein is adequate to provide a fair and final determination of all grievances arising under the terms of this Article is Agreement; that this procedure shall be used to establish a procedure for the settlement of all adjust any such complaints or grievances; and that both parties shall expedite such settlement. 11.02 Step 1 Any employee having who believes that he/she has a grievance justifiable complaint shall first take within thirty (30) days of the matter up incident discuss the complaint with his/her committee Supervisor, with or without the Grievance Committee-person who will discuss said being present, as the employee may elect, in an attempt to settle same. However, any such employee may instead, if he/she desires, report the matter directly to his/her Committee-person, if he/she believes the request or complaint merits discussion, shall take it up with the supervisor concernedemployee’s Supervisor in a sincere effort to resolve the problem. The Supervisor shall have authority to settle the complaint. The Grievance Committee-person shall have authority to settle, withdraw, or refer the complaint as provided below. The settlement of a complaint in Step 1 shall be without prejudice to the position of either party and will not set a precedent in any other grievance, past, present or future. If the complaint is not satisfactorily resolved within twenty-four (24) hourssettled in Step 1, the committee Grievance Committee-person will then submit the can refer it to Step 2 by completing a written grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two three (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (53) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meetingSupervisor’s oral response. 11.03 Management's decision relating Step 2 In order to the be considered further, a grievance shall be in writing andfiled by the Union with the Human Resources Manager, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of receipt of the giving written grievance, by proper notation on such written grievance. The second step meeting shall include the grievant and three other Union representatives of written notice, both parties the Union’s choice. The Company will exchange lists be represented by the Human Resources Manager or his/her representative and any additional members of three (3) proposed arbitratorssupervision who are required to obtain a full disclosure of the facts. In the event that no name is common to both lists, either Either party may call additional witnesses who are employees of the Company and their attendance shall be limited to the time required for their testimony. Grievances discussed at Step 2 shall be answered by the Human Resources Manager, which shall be given to the Grievance Committee within ten fifteen (1015) days after the lists have been exchanged request date of the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with Step 2 meeting unless a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employeedifferent date is mutually agreed upon. The Human Resources Manager shall have the authority to settle any grievance may be lodged in writing through the before him/her. The Chairperson of the Grievance Committee shall have authority to settle, withdraw, or recommend for appeal to Step 3 of the Grievance Procedure, any grievance before the Grievance Committee. Step 3 In order for a grievance to be considered further, written notice of appeal shall be served to the management Human Resources Manager, within two fifteen (215) working days after receipt of the Step 2 answer, by the representative of the International Union. Discussion of the appealed grievance shall take place at the earliest date of mutual convenience following receipt of the notice of appeal, but not later than thirty (30) days thereafter unless either party shall request in writing, with reasons therefore, that the meeting take place at a later date. Grievances discussed in such meeting shall be answered, in writing, by the Human Resource Manager or his/her designee within fifteen (15) days after the date of such meeting unless by mutual agreement a different date for disposition is agreed upon. Such written answer shall contain a concise summary of each representative’s contractual analysis of the issues presented by the grievance; the Company’s answer, and shall form a part of the written grievance. The Human Resources Manager or his/her designee of the Company shall have authority to settle the grievance. The designated representative of the International Union shall have authority to settle, withdraw, or appeal the grievance to Arbitration. The designated representative of the International Union may by written notice served on the designated representative of the Company within thirty (30) days from receipt of the grievance. If Company’s Step 3 response, appeal the decision is not satisfactory grievance to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedArbitration. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement (Synalloy Corp), Collective Bargaining Agreement (Synalloy Corp)

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 It is the mutual desire of this Article is to establish a procedure for the settlement parties hereto that complaints of all grievancesemployees shall be adjusted as quickly as possible. 11.02 Any 8.02 Complaints or grievances properly arising under this Agreement shall be adjusted and settled as follows: Step No. 1 If an employee having a grievance has any complaints or questions which he wishes to discuss with the Company, he shall first take the matter up with his/her committee person who will discuss said complaint his Department Head, unless the employee feels uncomfortable dealing directly with the supervisor concernedDepartment Head in which case he may discuss the matter with another member of management other than those designated in the grievance procedure and may be accompanied by his shop ▇▇▇▇▇▇▇ if he requests such assistance. No complaint shall be considered where the circumstances giving rise to it occurred or originated more than five (5) full working days. However, where an employee’s complaint is of such a nature that the employee concerned could not have been aware of the alleged occurrence at the actual date of same, the complaint shall be deemed, for all purposes, to have occurred on the first date on which the employee could reasonably have had such awareness. Any settlement reached at this stage of the grievance procedure shall not adversely affect any rights or benefits of any other bargaining unit employee(s) and shall be on a without prejudice basis. If the such complaint is not satisfactorily resolved settled to the satisfaction of the employee concerned within twenty-four (24) hours, or within any longer period which may be mutually agreed at the committee person will time, then submit the following formal steps of the grievance procedure may be invoked in writingorder. Step No. 2 Failing settlement at Step 1 or failing receipt of a response within the time limits prescribed therein, on any employee having a form grievance or any one employee who is designated as a member of a group of employees having a grievance shall then take the grievance up with the Local Union. The Local Union shall reduce the grievance to be supplied writing and present same to the Company by the supervisor. The supervisor shall give Director of Human Resources Services or his/her decision in writing to designate within five (5) days after receiving the committee person within two (2) working days of the receipt of the grievance. Should the employee reply at Step 1 or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meetingdate on which the reply at Step 1 should have been received. The Union National Representative and/or President grievance shall contain the names of all the local union may be in attendance at this meeting. 11.03 Management's decision relating employees who have the same grievance. The Director of Human Resources Services or his designate shall deal with the grievance and provide his answer to the grievance shall be Local Union Office in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after he received the holding of grievance. If the conference. 11.04 If management's decision matter is not satisfactory to settled at Step 2 or failing receipt of a response within the employee time limits prescribed therein the Local Union representative shall take up the grievance with the Hotel’s General Manager or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party his designated representative within ten (10) days after management's decision. Within five (5) days after the Local Union receives the answer from Step 2 or the date the answer from Step 2 was due to be received. If the grievance is not settled within a further period of forty-eight (48) hours after it has been presented to the giving General Manager or his designated representative, then at the request of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party to this Agreement, the grievance may be referred to arbitration, but the referral to arbitration must be made in writing within ten (10) days after the lists have been exchanged request the Minister period of Labour of Ontario forty-eight hours referred to appoint an arbitrator and shall provide the other party with a copy of such requestabove has expired. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged 8.03 All time limits contained herein and in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, Article 9 and Article 11 shall exclude Saturdays, Sundays, holidays Sundays and vacations as defined hereindeclared holidays. The parties are agreed that the time limits outlined herein may be extended by mutual agreement in writing. 11.07 The grievance procedure outlined in this Agreement shall apply equally to 8.04 If a grievance lodged by a group is not processed within the time limits set forth above, it shall automatically proceed to the next step of employees, or to a Union policy grievance. All the grievance forms and appeal forms shall be supplied by the companyprocedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose Section 4.1 For the purposes of this Article Agreement, the term "grievance" means any complaints or disputes arising during the term of the agreement between the Company and the Union or between the Company and an employee concerning the interpretation of applications of this Agreement or any claim of breach or violation of this Agreement or concerning any disciplinary action taken against an employee. Nothing in this Agreement shall be construed as restricting the right of an individual employee to adjust any grievance within the Company, provided such adjustment is not inconsistent with the terms of this Agreement and provided a representative of the Union has been given the opportunity to establish a procedure for be present at such adjustment. It is encouraged that the settlement of all grievances. 11.02 Any employee having a grievance shall first take the matter up with and his/her committee person who will ▇▇▇▇▇▇▇ discuss said complaint the issue with the employee's supervisor concernedin the spirit of trying to resolve the issue before resorting to the grievance procedure. If an employee places a grievance in the complaint is not satisfactorily resolved within twenty-four (24) hourshands of the Union and a Union representative has informed the Company that the Union will represent such employee in handling such grievance, the committee person Company will then submit not endeavor to adjust such grievance with such employee without consent of the Union. The time limitations for the grievance procedure provided for herein may be extended by mutual agreement of the Company and the Union. Such grievance shall be processed in writingthe following manner: Step 1. The aggrieved employee, through their Union Representative, shall present the grievance, in writing (on a form to be supplied mutually agreed upon and furnished by the Company) to the Company employee's immediate supervisor with proper distribution according to the distribution list indicated on the form. The statement of grievance shall set forth the facts involved, the approximate time of their occurrence and/or when the employee first had knowledge of the occurrence, the relief requested and shall be signed and dated by the supervisoremployee and/or their Union Representative. The supervisor Grievances shall give his/her decision in writing be presented to the committee person employee's immediate supervisor within two eight (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) 8) working days after the holding employee has knowledge of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employeeevent. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, immediate supervisor shall then hold a meeting on the matter may then proceed on with the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.Representative within five

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 25.01 Parties to this agreement believe that it is important to adjust complaints and grievances, as quickly as possible. Notwithstanding any provision contained in this article, any nurse and/or the Association may present a complaint of general application within fifteen (15) days from date of occurrence, without recourse of the formal written procedures herein described. 25.02 A nurse may lodge a complaint or grievance, if she feels that the Employer has acted contrary to this agreement, in regards to its interpretation, application, administration, or alleged violation or if she has been unfairly disciplined or discriminated against. 25.03 In all steps of this Article is to establish a procedure for the settlement of all grievancesgrievance and complaint procedure, an aggrieved nurse, if desired, may be accompanied or represented by her committee member or nurse representative. 11.02 Any employee having 25.04 The following procedures shall apply for handling complaints and grievances: Prior to advancing a grievance grievance, the nurse shall first take attempt verbally to settle the matter up issue with his/her committee person who will discuss said the Director of Care and should the issue not be resolved, the nurse may proceed in the following manner. Step 1 A nurse shall lodge a written complaint with the supervisor concerned. If Director of Care not later than seven (7) working days following the complaint is not satisfactorily resolved within twenty-four (24) hours, occurrence of the committee person will then submit the grievance in writing, on a form to be supplied event giving rise to the Company by the supervisorcomplaint. The supervisor Director of Care shall give his/her decision in writing to the committee person written reply within two five working (25) working days of the receipt of the grievance. Should written complaint and, if the employee or decision is unsatisfactory to the union be dissatisfied with the supervisor’s decisioncomplainant, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union Step 2 may be in attendance at this meetingfollowed within a further seven (7) working days. 11.03 Management's decision relating to Step 2 Failing a satisfactory settlement under Step 1, the grievance shall be in writing andreduced to writing, if not rendered during the conferencedated and signed, and shall be rendered presented to the Chairperson Administrator of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decisionRideaucrest Home For The Aged. Within five (5) working days after a grievance has been referred to her/him, the Administrator or her/his designated representative will meet with the Chair of the giving of written notice, both parties will exchange lists of three (3) proposed arbitratorsGrievance Committee to discuss the grievance. In the event that no name is common to both lists, either Either party may have representatives or consultants attend this meeting. A written reply to the grievance will be given within five (5) working days after this meeting is held. If such reply is not satisfactory to the nurse, the grievance may be referred to the Director of Human Resources at Step 3. Failing a satisfactory settlement under Step 2, the grievance shall be presented to the Director of Human Resources. Within ten (10) working days after a grievance has been referred to her/him, the Director or her/his designated representative will meet with the Association Committee to discuss the grievance. Either party may have representatives or consultants attend this meeting. A written reply to the grievance will be given within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievancethis meeting is held. If the decision such reply is not satisfactory to the employee or the unionnurse, the matter grievance may then proceed on the giving of the prescribed notice of appeal be referred to an impartial arbitrator selected as herein providedArbitration Board, or, upon mutual agreement, a single arbitrator. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. 8.02 An employee who is to be disciplined, suspended, discharged or where a serious allegation has been raised, has the right to request to have a Union representative present. The purpose Employer shall notify the employee of this right at the time of the booking of the meeting in cases of discipline, suspension or discharge. If the employee is to be disciplined, suspended or discharged, a copy of the letter shall be forwarded to the Union. The Employer agrees to provide written reasons within seven (7) calendar days to the affected employee and the Union in the case of a discharge or suspension. 8.03 It is the intent of the parties that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until she or he has first given her or his immediate supervisor the opportunity of adjusting the complaint. Such complaint shall be discussed with her or his immediate supervisor within seven (7) calendar days after the circumstances giving rise to it have occurred. This discussion may include consultation, advice and assistance from others. If there is no settlement within seven (7) calendar days, it may then be taken up as a grievance within seven (7) calendar days in the following manner and sequence: The employee may submit a written grievance, through the Union, signed by the employee, to their Manager or designate. The grievance shall be on a form referred to in Article 8.09 and shall identify the nature of the grievance, the remedy sought and the provisions of the Agreement which are alleged to be violated. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The Manager or designate will deliver her or his decision in writing within seven (7) calendar days following the day on which the grievance was presented to her or him. Failing settlement, then: Within seven (7) calendar days following the decision under Step No. 1, the grievance may be submitted, in writing, to the Executive Director or designate. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. If the parties meet, also present may be the grievor, and such counsel and assistance as either party may require. The decision of the Employer shall be delivered, in writing, to the Union within seven (7) calendar days following the date of such meeting or of the submission of the grievance if there is no meeting. 8.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance by the Employer shall be filed with the Bargaining Unit President or designate. 8.05 Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance, in writing, signed by each employee who is grieving to the Executive Director or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred. The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article is shall then apply with respect to establish a procedure for the settlement processing of all grievancessuch grievance. 11.02 Any 8.06 The Employer will only discipline or discharge a non-probationary employee having for just cause. The Employer may discipline or discharge a probationary employee at its discretion and this action will not be subject to grievance shall first take or arbitration. Despite this, the discipline or discharge may be challenged if it was arbitrary, discriminatory or in bad faith or was as a result of the employee exercising a right under this Agreement. (a) Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter up with his/her committee person who will discuss said complaint with the supervisor concernedis arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the no written request for such meetingarbitration is received within fourteen (14) calendar days after the decision under Step No. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to 2 is given, the grievance shall be in writing and, if not rendered during the conference, shall be rendered deemed to the Chairperson of the Committee have been abandoned. Where such a written request is postmarked within two twelve (212) working calendar days after the holding decision under Step No. 2, it will be deemed to have been received within the time limits. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the conferencemediator. 11.04 If management's decision 8.08 It is understood and agreed that the Union has carriage of all grievances throughout the grievance and arbitration procedure and not satisfactory any individual or group of individuals. All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer and the Union and the employees. 8.09 Grievances shall be on the form set out in Appendix “B” as attached. 8.10 Where a difference arises between the parties relating to the employee interpretation, application or the unionadministration of this Agreement, it may be referred including any questions as to whether a matter is arbitrable, or where an arbitratorallegation is made that this Agreement has been violated, provided written notice either of the party's intention to refer parties may, after exhausting the dispute to an arbitrator is given to grievance procedure established by this Agreement, notify the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through of its decision to submit the Chairperson of the Committee difference or allegation to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedarbitration. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 12.01 It is the mutual desire of the parties hereto that complaints of the employees shall be adjudged as quickly as possible without stoppage of work, and it is understood that an employee may, subject to an investigative hearing that may result in disciplinary measures taken against the employee, the employee at their option, may be accompanied and represented by a member of Union, without recourse to the grievance procedure herein. 12.02 A grievance shall be defined as a complaint regarding the meaning, interpretation, application or alleged violation of this Agreement, or, subject to Article is to establish 6.06, in the case of an employee who has successfully completed the probationary period under this Agreement, a procedure for the settlement of all grievancescomplaint that they have been unjustly laid off or has not been recalled from layoff or has been discharged without cause. 11.02 Any 12.03 It is understood that prior to filing a written grievance, the employee having shall give their supervisor an opportunity to resolve any complaints or disputes. In order to be considered a grievance shall first grievance, such discussion must take place within fourteen (14) calendar days after the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If circumstances giving rise to the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied first occur or originate. The supervisor shall communicate their reply to the Company complaint within fourteen (14) calendar days from the date the complaint/grievance was presented to them with a copy of the claim. An entry to the employee’s file shall be made and contain the date, time and name of supervisor who was contacted by the employee, and nature of the complaint including the reply given by the supervisor. The supervisor shall give his/her decision in writing If such complaint is not settled to the committee person within two (2) working days satisfaction of the receipt employee concerned, the complainant may file a grievance in the following manner and sequence: Step 1: Within fourteen (14) calendar days following the decision of the immediate supervisor, the employee with the assistance of their representative, if they desire, may present a signed and dated written statement of such grievance to the Operations Manager, Maintenance Manager or designate. The nature of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting Article(s) of the plant committee Agreement that has been allegedly misapplied or misinterpreted and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance relief or remedy sought shall be clearly set out in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the The Operations Manager, Maintenance Manager or designate shall deliver their decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.within fourteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose Section 1: Any dispute concerning the interpretation or application of an expressed provision of this Article is Agreement or a Rule and Regulation shall be subject to establish a procedure for the settlement of all grievancesthis, and exclusive to this, grievance procedure. 11.02 Any employee having STEP 1: The UNION Grievance Committee, upon receiving a written and signed request, shall determine if a grievance shall first take exists. If, in their opinion, no grievance exists, the matter up with his/her committee person who will discuss said complaint be deemed settled. In the event the UNION chooses not to pursue a grievance involving demotion or termination, the employee filing a grievance may pursue the matter, without the assistance of the UNION, in accordance with the supervisor concernedremainder of this Article. If All costs incurred by the complaint is employee, including but not satisfactorily resolved limited to those outlined in Section 7 of this Article, will be the responsibility of the employee. Should a terminated employee choose to arbitrate their dispute, both the CITYof ▇▇▇▇▇▇▇▇▇ and the employee will be required to place five thousand dollars ($5,000) into an escrow account to ensure the payment of the arbitrator as detailed in Section 7 of this Article. Should the grieving individual fail to comply with this requirement within twenty-four one (2421) hourscalendar days of notification of the escrow account details, they will forfeit their ability to arbitrate the issue and the matter will be considered withdrawn and resolved. STEP 2: If a grievance exists, the committee person Grievance Committee Chairman shall, with or without the physical presence of the aggrieved employee, within thirty (30) calendar days from the date of the occurrence, present a signed written grievance to the department head or their designee for adjustment. The grievance will then submit contain the specific provisions of the contract alleged to be violated. STEP 3: If, within thirty (30) calendar days after submission to the Fire Chief or their designee, the grievance in writinghas not been settled, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union UNION may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request submit it for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating adjustment to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employeesCity Manager, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.designee, within an additional seven

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

GRIEVANCE PROCEDURE. 11.01 1. A grievance shall mean a written complaint by a member of the bargaining unit that there has been an alleged violation, misinterpretation, or misapplication of working conditions, fringe benefits, or wages, specified in this Agreement. 2. The purpose of for this Article procedure is to establish a procedure for secure, at the settlement of all grievanceslowest possible administrative level, equitable solutions to grievances which may arise. 11.02 3. All grievance proceedings, but not necessarily the grievance itself, shall be kept confidential, and the proceedings shall be informal, as is mutually agreeable. Records shall be kept by all parties to the grievance. The number of days indicated in each step listed below shall be considered the maximum allowable to all parties, and every effort shall be made to expedite the proceedings. Time restrictions herein may be extended by mutual agreement. The employee(s) and the employer agree to follow the procedures outlined in the following steps: Step 1. Any employee having a grievance claim shall first take be presented orally to the matter up most immediate supervisor (▇▇▇▇▇▇▇ or principal, whichever is applicable), within five (5) working days of event, or five (5) working days of employee’s knowledge of event. The Supervisor of Custodians will respond to the oral grievance within five (5) working days from notice of the oral grievance. Step 2. Failing to reach a satisfactory agreement, the employee shall discuss the grievance with the Chief ▇▇▇▇▇▇▇ or his/her committee person who will discuss said complaint with the supervisor concerneddesignated representative. The Chief ▇▇▇▇▇▇▇ may designate an assistant ▇▇▇▇▇▇▇ for each shift to handle grievances in his/her absence. If the complaint is not satisfactorily resolved within twenty-four (24) hoursChief ▇▇▇▇▇▇▇ has a grievance, the committee person will Business Agent may represent him/her. Step 3. If a satisfactory resolution of the claim cannot be reached orally through the Chief ▇▇▇▇▇▇▇, then submit the a formal written grievance in writing, on a form to shall be supplied to the Company presented by the supervisor. The supervisor shall give Chief ▇▇▇▇▇▇▇ or his/her decision in writing designate to the committee person Director of Buildings and Grounds within two ten (210) working days of the oral discussion. The formal grievance and the administrator's reply shall be in writing in duplicate (2) on the forms provided. In stating his/her grievance the employee must specify the Article and Section of this Agreement which was allegedly violated, and give pertinent evidence in support of his/her grievance. Step 4. All copies of the grievance must be signed by the employee. The Director of Buildings and Grounds shall certify with his/her signature the date and hour of receipt of the grievance. Should This certification shall be witnessed by the Chief ▇▇▇▇▇▇▇, or his/her designate. Step 5. The Director of Buildings and Grounds shall within five (5) working days of receipt of grievance present his/her reply to the Chief ▇▇▇▇▇▇▇ or his/her designate. The Chief ▇▇▇▇▇▇▇ shall certify with his/her signature the date and hour of receipt of the reply. This certification shall be witnessed by the Director of Buildings and Grounds. Step 6. The grievance shall be regarded as settled and closed five (5) working days after receipt of the reply from the Director of Buildings and Grounds, providing the employee or has not signed and presented to the union be dissatisfied Director of Human Resources the form for appeal. 4. If the employee wishes to appeal the reply of the Director of Buildings and Grounds, he/she shall within five (5) working days request a meeting with the supervisor’s decision, the Union may refer the grievance to Director of Human Resources. The Director of Human Resources or his/her representative will then schedule a meeting with the claimant, Chief ▇▇▇▇▇▇▇, and/or Business Agent, and/or Union President, and other District representatives so designated by the Director of Human Resources at a time convenient to all parties. The decision of the plant committee and representatives Director of management, who Human Resources shall meet be sent to the Chief ▇▇▇▇▇▇▇ within five (5) days of following the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's 5. If the union wishes to appeal the decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee Director of Human Resources, he/she must request within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) working days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice Director of appeal Human Resources that the grievance be referred through the Superintendent of Schools to an impartial arbitrator selected as herein providedbinding arbitration. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 7.01 The purpose of this Article is to establish a procedure for the settlement of all grievances. A grievance is defined as any difference arising out of the interpretation, application, administration or alleged violation of this Agreement. 11.02 Any 7.02 It is the mutual desire of the parties that complaints of employees be adjusted as quickly as possible. It is understood that an employee having a has no grievance shall until he has first take given his immediate supervisor an opportunity to adjust his complaint within five (5) working days of the matter up with his/her committee person who will discuss said time when the incident giving rise to the complaint with became known or ought reasonably to have become known to the supervisor concerned. grievor. 7.03 Step One If the complaint is not satisfactorily resolved within twenty-four two (242) hoursworking days, the committee person will then submit the grievance in writing, on a form to be supplied writing to the Company by the supervisorSupervisor/Manager. The supervisor Union Chairperson and/or ▇▇▇▇▇▇▇ and/or the grievor and the appropriate Company Representative shall meet to discuss the grievance and the designated Company Representative shall give his/her decision in writing to the committee person Union Chairperson within two five (25) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision. 7.04 Step Two Failing settlement at Step One, the Union may within five (5) working days refer the grievance to a meeting of the plant local members of the grievance committee and representatives of management, who shall meet within five (5) working days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 . Management's ’s decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two five (25) working days after the holding of the conference. Either may waive the meeting at this step and proceed to Step Three. If at any time during the first two steps of the Grievance Procedure, an agreeable solution is reached, written confirmation of the resolution will be signed by the Union Committee member, the grievor and the Company. 11.04 7.05 Step Three If management's the decision at Step 2 of the grievance procedure is not satisfactory to the employee or other party, the union, it grievance may be referred to an arbitrator, arbitration under Article 8 provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) working days after management's following the decision. 7.06 The Union or the Employer may initiate a policy grievance beginning at Step Two of the grievance procedure. Within Such grievance shall be filed within seven (7) working days of the incident giving rise to the complaint and shall be in the form prescribed in Step One. Any such grievance may be referred to arbitration under Article 8 by either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance. The provisions of this paragraph 7.03 shall not be used by the Union to institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the provisions of Article 7 hereof shall not be by-passed. 7.07 No matter may be submitted to arbitration which has not been properly carried out through the grievance procedure within the time specified, providing that the parties may extend the time limits in the grievance procedure by mutual agreement in writing. Where a response is not given by a party within the specific time limits in the grievance procedure, the other party may submit the grievance to the next step of the grievance procedure. 7.08 Settlement in any step of the grievance procedure shall be final and binding upon both parties to this Agreement and upon any employee affected by it. The mandatory provisions of this Article 7 shall not be considered to have been waived by the parties or either of them unless they expressly provide a waiver thereof in writing. 7.09 The discipline, discharge, or lay-off of a probationary employee shall not be the subject of a grievance and/or arbitration pursuant to the provisions of this Agreement unless the probationary employee is discharged or released for reasons which are discriminatory under the Canadian Human Rights Act. The Employer may waive the provisions of this Article without prejudice to its position regarding the implementation or application of this Article. 7.10 The time limits of the grievance procedure are mandatory and any extension of the time limits under the grievance procedure or for referring a grievance to arbitration must be made by mutual written agreement between the parties. In the event the grievor fails to appeal a grievance on a timely basis as provided herein, the grievance shall be considered null, void and at an end. 7.11 Grievances alleging improper suspension or discharge may be presented at the Second Step within five (5) working days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestsuspension or discharge. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 7.12 The grievance procedure outlined in this Agreement shall apply equally with any necessary modifications to a grievance lodged by group grievance, a group of employees, Company or to a Union policy grievance. All , any of which may be presented at the Second Step of the grievance forms and appeal forms shall be supplied by the companyprocedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose It is mutually agreed that all grievance disputes or complaints arising under and during the terms of this Article is to establish a Agreement shall be settled in accordance with the procedure for the herein provided and that there shall at no time be any strike, tie-ups of equipment, slow down, walk-outs or any other cessation of work or lockouts. There shall be no legal proceeding of any kind before all means of settlement of all grievances. 11.02 Any provided herein are exhausted. An employee having with a grievance shall first take the matter up with report same to his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving alleged infraction. No action shall be required of written notice, both parties will exchange lists of three (3) proposed arbitratorsthe employer concerning any grievance not reported within the time limit and any further proceeding shall be barred. Every effort shall be made to adjust controversies and disagreements in an amicable manner between the Employer and the Union. In the event that no name is common to both lists, any grievance cannot be settled in this manner the question may be submitted by either party to settle such promptly with the following steps: Grievances which do not involve the interpretation, meaning, or application of any of the provisions of the Agreement may within ten (10) days after be processed through Step Two, but shall not be arbitrable. Either party but not an employee may demand arbitration. The demand for arbitration shall be submitted to the lists have been exchanged request the Minister of Labour of Ontario to appoint American Arbitration Association. The parties shall select an arbitrator in accordance with the rules and procedures of the American Arbitration Association which shall likewise govern the arbitration hearing. The decision of the arbitrator shall be rendered without undue delay and shall provide be final and binding on both parties. The Arbitrator shall not have jurisdiction to subtract from or modify any of the other party terms of this Agreement or any written amendments hereof, or to specify the terms of a new Agreement. He/she shall have no power to decide any question which, under this Agreement, is within the responsibility of management to decide. In rendering a decision the arbitrator shall give due regard to the responsibility of management and shall so construe the agreement that there will be no interference with a copy such responsibilities, except as they may be specifically conditioned by this Agreement. The arbitrator shall have no power to rule upon the content of such request. 11.05 The following special procedure an employee evaluation. All claims for back wages shall be applicable limited to a grievance alleging improper discharge the amount of wages that the employee would otherwise have earned or suspension could have reasonably earned less any compensation that he/she may have received from any source during the period of an employeeback pay including any unemployment compensation. The grievance may be lodged in writing through the Chairperson cost of the Committee to Arbitrator’s fee shall be shared equally between the management within two (2) working days after Union and the receipt Board of the grievanceEducation. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when “days” as used in this Agreement for grievance procedure, Article shall exclude Saturdays, Sundays, mean calendar days throughout the year including summer recess except that holidays and vacations as defined herein. 11.07 days during other school recesses will not be counted. The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms time limits set forth herein shall be supplied strictly adhered to but may be extended by mutual agreement of the companyparties, confirmed in writing.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 It is the mutual desire of this Article is to establish a procedure for the settlement parties hereto that complaints of all grievancesemployees shall be adjusted as quickly as possible. 11.02 Any 8.02 Complaints or grievances properly arising under this Agreement shall be adjusted and settled as follows: Step No. 1 If an employee having a grievance has any complaints or questions which he wishes to discuss with the Company, he shall first take the matter up with his/her committee person who will discuss said complaint his Department Head, unless the employee feels uncomfortable dealing directly with the supervisor concernedDepartment Head in which case he may discuss the matter with another member of management other than those designated in the grievance procedure and may be accompanied by his shop ▇▇▇▇▇▇▇ if he requests such assistance. No complaint shall be considered where the circumstances giving rise to it occurred or originated more than five (5) full working days before taking it up with his Department Head, unless the employee feels uncomfortable dealing directly with the other than Department Head in which case he may discuss the matter with member of management those designated in the grievance procedure. However, where an employee’s complaint is of such a nature that the employee concerned could not have been aware of the alleged occurrence at the actual date of same, the complaint shall be deemed, for all purposes, to have occurred on the first date on which the employee could reasonably have had such awareness. Any settlement reached at this stage of the grievance procedure shall not adversely affect any rights or benefits of any other bargaining unit employee(s) and shall be on a without prejudice basis. If the such complaint is not satisfactorily resolved settled to the satisfaction of the employee concerned within twenty-four (24) hours, or within any longer period which may be mutually agreed at the committee person will time, then submit the following formal steps of the grievance procedure may be invoked in writingorder. Step No. 2 Failing settlement at Step 1 or failing receipt of a response within the time limits prescribed therein, on any employee having a form grievance or any one employee who is designated as a member of a group of employees having a grievance shall then take the grievance up with the Local Union. The Local Union shall reduce the grievance to be supplied writing and present same to the Company by the supervisor. The supervisor shall give Director of Human Resources Services or his/her decision in writing to designate within five (5) days after receiving the committee person within two (2) working days of the receipt of the grievance. Should the employee reply at Step 1 or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meetingdate on which the reply at Step 1 should have been received. The Union National Representative and/or President grievance shall contain the names of all the local union may be in attendance at this meeting. 11.03 Management's decision relating employees who have the same grievance. The Director of Human Resources Services or his/her designate shall deal with the grievance and provide his answer to the grievance shall be Local Union Office in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after he received the holding of grievance. If the conference. 11.04 If management's decision matter is not satisfactory to settled at Step 2 or failing receipt of a response within the employee time limits prescribed therein the Local Union representative shall take up the grievance with the Hotel’s General Manager or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party his designated representative within ten (10) days after management's decision. Within five (5) days after the Local Union receives the answer from Step 2 or the date the answer from Step 2 was due to be received. If the grievance is not settled within a further period of forty-eight (48) hours after it has been presented to the giving General Manager or his designated representative, then at the request of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party to this Agreement, the grievance may be referred to arbitration, but the referral to arbitration must be made in writing within ten (10) days after the lists have been exchanged request the Minister period of Labour of Ontario forty-eight hours referred to appoint an arbitrator and shall provide the other party with a copy of such requestabove has expired. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged 8.03 All time limits contained herein and in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, Article 9 and Article 11 shall exclude Saturdays, Sundays, holidays Sundays and vacations as defined hereindeclared holidays. The parties are agreed that the time limits outlined herein may be extended by mutual agreement in writing. 11.07 The grievance procedure outlined in this Agreement shall apply equally to 8.04 If a grievance lodged by a group is not processed within the time limits set forth above, it shall automatically proceed to the next step of employees, or to a Union policy grievance. All the grievance forms and appeal forms shall be supplied by the companyprocedure.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 Should a dispute arise between the Company and an employee or the Union as an entity regarding the interpretation, application, operation or any alleged violation of this Article Agreement, including any question as to whether any matter is to establish a procedure for arbitrable, it shall be resolved in the settlement of all grievances.following procedural manner: 11.02 Any (1) The employee having a grievance or the Union, together with such person or persons as he or the Union may wish, shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concernedservice manager within seven (7) working days. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two STEP (2) working days Should a solution not be reached by Step (1) then a Business Representative of the receipt of Union, accompanied by the grievance. Should employee if the employee or Business Representative so wish, shall discuss the union be dissatisfied matter with the supervisor’s decisionGeneral Manager or his designate. If a solution is reached, this shall be final. 8.02 If the Union may refer the grievance to procedure set forth in STEP (1) and STEP (2) above do not result in a meeting of the plant committee and representatives of management, who shall meet solution being reached within five seven (57) days of the request for such meeting. The Union National first discussion between a Business Representative and/or President of the local union may be Union and a representative of the Company, or within such further period as the Company and the Union agree to in attendance at this meeting. 11.03 Management's decision relating to writing, the grievance dispute shall be in writing andreferred to Arbitration as follows: 8.03 Where either of the parties elect to proceed to arbitration they shall so notify the other and a single arbitrator, if not rendered during the conferenceof mutual agreement, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 agreed upon. If management's decision a single arbitrator is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten agreed upon with seven (107) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged shall request the Minister of Labour of Ontario the Province of British Columbia to appoint an a qualified arbitrator. The arbitrator shall have the power to order, if he deems proper that any employee who has been wrongfully suspended, discharged or in any way disciplined, shall be reinstated and shall provide the other party with a copy of such requestunder what conditions. 11.05 8.04 The following special procedure decision of the arbitrator with respect of all matters referred to him shall be applicable to a grievance alleging improper discharge or suspension final and binding on the parties. 8.05 Each party shall pay its own costs and fees and the expenses of its representatives and witnesses. The fees and expenses of the Arbitrator shall be shared equally between the parties. 8.06 In the event of an employee. Arbitrator being appointed, it is agreed by both the Union and the Company, that the Arbitrator shall be requested to hand down his decision within ten (10) days, or as soon thereafter as may conveniently be arranged. 8.07 The grievance Company and the Union may be lodged mutually agree in writing through the Chairperson to waive any of the Committee to time limits set out in this Article. 8.08 All time limits contained herein shall be considered working days exclusive of Saturdays, Sundays and General Holidays. 8.09 If the management within two Company or the Union has a policy grievance it shall begin at STEP (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedGrievance Procedure. 11.06 The term working days when used 8.10 Any discharged or suspended employee may, within seventy-two (72) hours of his suspension or discharge, (exclusive of Saturdays, Sundays and General Holidays) in this Agreement writing, require the Company to give him the reasons for grievance procedurehis suspension or discharge and the Company shall give such reasons to him, in writing, within seventy-two (72) hours of such request and in the event of any dispute or difference as to whether or not there was proper cause for the suspension or discharge of such an employee, only the reasons so set forth in writing, shall exclude Saturdays, Sundays, holidays and vacations as defined hereinconstitute cause. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 11:01 Should a dispute arise between the Employer and the employee regarding the interpretation, application or alleged violation of this Article Agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort should be made to establish a procedure for settle the settlement of all grievances.dispute in the following manner: 11.02 Any STEP 1: An employee having a grievance complaint shall first take within 7 calendar days of the matter up event giving rise to the complaint, discuss such complaint with their immediate supervisor. The employee may have the accompaniment of a ▇▇▇▇▇▇▇ during this process. Failing a satisfactory resolution, the employee shall follow Step 2. STEP 2: The employee concerned together with his/her committee person who will discuss said complaint ▇▇▇▇▇▇▇ or member of the Grievance Committee shall, within five (5) calendar days following such discussion with his/her supervisor, submit the supervisor concernedsigned grievance in writing to his/her immediate Manager or Department Head, stating the nature of the grievance, the remedy sought and specify the alleged violation(s) of the Collective Agreement. The Manager or Department Head shall thereupon render a decision in writing within five (5) calendar days following receipt of the grievance. STEP 3: If the complaint decision under Step 2 is not satisfactorily resolved unacceptable to the grievor, he/she may, within twenty-four five (245) hourscalendar days following receipt of such decision, together with his/her ▇▇▇▇▇▇▇ or a member of the committee person will then Grievance Committee, submit the grievance in writing, on a form to be supplied to the Company by Director of the supervisorarea. The supervisor Director shall give his/her render a decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet thereon within five (5) calendar days following receipt of the Grievance. STEP 4: If the decision rendered under Step 3 is unacceptable to the grievor, he/she may, within five (5) calendar days following receipt of the said decision, submit the grievance in writing to the Employee Relations Manager of the Employer. The Employee Relations Manager shall render a decision in writing within five (5) calendar days of receiving the request for such meeting. The Union National Representative and/or President of same, except that the local union Employee Relations Manager shall call a meeting with the Grievance Committee hereinbefore referred to, at which time the grievor may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitratorshe/she so desires. In the event that no name is common to both lists, either party may the Employee Relations Manager shall call such a meeting such meeting will be held within ten fourteen (1014) calendar days after from the lists have been exchanged request date upon which the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee was submitted to the management within two (2) working days after Employee Relations Manager. Further, in the receipt of the grievance. If the decision event such meeting is not satisfactory to the employee or the unioncalled, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, Employee Relations Manager shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.within five

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose I.1 Should a dispute arise between the Employer and an Employee, or the Union, regarding the interpretation, meaning, operation, or application of this Article Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort shall be made to establish a procedure for settle the settlement of all grievancesdispute in the manner as described in this Article. 11.02 Any employee having I.2 It is the mutual desire of the parties that the complaints of Employees shall be resolved as quickly as possible. It is understood that an Employee has no grievance until he/she has first given his/her appropriate Supervisor the opportunity of resolving his/her complaint. The Employee may request the assistance of a grievance Union representative. If an Employee has a complaint he/she shall first take the matter up discuss it with his/her committee person who will discuss said complaint with appropriate Supervisor within twenty (20) working days after the supervisor concerned. If day on which the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied circumstances giving rise to the Company by complainant occurred or ought to have reasonably come to the supervisorattention of the Employee. The supervisor Supervisor shall give his/her decision in writing response to this complaint within seven (7) working days following this discussion. I.3 In the event that the Supervisor is the Manager of the function/location, the grievance may proceed to Step 2 with the agreement of the parties. I.4 If the reply of the Supervisor is not satisfactory to the committee person Employee concerned, then it may be taken up as a grievance within two seven (27) working days of the response of the Supervisor and referred to the Manager of the appropriate function/location or designate. The grievance shall be in writing and shall include the circumstances giving rise to the grievance, the remedy sought, and should include the provisions of the Agreement generally to be relied upon, and shall be dated and signed by the Employee and/or Union representative. The Manager of the appropriate function/location or designate, will hold a meeting with the grievor and up to two (2) Union representatives within ten (10) working days of receipt of the grievance. Should The Manager of the employee appropriate function/location or designate may request the union be dissatisfied with attendance at the supervisor’s decisionmeeting of any other person(s). The Manager of the appropriate function/location or designate shall give his/her response to the Union in writing within ten (10) working days following the meeting. I.5 Failing satisfactory resolution of the grievance at Step 1, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet appropriate designated management representative within five seven (57) working days of the request for such meetingwritten response of the Manager of the appropriate function/location or designate. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating appropriate designated management representative or designate, will hold a meeting with up to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party Union representatives within ten (10) days after management's decision. Within five (5) working days of receipt of the giving grievance. The grievor may attend such meeting. The appropriate designated management representative or designate may request the attendance at the meeting of written notice, both parties will exchange lists of three (3) proposed arbitratorsany other person(s). In The appropriate designated management representative or designate shall give his/her response to the event that no name is common to both lists, either party may Union in writing within ten (10) working days after following the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employeemeeting. The grievance may be lodged in writing through Employer shall notify the Chairperson Union of the Committee to the appropriate designated management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedrepresentative. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The ‌ a) For the purpose of this Article Article, the immediate supervisor shall be the Non-Union Supervisory Staff below Department Director, if any. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he/she has given his/her immediate supervisor an opportunity to establish adjust his/her complaint. If an employee has a procedure for complaint, he/she and his/her ▇▇▇▇▇▇▇, or if that ▇▇▇▇▇▇▇ is absent, the settlement chief ▇▇▇▇▇▇▇, or if the chief ▇▇▇▇▇▇▇ is absent, another member of all grievances. 11.02 Any employee having a the grievance committee, shall first discuss it with his/her immediate supervisor within five (5) working days after the circumstances giving rise to the complaint become known to the employee. The immediate supervisor's decision shall be given, within five (5) working days following such discussion. Failing settlement, and if the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned together with the Grievance Committee may then take the matter up with as a grievance in the following manner and sequence: Step 1 For the purpose of this Article, the immediate supervisor includes the Supervisor and the Department Director is the person in charge of that Department. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he/she is given his/her committee person who will immediate supervisor an opportunity to adjust his/her complaint. If an employee has a complaint, he/she and his/her Union representative shall discuss said the complaint with the supervisor within five (5) working days after the circumstances giving rise to the complaint becoming known to the employee. The immediate supervisor’s decision shall be given within five (5) working days following such discussion. Failing settlement, and if the Grievance Committee of the Union considers the grievance to be justified, the employee(s) concerned. , together with the Grievance Committee, may then take the matter up at Step 2. Step 2 If the complaint dispute is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied settled to the Company by satisfaction of the supervisor. The supervisor shall give his/her decision in writing to employee or the committee person Grievance Committee within two seven (27) working days of the meeting with the employee’s supervisor, the grievance shall be submitted in writing within seven (7) working days from the time of the said meeting with the employee’s supervisor to the Director of Human Resources, who shall convene a meeting with the employee, the Grievance Committee, the Supervisor, the Department Director and the Director of Human Resources within five (5) working days of receipt of the grievance. Should A National Representative of the employee Union shall be present at the request of either the Corporation or the union Union. The decision of the Director of Human Resources shall be dissatisfied with given within four (4) working days following such meeting. Failing settlement, and if the supervisor’s decision, Grievance Committee of the Union may refer considers the grievance to be justified, the employee(s) concerned together with the Grievance Committee may then take the matter up at Step 3. Failing settlement under Step 2 of any difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a meeting of the plant committee matter is arbitrable, such difference may be taken to arbitration, and representatives of management, who shall meet within five (5) days of the if no written request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee arbitration is received within two fifteen (215) full working days after the holding of the conference. 11.04 If management's decision in Step 2 is not satisfactory to the employee or the uniongiven, it may shall be referred deemed to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestsettled. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose SECTION 1 In a mutual effort to provide harmonious working relations between the parties of this Article Agreement, it is agreed to establish and understood by both parties that there shall be a procedure for the settlement resolution of all grievancesgrievances or misunderstandings between the parties arising from the application or interpretation of this Agreement. 11.02 Any Step 1. The aggrieved employee having a shall discuss the grievance with his immediate supervisor within five calendar days not including Saturday, Sunday, or holidays of the occurrence which gave rise to the grievance. An association representative may be present to represent the employee, if the employee desires him present. The immediate supervisor shall first take attempt to adjust the matter up with his/her committee person who will discuss said complaint with and/or respond to the supervisor concernedemployee within five calendar days not including Saturday, Sunday, or holidays. Step 2. If the complaint is grievance has not been satisfactorily resolved within twenty-four (24) hoursresolved, the committee person will then submit aggrieved employee and the grievance in writingassociation representative, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should if the employee or the union be dissatisfied with the supervisor’s decisionwishes his assistance, the Union may refer shall reduce the grievance to a meeting writing, stating the specific provision of this Agreement the plant committee employee believes has been violated and representatives of management, who shall meet within five (5) days of the request for such meetingwhat remedy is requested. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating employee shall present such written grievance to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party Chief within ten (10) calendar days after management's decisionnot including Saturday, Sunday and holidays from the time the immediate supervisor’s response was due in Step 1. Step 3. Within five (5) days of If the giving of grievance has not been satisfactorily resolved in Step 2, the employee or the association, if the employee wishes its assistance, may present a written notice, both parties will exchange lists of three (3) proposed arbitrators. In appeal to the event that no name is common to both lists, either party may City Manager within ten (10) calendar days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievancechief’s response not including Saturday, Sunday or holidays. If the decision is not satisfactory to The City Manager shall meet with the employee or and the unionassociation representative if the employee wishes him present, the matter may then proceed on the giving within ten (10) calendar days of receipt of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for Step 3 grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.not including

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 10.01 A grievance is defined as a difference arising between an employee and the Company with respect to the interpretation or application of this Article is Agreement. In the event of a difference arising, the grievance shall be presented as soon as possible, but in no event later than five (5) working days after the occurrence causing the grievance. Any grievance not so presented shall be deemed to establish a procedure for the settlement of all grievancesbe abandoned and shall not be entitled to consideration thereafter. 11.02 Any 10.02 If an employee having a considers that he/she has any grievance against the Company arising out of the terms of this Agreement, an ▇▇▇▇▇▇▇ effort to resolve the grievance shall first take be made as quickly as possible between himself/herself and the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. Shift Manager. 10.03 If the complaint is not satisfactorily resolved within twenty-four (24) hoursgrievance remains unresolved, it shall be dealt with in the committee person will then submit the following manner: Step 1: The grievance in writing, on a form to must be supplied to the Company presented by the supervisor. The supervisor shall give his/her decision employee in writing to the committee person Shift Manager within two five (25) working days after the occurrence causing the grievance. The Shop ▇▇▇▇▇▇▇ may be present at this meeting if the employee so desires. If the grievance remains unresolved following Step 1, then it shall be referred within three (3) working days of the receipt of the grievance. Should Shift Manager’s written decision to the employee or Operations Manager and Human Resources Manager , who will discuss the union be dissatisfied matter with the supervisor’s decisionparties concerned, including the Union may refer Shop Committee and shall render a decision in writing within six (6) working days. If the grievance to a meeting decision of the plant committee Operations Manager and representatives Human Resources Manager does not dispose of managementthe grievance, who it shall meet then be referred within five (5) working days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's Operations Manager or Human Resources Manager ’s written decision relating to the grievance shall General Manager. A meeting will be in writing andscheduled with the Union Business Agent, if not rendered during Management and the conference, shall be rendered to the Chairperson of the Shop Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) working days after management's decision. Within five (5) days following receipt of the giving of written notice, both parties will exchange lists of three (3) proposed arbitratorsgrievance by the General Manager. In If the event that no name grievance is common to both lists, either party may not settled within ten (10) days after working days, as a result of the lists have been exchanged request the Minister of Labour of Ontario meeting referred to appoint an arbitrator and shall provide the other party above, then any grievance dealing with a copy violation, misinterpretation, or non-application of such requestthe Agreement may be referred to Arbitration at the request of either party. 11.05 10.04 Failure of the Company or of the Union to reply within the time limitations prescribed above shall mean that the grievance is allowed or abandoned, as the case may be. 10.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance time limitations specified herein, may be lodged extended in writing through the Chairperson by mutual consent of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedparties involved. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose Section 1 A grievance shall be defined as any controversy or dispute arising between the parties involving questions of interpretation or application of the terms and provisions of this Article Agreement and other conditions of employment. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all complaints, disputes, controversies or other grievances arising between them involving questions of interpretation or application of the terms and provisions of this Agreement and other conditions of employment. A class action grievance is to establish a procedure for grievance that involves more than three (3) specifically named employees. Class action grievances may be initially filed at Step 2 of the settlement of all grievancesgrievance procedure. 11.02 Any employee having a grievance shall first take Section 2 Thus, should differences or disputes arise between the matter up with his/her committee person who will discuss said complaint with parties to this Agreement or between the supervisor concerned. If employees covered herein and the complaint is not satisfactorily resolved within twenty-four (24) hoursCounty, other than cases of discharge and/or suspension, the committee person will then submit aggrieved party to this Agreement or employee, or employees, as the case may be, shall use the following procedures: Step 1. In the event that an employee believes there is a basis for a grievance, said employee and/or a Union representative shall present a formal grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person employee’s division head within two five (5) working days of the date of the occurrence of the event giving rise to the grievance. The formal grievance shall be presented on the designated form, signed by both the grievant (s) and a representative of the Federation, which shall contain all known facts supporting the Step 2. In the event the aggrieved employee and/or the Union is not satisfied with the written answer to Step 1 above, the said grievance shall be presented within five (5) working days after the written answer above to the Port Director, or his/her designee, who will, within five (5) working days of the receipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. At this meeting, the employee and/or the on-site Federation representative may also be present. Within five (5) working days after this meeting, the Port Director or his/her designee shall render a decision in writing. Step 3. If the grievant is not satisfied with the disposition of the grievance by the Department Director or a designee, or if no disposition has been made within the specified time limit, the grievance may be submitted by the Federation with the consent of the grievant, (or by an individual grievant, but only if the grievant is a non-member and the Federation declines to process the grievance on that basis alone) to arbitration before an impartial arbitrator, by filing a Request for Arbitration Panel Section 3 In the event that an employee is discharged and/or suspended by the County, the aggrieved party to this Agreement or employee or employees shall, within five (5) working days of written notice of discharge and/or suspension grieve his/her discharge and/or suspension to the Port Director, or his/her designee who shall, within five (5) working days of the receipt of the same, meet with a representative of the Federation in an attempt to resolve the grievance. Should At this meeting the employee or and/or the union on-site Federation representative shall also be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decisionpresent. Within five (5) working days after this meeting, the Port Director shall render his/her decision in writing. Section 4 With respect to discharge and/or suspension, the County shall notify the affected employee no later than ten (10) working days from the date the County fixes the responsibility for the incident upon which the discharge and/or suspension is based. The County's failure to comply with the ten (10) working day period shall constitute a waiver of its rights to take any disciplinary action against the employee or employees, including, but not limited to, oral reprimand, written reprimand, suspensions or discharges, for the incident. Section 5 The time limitations provided in this Article shall be strictly observed and shall be extended only by written agreement of the giving of written notice, both parties will exchange lists of three (3) proposed arbitratorsparties. In the event that no name is common the County fails to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party comply with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson any of the Committee aforesaid time limitations in Steps 1 and 2 of the grievance procedure or Sections 3 and/or 4 of this Article, the grievant may file to the management within two (2) working days after next level in the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays prior to arbitration. In the event that the Federation fails to comply with any of the aforesaid time limitations in Steps 1 and vacations as defined herein. 11.07 The 2 of the grievance procedure outlined in or Sections 3 and/or 4 of this Agreement Article, the grievance shall apply equally to be deemed denied and no relief granted. If a grievance lodged by a group meeting is re-scheduled at the request of employeeseither of the parties, or the time-frames will be automatically extended to a Union policy grievance. All allow for re-scheduling of the grievance forms and appeal forms shall be supplied by the companymeeting.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 12.01 The purpose of this Article is to establish Company agrees that the employees shall elect from themselves a procedure for Union ▇▇▇▇▇▇▇ at a meeting duly called by the settlement of all grievancesUnion. 11.02 Any 12.02 Should an employee having have a grievance complaint, he shall first discuss this with his Union ▇▇▇▇▇▇▇ who will proceed to take the matter up with his/her committee person who will discuss said the Company or its chosen Representative. The Union ▇▇▇▇▇▇▇ may request the presence of the Union Representative as such a meeting. 12.03 The Company shall be under no obligation to consider or process any complaint with the supervisor concerned. If the unless such complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied has been presented to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days from the time the circumstances upon which the complaint is based, were known or should have been known by the complaining employee. Any complaint not put in writing within the required time limit shall be deemed to be abandoned. 12.04 Should the Union and the Representative of the request for such meetingCompany fail to arrive at a satisfactory settlement within three (3) working days, or any other time mutually agreed upon, the matter shall then be referred to Arbitration as herein with provided for. 12.05 Any complaints which the Company may have as to the carrying out of this Agreement or as to the conduct or work of any employee, shall be made to the Union ▇▇▇▇▇▇▇. The Union National Representative and/or President ▇▇▇▇▇▇▇ shall immediately deal with the said complaint and if necessary, he shall bring it to the representative of the local union may be in attendance at this meetingUnion. In addition, the Company, on behalf of its members, has the right to bring complaints to the Union. 11.03 Management's decision relating 12.06 All complaints by the Union against the Company shall be communicated to the grievance Company by the Union ▇▇▇▇▇▇▇ or the Union Representative and it shall be in writing anddealt with immediately at a meeting between the Union ▇▇▇▇▇▇▇, if not rendered during the conference, shall be rendered to the Chairperson Union representative and a representative of the Committee within two (2) working days after the holding of the conferenceCompany. 11.04 If management's decision is not satisfactory 12.07 In the event of failure to the employee or the unionagree, it may be referred to an arbitrator, provided written notice of the party's intention to both parties will refer the dispute to an arbitrator is given to a meeting between the other party Union and the Company who will endeavour, within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In working days, or any other time mutually agreed upon, to settle the event that no name is common dispute, and failing the satisfactory settlement the matter shall be referred to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestArbitration as herein provided for. 11.05 The following special procedure 12.08 No grievance by any employee shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two considered, which has originated seven (27) working days after the receipt prior to its presentation. 12.09 No matter may be submitted to arbitration, which has not been properly carried through all requisite steps of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally within the time order and steps specified. Any and all time limits referred to a under the grievance lodged and arbitration procedures herein are mandatory and may be extended only by a group of employees, or to a Union policy grievance. All grievance forms mutual agreement between the Company and appeal forms shall be supplied by the companyUnion.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 25.01 Subject to those matters governed by the Police Services Act, any difference between the parties concerning the interpretation, application, administration or alleged violation of the provision of this Article is Agreement, may be dealt with in accordance with the following procedure: 25.02 When a member has a complaint, he or she shall forthwith convey to establish a his or her immediate supervisor and/or Manager, orally or in writing, all facts relative to the complaint. The member and the supervisor shall make every attempt to resolve the problem at this preliminary stage. The member shall have no right of procedure for unless he or she has first attempted to resolve the settlement of all grievancesdifference by this preliminary procedure. 11.02 Any employee having a 25.03 If the member and the supervisor fail to resolve the complaint to the satisfaction of the member, or if the supervisor fails to discuss, acknowledge, or otherwise deal with the complaint, the member may invoke the following procedure in an attempt to remedy the grievance. Step 1 The grievance shall first take be reduced to writing using the matter up with his/her committee person who will discuss said complaint Grievance Form (Schedule “D”) and submitted to the Senior Officer and/or Director in charge of the Division or Unit. A Senior Officer shall meet with the supervisor concernedaggrieved member, who may be accompanied by a representative of the Association at this step. The Senior Officer shall render a written decision within six (6) working days following such meeting. Step 2 If no satisfactory settlement is reached at Step 1, to the complaint is not satisfactorily resolved within twenty-four (24) hourswritten grievance, the committee person will then aggrieved member or an Association representative, may within six (6) days of receipt of the response at Step 1, submit the grievance in writing, on a form to be supplied to the Company by the supervisorChief of Police. The supervisor Chief of Police or designate shall give his/her meet regarding the grievance. The aggrieved member may be accompanied by a representative of the Association at this Step. The Chief of Police or designate, shall render a written decision in writing to within six (6) working days following such meeting. (a) If no satisfactory settlement is reached at Step 2, the committee person Association, may within two six (26) working days of the receipt written response at Step 2, shall arrange to submit the grievance before the Board Grievance Committee at which time it will hear submissions from the representatives of the grievancegrievors. Should The Board Grievance Committee shall render its decision within three (3) weeks following such meeting. (b) A record of proceedings relative to Steps 1 and 2 shall be prepared by the employee grievor's representative for review by the Board Grievance Committee. This record shall include: (i) A notice of appeal outlining the reasons(s) for appeal; (ii) all relative documentation from previous steps; (iii) Decisions from previous steps; (iv) Any legal documentation or case law to be relied upon. (c) Despite the union be dissatisfied with foregoing the supervisor’s decisionBoard and Chief may refuse to consider any complaint for which the circumstances which arose more than twenty-five (25) working days before the said complaint was submitted in Step 1 outlined above, unless waived by the Board and Chief. If on submission of a grievance at any step in this procedure, the Union may refer aggrieved member does not receive a response for the grievance to purpose of setting a meeting of the plant committee and representatives of management, who shall meet within five thirty (530) days of the request for such meeting. The Union National Representative and/or President submission, the member may submit the grievance to the next step of the local union may be in attendance at this meetingprocedure. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee (a) The Association may within two fifteen (215) working days after the holding receipt of the conferencewritten decision of the Board, submit the grievance to conciliation as provided by the Police Services Act, by notifying the Board in writing. The notice shall include: (i) the statement of the grievance and remedy sought; (ii) the names of one or more proposed arbitrators. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within (b) Within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of such notice, the grievanceBoard shall indicate whether or not it accepts one of the proposed arbitrators and if it does not, then its reply shall contain the name and address of one or more persons whom it proposed as arbitrator. If the parties fail to agree on an arbitrator within a further five (5) days, either party may request the Solicitor General to appoint a single arbitrator to hear the dispute. 25.04 The decision at each step above shall be final and binding upon the Board and the Association and upon the aggrieved member affected by it, unless a subsequent Step is taken within the times herein before limited. 25.05 No matter may be submitted to arbitration which has not satisfactory to been properly processed through all previous steps of the employee or the uniongrievance procedure. However, the matter parties may then proceed on the giving at any stage agree to omit one or more stages of the prescribed notice grievance procedure. The Board may waive Step 3 of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for the grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined hereinif so desired. 11.07 25.06 Any time limit herein contained may be extended by mutual consent. (a) Either party to this Agreement may lodge a grievance in writing, using the Grievance Form, where a difference between the parties concerns the interpretation, application or administration of this Agreement, or where an alleged violation affects: (i) more than one member; or; (ii) the interests of either party to this Agreement. (b) The grievance procedure outlined in this Agreement process may be initiated by either party on behalf of the aggrieved member(s) or the party concerned, as the case may be. This process shall commence at Step 2 and the said Steps shall apply equally mutatis mutandis to each grievance. 25.08 An arbitrator appointed pursuant to the provisions herein: (a) Shall determine his/her own procedure, provided he/she gives full opportunity to all parties to present evidence and make representations; (b) may rectify any clerical or typographical or other error or omission, but otherwise shall not have the power to alter or amend any provisions of this Agreement; (c) may have access, when accompanied by both parties, to view the Board's premises to view locations, working conditions, equipment or operations which may be relevant to the resolution of the grievance; (d) shall have the jurisdiction to determine whether a grievance lodged by a group is arbitrable; (e) shall, provided that the rights of employees, or to a Union policy grievance. All grievance forms either party are not prejudiced and appeal forms shall be supplied that there has been compliance within the procedures contemplated by the companyArticle, entertain and determine the real issue in dispute according to its merits and shall make whatever disposition of it her/she deems just and equitable; (f) shall issue a decision which is final and binding upon the parties and upon any member affected by it.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 8.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given to his immediate Supervisor, or his designate, an opportunity of adjusting his complaint. For the purposes of this Article is Article, “working days” shall be defined as Monday to establish a procedure for the settlement of all grievancesFriday. 11.02 Any (a) If an employee having a grievance has any complaint or questions which he wishes to discuss with the Company, he shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concernedhis immediate Supervisor, or his designate. If the complaint The Company shall not be required to consider any grievance which is not satisfactorily resolved presented within twenty-four seven (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (27) working days after the grievor first became aware or ought to have become aware of the receipt alleged violation of the grievance. Should Agreement. (b) If such complaint or question is not settled to the satisfaction of the employee or concerned within three (3) full working day, then the union be dissatisfied with the supervisor’s decision, the Union may refer following steps of the grievance to a meeting of the plant committee procedure may be invoked in order; 8.03 A grievance properly arising under this Agreement shall be adjusted and representatives of managementsettled as follows: STEP NO. 1 If no satisfactory resolution is reached above, who shall meet within five (5) working days after the decision of the request for such meeting. The immediate Supervisor is given to the employee, the employee must, with a Union National Representative and/or President ▇▇▇▇▇▇▇, present his grievance, which shall be reduced to writing stating the specific article(s) and section(s) of this agreement allegedly violated on a form supplied by the Union, signed by the employee, to the Human Resources Manager, or his designate, who shall consider it in the presence of the local union may be person or persons presenting same and the Human Resources Manager, or his designate, shall render his decision in attendance at this meeting. 11.03 Management's decision relating to writing within five (5) working days following the presentation of the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two him. STEP NO. 2 Within six (26) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee given at Step No. 1, or the uniontime limit has expired, it whichever occurs first, the grievance may be referred to an arbitratorthe Vice President or his designate. A meeting shall be held between the Union Grievance Committee and the Company within twelve (12) working days. At this meeting, provided written notice a representative of the party's intention to refer International Union and the dispute to an arbitrator is given to the other party within ten (10) days after management's decisionGrievor may be present. Within five (5) days The decision of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure Vice-President or his designate shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management given within two seven (27) working days after the receipt meeting referred to herein is held. 8.04 A policy grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of this Agreement shall be originated under Step 2, and shall be submitted in writing, and shall provide the information as spelled out in Step 1 hereof. However, the provisions of this paragraph must not be used to institute any grievance directly affecting an employee which could have been instituted through the regular grievance procedure as the individual and policy grievance procedures are mutually exclusive. Any grievance by the Company or the Union as provided in this paragraph must be commenced within twelve (12) working days after the Company or the Union became aware or ought to have become aware of the circumstances giving rise to the grievance. If . 8.05 All decisions arrived at between the decision is not satisfactory to employer and the Union shall be final and binding upon the Company, the Union, and the employee or the union, the matter employees concerned. 8.06 Time limits may then proceed on the giving only be extended by mutual written consent of the prescribed notice of appeal parties to an impartial arbitrator selected as herein providedthis Agreement. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 5.01 It is the mutual desire of this Article the Corporation and the Union that the complaints of employees shall be addressed as quickly as possible and it is to establish a procedure for the settlement of all grievances. 11.02 Any understood that an employee having a has no grievance shall until he/she has first take the matter up with given his/her committee person who will discuss said Supervisor an opportunity to adjust his/her complaint. When an employee has a complaint with arising out of the supervisor concernedinterpretation, operation, administration or alleged violation of the terms of this agreement, he/she shall present his/her complaint to his/her immediate Supervisor no later than fifteen (15) working days following the date upon which he/she should have become aware of the circumstances which led up to the complaint. If In discussing his/her complaint the employee may be accompanied by his/her ▇▇▇▇▇▇▇ if the employee so desires. In the case of a complaint requesting a monetary settlement, this limitation shall be extended to one (1) calendar year. The employee's immediate Supervisor shall have three (3) working days to verbally reply to the complaint. Failing satisfaction, the complaint is not satisfactorily resolved within twenty-four may be dealt with in the following manner and sequence. Step 1 Written grievances shall be on forms supplied by the Union. Within five (245) hoursworking days of receiving the verbal reply from his/her immediate Supervisor on a complaint, the committee person will then Unit Grievance Committee may submit the grievance in duplicate, in writing, on a form to be supplied to the Company by Manager or designate. A meeting will be held within five (5) working days with the supervisorManager and/or a designate, a representative of the Human Resources Department, the Grievor and up to two (2) members of the Unit Grievance Committee in attendance. The supervisor Manager shall give render his/her decision in writing to the committee person within two three (23) working days days. Step 2 Failing a settlement in Step 1 of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisionGrievance Procedure, the Union Unit Grievance Committee may refer the grievance matter to a meeting of the plant committee and representatives of management, who shall meet Director within five (5) working days of receiving the decision in Step 1. The Corporation’s Grievance Committee (composed of the Director or their designate and a Human Resources representative) will meet with the Unit Grievance Committee and the Grievor within ten (10) working days. A Representative of the Canadian Union of Public Employees may be present at the request for such meetingof either party. The Union National Representative and/or President of Corporation may engage Counsel if so desired. The decision shall be given in writing within five (5) working days following the local union may be in attendance at this meeting. 11.03 Management's 5.02 Subject to Article 5.13, failing settlement under Step 2 of any differences between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether the matter is arbitrable, such difference may be taken to Arbitration as provided in Article 6 herein. If no written notification is received within forty (40) calendar days after the decision relating in Step 2 is given, it shall be deemed to have been abandoned. 5.03 Any complaint or grievance concerning or affecting a group of employees and those defined under Article 8.05 (e) shall be originated under Step 2. 5.04 A policy grievance procedure is hereby recognized whereby either party to this Agreement may submit any matter in dispute to grievance, beginning at Step 2 of the Grievance Procedure. However, such a grievance shall not include matters upon which employee(s) are personally entitled to grieve. The time limits in Article 5.01 shall apply. 5.05 The time limits provided under the Grievance Procedure may be extended, in writing andwriting, if not rendered during by mutual agreement of the conference, parties. 5.06 All decisions arrived at between the representatives of the Corporation and the Union shall be rendered to final and binding upon the Chairperson Corporation, the Union and the employee or employees concerned. 5.07 A claim by any employee who has completed his/her probationary period that he/she has been unjustly discharged or suspended for three (3) working days or more shall be treated as a grievance if a written statement of such grievance is lodged with the Committee Corporation at Step 2 within two five (25) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employeeis effected. The Such grievance may be lodged settled under the Grievance or Mediation Procedure by: a) Confirming the Corporation's action in writing through dismissing or suspending the Chairperson of the Committee to the management within two (2employee; b) working days after the receipt of the grievance. If the decision is not satisfactory to Reinstating the employee with full compensation for the time lost; or c) By any other arrangement which may be deemed just and equitable. 5.08 When an immediate Supervisor or the unionManager feels that it is necessary to demote, suspend or dismiss an employee, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms disciplinary action shall be supplied made in private and the employee being reprimanded may be accompanied by the company.not more than two

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 7:01 Employees of the Company who are members of the Union shall be selected by the Union as Shop ▇▇▇▇▇▇▇. The purpose Union shall advise the Company of the name of the Stewards. The ▇▇▇▇▇▇▇ shall assist the grieved employee(s) if requested to do so by the employee(s) concerned when the grievance is processed to Management. The Grievor(s) and ▇▇▇▇▇▇▇, if required, will request time from the Supervisor, or his delegate, as the case may be, to present the grievance. The Supervisor, or his delegate, will provide the time required to process the grievance within four (4) calendar days. Step One Step Two 7:02 A grievance shall be deemed waived unless the matter is processed by the Union to the Company within thirty (30) calendar days from the date the misunderstanding arises, as long 7:03 The Union shall have the right to initiate a group grievance (that is, a grievance involving a group of employees as a result of similar circumstances) or a policy grievance (that is a grievance of a general nature with no individual remedy) by submitting and processing it in accordance with “Step Two” in 7:01 of this Article is Article. 7:04 Should the Union fail to establish carry on a procedure grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be deemed to be abandoned. Should the Company fail to answer a grievance within the time limits set out in this Article, or agreed upon, then the grievance shall be awarded to the grievor or grievors. 7:05 A Shop ▇▇▇▇▇▇▇ wishing to discuss matters involving the Collective Agreement with his Supervisor or his delegate must first obtain permission from his Supervisor or his delegate before leaving his work. The Supervisor or his delegate will endeavour as promptly as possible to provide a reasonable time period in order that the ▇▇▇▇▇▇▇ may perform such functions. The Shop ▇▇▇▇▇▇▇ shall not suffer loss of pay for the settlement of all grievancestime so spent during his regular working hours. 11.02 Any 7:06 In the event of a claim by an employee having that he has been unjustly discharged, the claim in the form of a grievance shall first take may be processed at Step Two of the matter up grievance procedure within seven (7) calendar days from the date that the discharge took place. The grievance may be settled by the parties to the Collective Agreement or failing to do so by the Arbitration Board or single arbitrator by (a) confirming the Management’s decision of discharging the employee; or (b) reinstating the employee with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint full 7:07 Where a grievance is not satisfactorily resolved within twenty-four (24) hourssettled under the preceding Sections of this Article, including the committee person will then question of whether or not a matter is arbitrable, or where an allegation is made that this Collective Agreement has been violated, either of the parties may notify the other party in writing of its desire to submit the grievance in writingor allegation to arbitration within thirty (30) calendar days from the date of decision by the Manager, on Labour & Employment Relations or his delegate. 7:08 Where a form to be supplied difference arises between the parties relating to the Company interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the supervisorother party in writing of its desire to submit the difference or allegation to arbitration. The supervisor notice shall give his/her decision in writing contain the name of the first party’s appointee to an Arbitration Board; a list of at least three names, any one of which is acceptable to the committee person within first party as a Single Arbitrator; and its preference for either an Arbitration Board or Single Arbitrator. 7:09 If the application of 7:08 results in a desire to constitute an Arbitration Board, the two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who appointees so selected shall meet within five (5) days of the appointment of the second of them, appoint a third person who shall be Chairperson. If the recipient of the notice fails to respond within the time limit, or if the two (2) appointees fail to agree upon a Chairperson within the time limit, the appointment of a Chairperson shall be made by the Minister of Labour upon the request for such meetingof either party. The Union National Representative and/or President Arbitration Board or Single Arbitrator shall hear and determine the difference or allegation and shall issue a decision that shall be final and binding upon the parties and upon any employee affected by it. In the case of a Board, the decision of the local union majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern. 7:10 No person may be appointed as an Arbitrator who has been involved in attendance at this meeting. 11.03 Management's decision relating an attempt to negotiate or settle the grievance shall be in writing andgrievance. Each of the parties hereto will bear the expense of its appointee to an Arbitration Board and the parties will jointly bear the expenses, if not rendered during the conferenceany, shall be rendered to of the Chairperson of the Committee within two (2) working days after the holding Arbitration Board or Single Arbitrator. The proceedings of the conference. 11.04 If management's decision is not satisfactory to the employee Arbitration Board or the union, it may Single Arbitrator will be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied expedited by the companyparties hereto.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The 8.01 For the purpose of this Article Agreement, a grievance is defined as a difference arising between the parties relating to establish the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a procedure for the settlement of all grievancesmatter is arbitrable. 11.02 Any 8.02 At any stage of the grievance procedure, including the complaint stage, an employee having a is entitled to be represented by her employee representative. 8.03 It is the mutual desire of the parties to this Agreement that differences shall be resolved as quickly as possible and it is understood that an employee has no grievance until she has first given her Supervisor the opportunity of addressing her complaint. Such complaint shall first take be discussed within seven (7) calendar days after the matter up with his/circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. After the discussion, the Supervisor shall confirm her committee person who will discuss said complaint with the supervisor concerned. response in writing within fourteen (14) calendar days. Step 1 If the complaint is not satisfactorily resolved unresolved, a written grievance may be submitted, dated and signed by the employee to the Director or her designate, within twenty-four seven (247) hourscalendar days from receipt of the written decision of the Supervisor. The parties may choose to meet to discuss the concern at a time and place suitable to all. The Director or her designate shall confirm her decision, the committee person will then submit the grievance in writing, on a form to be supplied to the Company by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two fourteen (214) working calendar days of the receipt of meeting. Step 2 If the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisioncomplaint remains unresolved after Step 1, the Union grievance may refer be submitted, in writing, to the grievance to a meeting of the plant committee and representatives of management, who shall meet Vice-President or her designate within five seven (57) calendar days of the request for decision in Step 1. A meeting will be arranged between the Vice-President or her designate and the appropriate parties. It is understood and agreed that a staff representative of the provincial Ontario Nurses’ Association and the grievor may be present at the meeting and that the Employer may have such counsel and assistance as it may desire at such meeting. The Union National Representative and/or Vice- President of the local union may be or her designate will confirm her decision, in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing andwriting, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.fourteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose of this Article is (a) In order to establish a provide an orderly procedure for the settlement settling of all grievances, the Employer acknowledges the right of the Union to appoint, or otherwise select, a Grievance Committee of three (3) members, whose duties shall be to process any grievance in accordance with the grievance procedure. 11.02 Any employee having (b) The Employer shall recognize up to seven (7) Shop Stewards appointed or otherwise selected by the Union bargaining unit, whose duties shall be to investigate and to attempt to settle disputes. (c) The Union shall notify the Employer in writing of the name of each Grievance Committee member and Shop ▇▇▇▇▇▇▇ before the Employer shall be required to recognize the member or ▇▇▇▇▇▇▇. (d) The Grievance Committee and Shop ▇▇▇▇▇▇▇(s) selected according to (a) and (b) hereof, shall not change so long as they remain employees or until their successors are chosen. (e) In order that the work of the Employer shall not be unreasonably interrupted, the Shop ▇▇▇▇▇▇▇ shall not leave work without obtaining permission of the supervisor, which permission shall be given within one hour. (f) Should a grievance dispute arise between the Employer and any employee(s) or the Union regarding the interpretation, meaning, operation, or application of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, or should any other dispute arise, an ▇▇▇▇▇▇▇ effort shall first take be made to settle the matter up with his/her committee person who will discuss said complaint dispute in the following manner: Step 1: The employee(s), together with the Shop ▇▇▇▇▇▇▇, shall meet to discuss and attempt to resolve the issue with the employee’s staff (non bargaining unit) supervisor concerned. If within sixty (60) days of the complaint is not satisfactorily resolved within twenty-four (24) hours, date of the committee person will then submit incident causing the grievance in writing, on a form to be supplied to employee’s concern or the Company by date the supervisoremployee first became aware of the incident. The supervisor shall give his/her attempt to resolve the issue within five (5) working days of this meeting. Step 2: Should the employee(s) still feel aggrieved after the completion of Step 1, the Union may submit a written grievance outlining particulars of the complaint and the redress sought. In an attempt to resolve the dispute, a meeting shall be held with the Department Director or designate and the Union within five (5) working days of receipt of the written grievance. The employee(s) may be present at this meeting. The Director or designate shall render the Employer’s written decision to the Union within seven (7) working days after the meeting. Step 3: Failing satisfactory settlement being reached after completion of Step 2, the Union will notify the Employer in writing of their intention to further the grievance. A meeting of the Employer’s Committee and Union shall be held within five (5) working days after receipt of such notice. The Employer’s representative shall render a written decision to the committee person Union within two seven (27) working days after the meeting. Step 4: Failing satisfactory settlement of the grievance within ten (10) working days of the receipt completion of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decisionStep 3, the Union either party to this Agreement may refer the grievance dispute to Arbitration. (g) Where a meeting dispute involving a question of the plant committee general application or interpretation occurs, Steps 1 and representatives 2 of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union this Article may be in attendance at this meetingbypassed. 11.03 Management's decision relating (h) Replies to the grievance written grievances shall be in writing andat all stages. (i) The Employer shall supply the necessary facilities for the grievance meetings. (j) Where the Employer alleges that the Union is in violation of any provision of the Agreement, the Employer may file a grievance to the Secretary-Treasurer of the Union within thirty (30) days. The parties shall, if not rendered during requested, meet to discuss the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party matter within ten (10) days after management's decisiondays. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not Failing satisfactory to the employee or the unionsettlement being reached, the matter may then proceed on the giving of the prescribed notice of appeal be referred to an impartial arbitrator selected as herein providedarbitration in accordance with Article 19. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 10.01 A grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of the Collective Agreement or in a case where the Employer is alleged to have acted unjustly, improperly or unreasonably in respect to a disciplinary matter. 10.02 The Centre and the Union agree that it is the purpose of this Article is the grievance procedure to establish a procedure for amicably and fairly settle any complaints and disagreements arising under the Agreement concerning the employee, the Union and the Centre. The parties further agree that the settlement of all grievancesany grievance shall be deemed not to conflict with the provisions of the Agreement. 11.02 Any (a) It is the mutual desire of the parties that complaints of employees shall be adjusted as quickly as possible, and it is agreed that an employee having a has no grievance shall until he has first take the matter up with given his/her committee person who will discuss said complaint supervisor the opportunity to adjust his/her complaint. (b) An employee shall have the right upon reasonable notice, and in the presence of a supervisor, to review his/her personnel file. This file shall contain all employment-related information including copies of disciplinary notices. No disciplinary notices from the employee's personnel file may be introduced as evidence in an arbitration hearing if the employee was not issued with such notice. An employee shall have the right to make a copy of any material contained in his personnel file. (c) In the course of investigating an alleged grievance, Union officials or stewards may have copies of pertinent incident reports and the relevant pages of communications books and sign-in-sheets and may examine the original documents. (d) Except as provided for in the grievance procedure, after a grievance has been initiated through the Union, the Employer's representative shall not enter into discussion or negotiate with respect to the grievance with the supervisor concerned. If aggrieved employee without consent of the complaint is Union. (e) Grievances concerning layoffs and recalls shall be initiated at Step 2 of the grievance procedure. 10.04 Should a grievance arise between the Centre and any of its employees (referred to therein as "grievor") that cannot be satisfactorily resolved within twenty-four (24) hoursadjusted pursuant to Article 10.03, the committee person will then submit an ▇▇▇▇▇▇▇ effort shall be made to settle the grievance in writing, on a form to be supplied to the Company by the supervisorfollowing manner: 10.05 Step No. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.1

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose of this Article is Employees and supervisors are encouraged to establish attempt to resolve on an informal basis, at the earliest opportunity, a procedure for the settlement of all grievances. 11.02 Any employee having problem that could lead to a grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concernedgrievance. If the complaint matter is not satisfactorily resolved by informal discussion, it shall be settled in accordance with the following procedure. (These informal discussions shall not extend the deadlines for filing a grievance.) All written grievances shall contain the following (Step 1 grievances are not expected to be in writing and do not require detailing of the items listed below): a) name(s) of the grievant or grievants, if applicable; b) a brief summary of the facts giving rise to the alleged violation; c) citation of the section or subsections of this Agreement alleged to have been violated; d) the date of the alleged violation; e) the specific remedy requested. Any written grievance filed at Step Two or Three not in accordance with the above requirements may be denied on the basis of improper filing and may be appealed to the next Step in accordance with this procedure. This meeting shall be held within twenty-four fourteen (2414) hourscalendar days of receipt of the request. The supervisor, employee(s), and Union ▇▇▇▇▇▇▇ shall attempt to resolve the committee grievance. If desired by the supervisor, another member of management may be present so long as that person will then submit not be hearing the grievance at Step Two, should it progress to that Step. The parties are limited to one (1) representative each present on Employer paid time, in writing, on a form to be supplied addition to the Company by grievant and the supervisor. The supervisor shall give his/her decision in writing respond to the committee person grievant with a copy of the response to the ▇▇▇▇▇▇▇ within two fourteen (214) working calendar days following the meeting. If the grievance remains unresolved, the Union may submit it to Step Two. A representative of the appropriate Human Resources Department shall hold a meeting between the head of the unit, the grievant, and the designated Union representative on Employer paid time to discuss and attempt to resolve the grievance. This meeting shall be held within fourteen (14) calendar days of the receipt of the Step Two grievance. Should Within fourteen (14) calendar days of the employee or meeting, the union be dissatisfied head of the unit shall provide a decision in writing to the grievant and the Union representative with a copy to the appropriate Human Resources Department. The parties are limited to two (2) representatives each, in addition to the grievant and the supervisor’s decision. If the grievance remains unresolved, the Union may refer the grievance submit it to a meeting of the plant committee and representatives of management, who shall meet within five Step Three as described below. Within fourteen (514) calendar days of the request for such meeting, the hearing officer shall provide a decision, in writing, to the grievant and the Union representative with a copy to the appropriate Human Resources Department. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating parties are limited to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory representatives each, in addition to the employee or grievant and the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decisionsupervisor. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is An issue not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied raised by the companyUnion in the Step Three grievance shall not proceed to arbitration unless mutually agreed between the parties.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 17.01 For purposes of the Collective Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable. For purposes of this Article is article, reference to establish "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. A complaint that a procedure for probationary employee has been disciplined or discharged shall not constitute a difference between the settlement of all grievancesparties under this agreement. 11.02 Any 17.02 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. It is understood that an employee having has no grievance until he has first given his immediate manager the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint, he shall discuss it with his immediate manager within five (5) days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the employee. The manager shall give his response to the complaint within five (5) days and, failing settlement, it may be then taken up as a grievance shall first take within five (5) days after being advised of the matter up with his/her committee person who will discuss said complaint with immediate manager's decision in the supervisor concernedfollowing manner and sequence: If the employee wishes, he may go directly to step 1 of the grievance procedure without following the process outlined above. If an employee decides to go directly to step 1 he must file his grievance under step 1 within five (5) days after the complaint is not satisfactorily resolved within twenty-four (24) hourscircumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the employee. The employee, who may request the assistance of his ▇▇▇▇▇▇▇, may present his grievance to his immediate manager. The grievance shall be in writing on a grievance form approved by the Company and the Union. The grievance shall be signed by the employee and shall include the nature of the grievance, the committee person will then remedy sought and the provisions of the Agreement which are alleged to have been violated. Failing settlement, the immediate manager shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Failing Settlement: Within five (5) days after the decision in which Step #1 is given, the employee, who may request the assistance of the ▇▇▇▇▇▇▇, may submit the grievance in writingwriting to his Assistant Store Manager or his designate who shall deliver his decision in writing within five (5) days following the presentation of the grievance to him. Where an employee's immediate manager and the Assistant Store Manager are the same person, on a form to this step shall be supplied to omitted. Within five (5) days after the Company by decision in Step #2, the supervisor. The supervisor shall give his/her decision grievor, who may have the assistance of the Union ▇▇▇▇▇▇▇, may submit the grievance in writing to the committee person within two (2) working days of Store Manager or his designate. A meeting will then be held between the receipt of the grievance. Should Store Manager or his designate and the employee or the union be dissatisfied with the supervisor’s decision, and the Union may refer the grievance to a ▇▇▇▇▇▇▇. Such meeting of the plant committee and representatives of management, who shall meet be held within five (5) days of submission of the grievance at Step #3 unless extended by agreement of the parties. It is understood and agreed that a staff representative of the Union shall be present at such meeting at the request for of either party and that the Company may also have such meetingcounsel and assistance as it may desire. The Union National Representative and/or President decision of the local union may Store Manager or his designate shall be delivered in attendance at this writing within five (5) days following the date of such meeting. 11.03 Management17.03 It is agreed that a policy grievance arising directly between the Company and the Union shall be originated under Step #3 and the time limits set out with respect to the step shall appropriately apply. It is understood, however, that the provisions of this section may not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. 17.04 A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Company at Step #3 of the grievance procedure within five (5) days after the date the discharge or suspension is effected. Such grievance may be settled under the grievance or arbitration procedure by: (a) confirming the Company's action in dismissing the employee, or (b) by any other arrangement which may be deemed just and equitable. 17.05 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievances may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the decision relating to under Step #3 is given, the grievance shall be deemed to have been abandoned. 17.06 Where no written answer has been given within the time limit specified, the grievance may be submitted to the next step of the foregoing procedure, including arbitration. 17.07 No adjustment effected under the grievance or arbitration procedure shall be made retroactive beyond five (5) days prior to the date that the grievance was formally discussed or presented to the Company except in the case of wages or other cash benefits issues, where the adjustment shall not be retroactive prior to the first occurrence of the issue but in any case not before 45 days prior to the date that the grievance was formally discussed or presented to the Company. 17.08 When either party requests that any matter may be submitted to arbitration as provided in the foregoing article, it shall make such request in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given addressed to the other party within ten (10) days after management's decisionto this agreement, and at the same time nominate an arbitrator. Within five (5) days thereafter the other party shall nominate an arbitrator; provided, however, that if such party fails to nominate an arbitrator as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two arbitrators so nominated shall attempt to select by agreement a chairman of the giving arbitration board. If they are unable to agree upon such a chairman within a period of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged days, they shall then request the Minister of Labour for the Province of Ontario to appoint an arbitrator and impartial chairman. If a chairman has not been agreed upon by the two arbitrators within thirty (30) calendar days of the appointment of the second arbitrator, or a request has not been made of the Ministry of Labour, the grievance shall provide the other party with a copy of such requestbe deemed to have been abandoned. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance 17.09 No person may be lodged appointed as an arbitrator who has been involved in writing an attempt to negotiate or settle the grievance. 17.10 No matter may be submitted to arbitration which has not been properly carried through the Chairperson all requisite steps of the Committee grievance procedure. 17.11 The arbitration board shall not be authorized to make any decision inconsistent with the management within two (2) working days after the receipt provisions of this agreement, nor to alter, modify, add to or amend any part of this agreement nor to award interest. 17.12 The proceedings of the grievance. If arbitration board will be expedited by the parties hereto and the decision of the majority and, where there is not satisfactory to no majority, the decision of the chairman will be final and binding upon the parties hereto and the employee or the union, the matter may then proceed on the giving employees concerned. 17.13 Each of the prescribed notice parties hereto will bear the expense of appeal to an impartial the arbitrator selected as herein providedappointed by it and the parties will share equally the expenses, if any, of the chairman of the arbitration board. 11.06 17.14 The term working days when used parties acknowledge that the time limits set out in this Agreement for both the grievance procedure, and arbitration procedures must be strictly complied with except by written agreement to extend them and failure to so comply shall exclude Saturdays, Sundays, holidays and vacations as defined hereinresult in the grievance being deemed to have been abandoned. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 9.01 For the purposes of this Article Agreement, a grievance is defined as a difference arising between the parties relating to establish the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a procedure for matter is arbitrable. 9.02 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, an Employee is entitled to be represented by a local Union representative, if available. Representation may be provided via teleconference. 9.03 It is the mutual desire of the parties hereto that complaints of Employees shall be adjusted as quickly as possible, and it is understood that an Employee has no grievance until she has first given her immediate Supervisor the opportunity of responding to the complaint. Such complaint shall be discussed with her immediate Supervisor within seven (7) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the Employee. Failing settlement of all grievances. 11.02 Any employee having a grievance shall first take the matter up with his/her committee person who will discuss said complaint within seven (7) calendar days of being so discussed with the supervisor concernedimmediate Supervisor, it may then be taken up as a written grievance at Step No. If 1, within seven (7) calendar days following the complaint is not satisfactorily resolved date on which the Employee has been advised of the Supervisor’s decision, or failing any reply it may then be taken up as a written grievance at Step No. 1 within twenty-four a period of fourteen (2414) hourscalendar days following the initial complaint. The Employee, with the assistance of a Union representative, if available, may submit a written grievance, signed by her, to the Supervisor. The nature of the grievance, the committee person will then submit remedy sought and the section or sections of the Agreement which are alleged to have been violated shall be set out in the grievance. The parties may, if they so desire, meet to discuss the grievance in writing, on at a form time and place suitable to be supplied to the Company by the supervisorboth parties. The supervisor shall give his/her Manager will deliver their decision in writing within seven (7) calendar days following the day on which the grievance was presented to her (or any longer period which may be mutually agreed). Failing settlement, the next step in the grievance procedure may be taken. Within seven (7) calendar days following the decision under Step No. 1, the Employee may submit the written grievance to the committee person Manager responsible for the department or alternate. A meeting will then be held, within seven (7) calendar days of the submission of the grievance to Step No. 2, unless extended by agreement of the parties, between the Hospital’s Management Representatives and up to two (2) working Within seven (7) calendar days following the decision under Step No. 2, the Employee, with the assistance of a Union representative, if available, may submit the written grievance to the designated Employer Representative for Step 3. A meeting will then be held, within seven (7) calendar days of the receipt submission of the grievancegrievance at Step No. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting 3 unless extended by agreement of the plant committee parties, between Management Representatives and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating up to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working Union representatives. It is understood that the grievor may attend this meeting. A decision of the Employer shall be delivered in writing within seven (7) calendar days following the date of such meeting. 9.04 A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. 2 within fourteen (14) calendar days from the time that the circumstances giving rise to the complaint or grievance were known or should have been known to the Union or the Employer, and the grievance process shall apply, with any necessary modifications, to the Union policy grievance or the Employer grievance, as the case may be. A Grievance shall be signed by a member of the Union Executive and/or a Union Staff Representative. 9.05 Where a number of Employees have identical grievances and each Employee would be entitled to grieve separately, they may present a group grievance in writing signed by each Employee who is grieving to the Manager responsible for their department, or alternate, within fourteen (14) calendar days after the holding circumstances giving rise to the grievance were known or ought reasonably to have been known to the Employees. The grievance shall then be treated as being initiated at Step No.1 and the applicable provisions of this Article shall then apply with respect to the conferenceprocessing of such grievance. 11.04 If management's decision is 9.06 The release of a probationary Employee for reasons based on performance and ability to do the job, including skills, suitability and availability shall not satisfactory be subject to the employee grievance procedure unless the probationary Employee is released for: (a) reasons which are arbitrary, discriminatory or in bad faith; (b) exercising a right under this Agreement. The Employer agrees to provide written reasons for the union, it may be referred to an arbitrator, provided written notice release of the party's intention to refer the dispute to an arbitrator is given to the other party a probationary Employee within ten seven (10) days after management's decision. Within five (57) days of such release. A claim by the giving Union that a probationary Employee has been unjustly released shall be treated as a grievance, provided the Employee is entitled to grieve, if a written statement of written notice, both parties will exchange lists of three such grievance is lodged by the Employee with the designated Hospital Representative at Step No. 2 within seven (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (107) days after the lists date the release is effected. Such a grievance shall be treated as a special grievance as set out below. The Employer agrees to provide written reasons within seven (7) calendar days to the affected Employee in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline an Employee who has completed her probationary period, without just cause. A claim by the Union that an Employee, who has completed her probationary period, has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the designated Hospital Representative at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: (a) confirming the Employer’s action in dismissing the Employee; or (b) reinstating the Employee with or without loss of seniority and with or without full compensation for the time lost; or (c) by any other arrangement which may be deemed just and equitable. 9.07 The time limits set out in Grievance Procedure are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been exchanged request abandoned. 9.08 The parties may agree to waive or extend any of the Minister of Labour of Ontario time limits established in the grievance procedure. 9.09 No matter may be submitted to appoint an arbitrator and shall provide arbitration which has not been properly carried through the grievance procedure within the times specified, provided that the parties may extend the time limits in the grievance procedure by mutual agreement in writing. Where a response is not given by a party within the specified time limit in the grievance procedure, the other party with a copy may submit the grievance to the next step of such requestthe grievance procedure. 11.05 The following special 9.10 All agreements reached under the grievance procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through between the Chairperson representatives of the Committee to Employer and the management within two (2) working days after the receipt representatives of the grievance. If Union will be final and binding upon the decision Employer and the Union and the Employees. 9.11 Paid holidays shall not be counted in determining the time in which any action is not satisfactory to the employee be taken or the union, the matter may then proceed on the giving completed in any step of the prescribed notice of appeal to an impartial arbitrator selected as herein providedGrievance Procedure where the reference is calendar days. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 7.01 It is the mutual desire of the Parties hereto that all complaints shall be adjusted as quickly as possible. It is understood that an employee has no grievance until he has personally presented same to his ▇▇▇▇▇▇▇ or, in the alternative that his grievance has been presented to his ▇▇▇▇▇▇▇ on his behalf by a member of the Shop Committee and in either case that the ▇▇▇▇▇▇▇ has had the opportunity of adjusting the complaint. The purpose ▇▇▇▇▇▇▇ shall render his decision not later than the work day following presentation of this Article is the grievance. The Union shall have the right to establish initiate a policy grievance at step two of the grievance procedure for and all provisions of the settlement of all grievance and arbitration procedures will apply to such grievances. 11.02 7.02 Should an employee have a complaint that he has been unable to settle with the ▇▇▇▇▇▇▇, the complaint may be taken up within 2 full working days by the aggrieved employee, who shall be accompanied by a member of the Shop Committee, with the Operations Manager, or his representative, who shall render his decision in writing not later than 3 full working days following presentation. 7.03 Failing settlement of the grievance with the Operations Manager, or his representative, the matter may be taken up within 3 working days between the Union Shop Committee and the General Manager or his representative. An International Staff Representative of the Union may attend the meeting between the Union Shop Committee and the General Manager or his representative. Issues in dispute involving terminated employees can be automatically entered at this step. The General Manager or his nominee shall give his decision in writing not later than 3 working days following the meeting. 7.04 An International Staff Representative of the Union shall have the right of access to the workers at any time for the purpose of discussing Union business, provided that he first identifies himself at the office of the Company and provided also that the work in the plant is not thereby interfered with. The Union representative shall be escorted to and from the department he desires to visit. 7.05 Any difference or grievance arising directly between the Company and the Union may be submitted at a meeting between representatives of the Company and the Union called by either party on 5 days’ notice for that purpose. 7.06 At any stage of the Grievance Procedure, including arbitration, the conferring parties may have the assistance of the employee having a or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit all conferring parties to have access to the plant to view disputed operations and to confer with the necessary witnesses. 7.07 Any and all time limits set forth in this Article and Article 8 may, at any time, be extended by mutual agreement between the Parties hereto. 7.08 A grievance shall first take not be considered if 7 days have elapsed from the time when the matter in dispute occurred up with his/her committee person who to the time of presentation of the grievance to the ▇▇▇▇▇▇▇. Only under unusual circumstances will discuss said complaint with any grievance be considered by the supervisor concernedCompany when presented after this 7 day period. If For this purpose, unusual circumstances are defined to be restricted to plant shutdown, vacation period, absence from work due to leave of absence, personal illness or personal illness of ▇▇▇▇▇▇▇ to whom the complaint is not satisfactorily resolved within twenty-four (24) hoursgrievance must be presented. When any such unusual circumstances exist, the committee person will then submit grievance must be presented no later than 21 days after the grievance occurrence of the matter in dispute. 7.09 All decisions, which shall be rendered in writing, on a form to be supplied to at each level arrived at between the Company and the Union representatives shall be final and binding upon the Company, the Union and the employee or employees concerned. 7.10 The Company has the right to present a grievance against the Union, its officers, its members in the bargaining unit or other representatives for failure to comply with the terms of this Agreement. Any grievances presented by the supervisor. The supervisor Company shall give his/her decision be in writing to the committee person within two (2) working days representative of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of for the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestthe written grievance sent to the Secretary of the Union, and in the event that any grievance so presented by management is not settled within 5 working days after presentation, it will be subject to arbitration in the same manner as a grievance presented by an employee, a group of employees or the Union. Any grievance submitted by the Company shall be presented in writing within 5 working days from the time the act complained of did occur. 11.05 The following special procedure shall be applicable to 7.11 When a grievance alleging improper discharge or suspension derogatory notation is placed against the record of an employee. The grievance may , notice of such notation shall be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory given to the employee and the committeeman in his department. 7.12 When an employee is called to be disciplined, he shall be entitled to have a member of the Shop Committee present. In circumstances when the employee is considered a threat to the Company and/or other employees or it is detrimental to the unionoperations of the business as determined by the Company, the matter may then proceed on Company has the giving of right to discipline the prescribed notice of appeal to an impartial arbitrator selected as herein providedemployee, if a Shop Committee member is not readily available. 11.06 The term working days when used in this Agreement for grievance procedure, 7.13 An employee’s record shall exclude Saturdays, Sundays, holidays and vacations as defined hereinbe deemed to be cleared of all disciplinary notations which are more than 12 months old. 11.07 The grievance procedure outlined in this Agreement shall apply equally 7.14 Active employees can access their personal files only after establishing an appointment to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the companydo so.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 1. A grievance is defined as any difference or dispute concerning the interpretation, application, or claimed violation of any provision of this Article is Agreement, or of any Rutgers policy or any administrative decision relating to establish a procedure for wages, hours or other terms or conditions of employment of the settlement of all grievancesofficers as defined herein. 11.02 2. Any employee having grievance of an officer, or the FOP-S, shall be handled in the following manner, except that a grievance shall first take general grievance, one that may affect all or a group of officers, may be presented by the matter up with FOP-S at Step 3. Step 1 The grievant (an officer or the FOP-S on his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24behalf) hours, the committee person will then submit shall present the grievance in writing, on a form to be supplied writing within fifteen (15) working days after the occurrence of the event or the knowledge of the event out of which the grievance arises to the Company by lowest level of supervision that is appropriate to the supervisorgrievance. The supervisor Supervisor shall, within three (3) working days arrange a meeting with the officer and shall give his/her decision in writing attempt to adjust the grievance and shall have a written answer to the committee person officer and FOP-S within two five (25) working days after the meeting. The officer may be accompanied by a FOP-S representative at such meetings. Step 2 If the officer and/or the FOP-S is dissatisfied with the decision, the written grievance may be presented to the next level of authority within three (3) working days of the receipt of such decision. The Chief of the grievance. Should the employee appropriate campus or the union be dissatisfied his/her designee shall meet with the supervisor’s decision, officer and the Union may refer FOP-S representative (if the grievance to a meeting of the plant committee and representatives of management, who shall meet officer wishes such representation) within five (5) working days following receipt of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's grievance and shall render a written decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee officer and his/her representative within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) working days of such meeting. Copies of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator grievance and shall provide the other party with a copy of such request. 11.05 The following special procedure decision shall be applicable forwarded to a grievance alleging improper discharge or suspension the Office of an employee. The Labor Relations and to the President of the FOP-S. Step 3 If the officer and/or FOP-S is dissatisfied with the decision at Step 2, the written grievance may be lodged presented in writing through the Chairperson of the Committee to the management Office of Labor Relations within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.five

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose 6:01 Either the Hospital or the Union, or any Employee has the right to lodge a grievance with respect to any matter arising out of the interpretation, application or alleged violation of this Article is to establish a procedure for the settlement of all grievancesAgreement. 11.02 Any employee having 6:02 It is the mutual desire of the parties that complaints of the Hospital or of the Employees shall be adjusted as equitably as possible, and it is understood that an Employee has no grievance until he has first given his supervisor an opportunity to adjust his complaint. 6:03 If an Employee has an unsettled complaint within the terms of this Agreement, it may be taken up as a grievance within fourteen (14) calendar days after the circumstances giving rise to the grievance occur, in the following manner and sequence: Step 1: The aggrieved employee, who may be accompanied by the Shop ▇▇▇▇▇▇▇, shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit the grievance in writing, on a form to be supplied writing to the Company by the supervisorChief Engineer. The supervisor shall give his/her Chief Engineer will deliver a decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of full working days. Failing a settlement, the request for such meeting. The Union National Representative and/or President of the local union grievance may be in attendance at this meetingproceed to Step 2. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (Step 2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. : Within five (5) full working days following the Step 1 decision, the aggrieved employee and/or the Shop ▇▇▇▇▇▇▇ may submit the written grievance to the Director of Plant Operations, who will hold a meeting with the aggrieved employee, the Shop ▇▇▇▇▇▇▇ and the Chief Engineer. The Director will deliver a decision in writing within five (5) full working days. Failing settlement, the grievance may proceed to Step 3. Step 3: Within five (5) full working days following the Step 2 decision, the written grievance may be submitted to the Director of Human Resources, who will hold a meeting with the aggrieved employee, the Shop ▇▇▇▇▇▇▇, Union Representative, the Chief Engineer and the Director of Plant Operations. The Director of Human Resources will deliver a decision in writing within five (5) full working days. 6:04 Failing settlement under Step 3 of any difference between the parties arising from the interpretation application, administration or alleged violation of the giving of Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration as provided in Article 7. If no written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name request for Arbitration is common to both lists, either party may received within ten (10) days after the lists decision in Step 3 is given, it shall be deemed to have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such requestsettled or abandoned. 11.05 The following special 6:05 No adjustment effected under the grievance procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee made retroactively more than ten (10) days prior to the management within two (2) working days after date the receipt of the grievance. If the decision is not satisfactory to the employee grievance was formally discussed, or the union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein providedpresented. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude 6:06 Saturdays, Sundays, holidays and vacations as defined hereinStatutory Holidays will not be counted in determining the time within which any action is to be taken or completed under the Grievance Procedure or Arbitration Procedure. 11.07 The grievance procedure outlined in 6:07 Any and all time limits fixed by this Agreement shall apply equally to a grievance lodged Article and Article 7 may be at any time extended by a group of employees, or to a written agreement between the Hospital and the Union. 6:08 All decisions arrived at between the Hospital and the Union policy grievance. All grievance forms and appeal forms shall be supplied by final and binding upon each party and the companyEmployee(s) concerned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose of this Article is to establish a procedure for the settlement of all grievances.7:01 Step One Step Two 11.02 Any employee having a 7:02 A grievance shall first take the matter up with his/her committee person who will discuss said complaint with the supervisor concerned. If the complaint is not satisfactorily resolved within twenty-four (24) hours, the committee person will then submit be deemed to be waived unless the grievance in writing, on a form to be supplied to the Company is referred by the supervisor. The supervisor shall give his/her decision in writing to the committee person within two (2) working days of the receipt of the grievance. Should the employee or the union Union to the Company within thirty (30) calendar days from the date of the occurrence of the grievance. 7:03 A grievance affecting more than one (1) employee may be dissatisfied submitted, in writing, by the employees concerned, or the Union, at Step Two of the grievance procedure. 7:04 A grievance by the Company may be submitted to the Union within thirty (30) calendar days from the date of occurrence together with a written request by the Company for a meeting with the supervisorUnion’s decision, Grievance Committee. The meeting will take place within seven (7) calendar days from the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of date the request for such meetingwas initiated. The Union National Representative and/or President Grievance Committee will render their decision in writing within seven (7) calendar days from the date of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or Company, they may take the union, the matter may then proceed on the giving of the prescribed notice of appeal grievance to an impartial arbitrator selected arbitration as herein provided. 11.06 7:05 Where a grievance is not settled under the preceding Sections of this Article, including the question of whether or not a grievance is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, within thirty (30) calendar days notify the other party, in writing, of its intention to submit the grievance or allegation to arbitration and the notice shall contain the names of the first party’s appointee to the Board. The term working recipient of the notice shall, within seven (7) calendar days, advise the other party of its appointee to the Board. 7:06 The two (2) appointees so selected shall, within seven (7) calendar days when used of the appointment of the second of them, appoint a third person who shall be the Chairperson of the Arbitration Board. If the recipient of the notice fails to appoint an Arbitrator or if the two (2) appointees fail to agree upon a Chairperson within the time limits provided, then the appointment shall be made by the Minister of Labour upon request of either party. The decision of the Arbitration Board shall be final and binding upon both parties. 7:07 A grievance by an employee who claims to have been unjustly discharged shall be submitted, in writing, at Step Two of the grievance procedure within fifteen (15) calendar days from the date of discharge. 7:08 Time limits involving the processing of a grievance may be extended by mutual agreement between the Company and the Union. 7:09 Failure by the Company to reply to grievances within the time limits provided in this Agreement for article or within any agreed upon time extension will result in the griever or grievers being awards the grievance procedureif the company is tardy. If, shall exclude Saturdayshowever, Sundaysthe Union is tardy, holidays the grievance will become null and vacations void.The parties agree that article 7.09 will be in effect on a trial basis until December 31, 2019. At that time the Company may make a decision to revert to the language as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.follows:

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 11.01 The purpose A grievance under this Agreement is a dispute, claim or complaint arising under and during the term of this Article Agreement, and is limited to establish a procedure for matters of interpretation or application of express provisions of the settlement of all grievances.Agreement. The following shall be the grievance procedure: 11.02 Any A. Not later than ten (10) working days after occurrence, an employee having shall inform their immediate Supervisor they have a grievance concerning their employment. The Supervisor shall first take the matter up with his/her committee person who will discuss said complaint meet with the supervisor concernedemployee within the next three (3) working days for a discussion of the grievance in an attempt to resolve the matter. If the complaint is not satisfactorily resolved within twenty-four (24) hoursaggrieved employee wishes, the committee person aggrieved employee may have their ▇▇▇▇▇▇▇ assist them in their oral presentation. The Supervisor will then provide a response within three (3) working days after oral presentation to the aggrieved. A. If the aggrieved employee does not receive a satisfactory answer from their Supervisor, they may submit the grievance in writing, on a written form to their Supervisor or designee, for a written decision, provided the submission is made within the five (5) working days following an unsatisfactory answer. If the aggrieved employee wishes, they may have their ▇▇▇▇▇▇▇ assist them in the written presentation. The written grievance must specify 1) the Section and Paragraph of the Agreement allegedly violated, 2) date of occurrence of each alleged violation, 3) manner of alleged violation, and 4) the adjustment requested. B. Upon receipt of the written grievance, the Supervisor or designee, shall set a place and time within seven (7) working days for a grievance hearing. If the aggrieved employee wishes, they may have their ▇▇▇▇▇▇▇ assist them at the grievance hearing. Whether or not their ▇▇▇▇▇▇▇ assists at the grievance hearing, the ▇▇▇▇▇▇▇ and the appropriate Chief ▇▇▇▇▇▇▇ shall each receive a copy of the written decision. The Supervisor or designee must provide the written response within five (5) working days after the Step 2 grievance hearing. A. If the aggrieved employee does not receive a satisfactory written answer, the written grievance may be supplied submitted to the Company by University Labor designee to form a three-person Review Committee, provided the supervisoraggrieved employee's submission to the University Labor designee is made within ten (10) working days following an unsatisfactory answer. B. Upon receipt of the written grievance, the University Labor designee and the Union shall set a mutually agreeable time and place within ten (10) working days for a discussion of the grievance with the intent of both parties to resolve the issue. The supervisor shall give his/her decision in writing to Union may have the committee person within Local President or Chief ▇▇▇▇▇▇▇ and not more than two (2) employees or non-employees at the grievance hearing. Whether or not the Chief ▇▇▇▇▇▇▇ assists in the preparation of the grievance, the Local President and Chief ▇▇▇▇▇▇▇ shall receive a copy of the written decision. C. The University Labor designee shall inform the Union in writing within fifteen (15) working days of the receipt of the grievance. Should the employee or the union be dissatisfied with the supervisor’s decision, the Union may refer the grievance to a meeting of the plant committee and representatives of management, who shall meet within five (5) days of the request for such meeting. The Union National Representative and/or President of the local union may be in attendance at this meeting. 11.03 Management's decision relating to the grievance shall be in writing and, if not rendered during the conference, shall be rendered to the Chairperson of the Committee within two (2) working days after the holding of the conference. 11.04 If management's decision is not satisfactory to the employee or the union, it may be referred to an arbitrator, provided written notice of the party's intention to refer the dispute to an arbitrator is given to the other party within ten (10) days after management's decision. Within five (5) days of the giving of written notice, both parties will exchange lists of three (3) proposed arbitrators. In the event that no name is common to both lists, either party may within ten (10) days after the lists have been exchanged request the Minister of Labour of Ontario to appoint an arbitrator and shall provide the other party with a copy of such request. 11.05 The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an employee. The grievance may be lodged in writing through the Chairperson of the Committee to the management within two (2) working days after the receipt of the grievance. If the decision is not satisfactory to the employee or Union, and if the uniongrievance is arbitral under Section 9 of this Agreement, the matter it may then proceed on the giving of the prescribed notice of appeal be referred to an impartial arbitrator selected as herein providedarbitration. 11.06 The term working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. 11.07 The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of employees, or to a Union policy grievance. All grievance forms and appeal forms shall be supplied by the company.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement