GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof. a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee. b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below. 12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented. 12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting. 12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form. 12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed. 12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2. 12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 9.1 Union policy grievances shall commence at Step 2 of the grievance procedure. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement, or when an employee claims that he has been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the following manner:
STEP 1 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital aggrieved employee or the Association Unit Chair shall not be required to consider or process present the grievance, for any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted non- disciplinary matter, in writing to the employee’s satisfaction local manager within seven (7) 14 calendar days following the cause of being discussed with the immediate supervisorgrievance. The grievance must include all of the details of the cause of the grievance. Such local manager will render a decision in writing, it may be taken up as a grievance as set out belowoutlining the reasons for the decision, within 14 calendar days following receipt of the written grievance.
12.03 STEP 2 If the non-disciplinary grievance is not settled at Step 1 The employee will1, accompanied by the Union Vice-President or the Union designate may appeal the decision in writing, giving his reasons for the appeal, to the Regional Manager, within 14 calendar days following receipt of the decision rendered in Step 1. Such Company officer will render a ▇▇▇▇▇▇▇ decision in writing, giving his reasons for the decision within 14 calendar days following receipt of the appeal.
STEP 3 If the non-disciplinary grievance is not settled at Step 2, the Union Vice-President or an OPAA representative if desiredthe Union designate may appeal the decision in writing, submit giving his reasons for the appeal, to the Company Vice President, within 28 calendar days following receipt of the decision rendered in Step 2. Such Company officer will render a decision in writing, giving his reasons for the decision within 28 calendar days following receipt of the appeal. A grievance with respect to discipline shall commence at Step 2 of the grievance in writing to their immediate supervisor procedure within seven (7) 28 calendar days of the supervisor's unsatisfactory replynotice of discipline. The A grievance with respect to dismissal shall identify the nature commence at Step 2 of the grievance, the remedy sought, and should specify the provisions grievance procedure within 42 calendar days of the Agreement which are alleged to have been violateddismissal. The supervisor will deal with Union policy grievances shall commence at Step 3 of the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presentedprocedure.
12.04 Step 2 STEP 4 If the grievance is not settled under at Step 13, it may then be filed referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the Hospital at Step 2 rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within seven (7) 28 calendar days following receipt of the decision under in Step 1 3, or the due date of such decision if not received.
9.2 Upon mutual agreement the parties agree to consider using Labour Canada Mediation services as an option to arbitration.
9.3 The arbitrator’s decision shall be final and bind the Company, the Union, and the employee(s) concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to render any decision incompatible with the provisions of this Agreement, nor to consider any matter not pertaining to the present Agreement.
9.4 When a grievance is not progressed by the Union within seven (7) calendar days the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the day this Company fails to render a decision at Step 1 should have been madewithin the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such a decision was due, except as otherwise provided in Clause 9.4. The parties In the event the Company fails to respond to a grievance within the prescribed time limits, the Union may process the grievance from that point onward in accordance with the procedures herein except that the time limits in respect of that grievance from that point onward shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed be directory.
9.5 When a grievance based on a claim for unpaid wages is not progressed by the partiesUnion within the prescribed time limits, to discuss it shall be considered as dropped. When the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages appropriate officer of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves Company fails to render a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used decision with respect to such a grievance directly affecting an employee which they could have instituted themselves and claim for unpaid wages within the regular grievance procedure prescribed time limits, the claim will be paid. The application of this rule shall not be thereby bypassedconstitute an interpretation of the Collective Agreement.
12.07 9.6 The release or discharge of a probationary employee shall not time limits specified herein may be the subject extended by mutual agreement.
9.7 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing.
9.8 Prior to adjudication or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged final disposition of a grievance there shall be treated as neither a grievance. Such grievance shall be originated at Step 2shutdown by the Company nor a work stoppage by employees.
12.08 By mutual agreement, 9.9 All time limit restrictions in Article 6 and Article 9 will be automatically extended between the parties may extend the time limits set out aboveperiod of December 22 and January 5 inclusive each year.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 6.01 The parties to this Agreement recognize the stewards Union and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances Company agree it is important that differences are brought forward quickly and receive settlement thereofthat sincere efforts are made to resolve them without undue delay.
a. The Hospital 6.02 If a difference arises between an employee and the Company over the interpretation, application, administration or the Association shall not be required alleged violation of this Agreement, the employee and the immediate supervisor must first meet as soon as possible and attempt to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after resolve the subject of such grievance occurreddifference informally. At no time may If an employee or group of employees file a grievance on behalf of another employeedeems it necessary, the employee may request to be accompanied by the Area Union ▇▇▇▇▇▇▇.
b. It is understood that an 6.03 The employee shall first give their immediate supervisor may refer the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted difference to the employee’s satisfaction within seven (7) calendar days Manager of being discussed Human Resources or designate if it concerns sensitive personal issues, which the employee does not want to discuss with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The 6.04 If the difference has not been settled informally, or the employee will, accompanied by has not received a reply from the supervisor within five (5) days the employee will review it with the Area Union ▇▇▇▇▇▇▇ or an OPAA representative if desiredwho will advise the employee on whether to proceed to file a formal grievance. If the employee decides to proceed, submit the difference will be presented as a grievance in writing to their the immediate supervisor or, in the case of sensitive personal issues, to the Manager of Human Resources or designate. All grievances must be in writing, signed by the employee and presented within seven five (75) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following from the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 response has or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet given and within seven twenty-one (721) calendar days from the date the employee knew or should reasonably have known of this filing, or at such other time as mutually agreed by the parties, circumstances giving rise to discuss the grievance. The Hospital shall notify the grievor employee and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a Area Union ▇▇▇▇▇▇▇ will meet with the Manager, or an OPAA designate, and one other Company representative on behalf to review, discuss and attempt to resolve the grievance. If the Area Union ▇▇▇▇▇▇▇ is absent, the nearest Area Union ▇▇▇▇▇▇▇ may attend. This meeting must occur within five (5) days of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages presentation of the grievance procedure commencing and the employee must be given the written Company answer to the grievance within seven (7) days of the meeting, with Step 1a copy to the Area Union ▇▇▇▇▇▇▇. If the grievance is denied, the answer must be accompanied by a written Company Grievance Report detailing the Company position and the facts it agrees with or disputes in connection with the grievance.
6.05 All settlements of differences during the informal process or grievances at the first stage will be without prejudice or precedent to any future cases.
6.06 Failing settlement at the first stage, the employee, after consultation with the Area Union ▇▇▇▇▇▇▇, may wish to have the grievance considered at a meeting of the Grievance Settlement Committees of the parties. In that event, the grievance must be referred to both committees within seven (7) days after the Company answer was given, or should have been given, at the first stage accompanied by a written Local Union Grievance Report detailing the Local Union position and the facts it agrees with or disputes in connection with the grievance. The grievors shall committees will meet every thirty (30) days, if necessary, or more frequently as agreed to between the parties, to consider all grievances referred to them. The committees will adopt a problem solving approach in dealing with the grievances. It is hoped that the matter will be listed on resolved at the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to meeting, but, in any event, the interpretation, application or administration Company will advise the Local Union and the Employee in writing of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, decision within fourteen (14) calendar days following of the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedmeeting.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 8.01 It is the mutual desire of the parties to adjust complaints and grievances as quickly as possible. Complaints arising from the interpretation, application, administration or an alleged violation of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 Agreement, shall be defined as the agents through which employees shall process their grievances and receive settlement thereof.
a. dealt with as hereinafter provided. However, it is understood that a nurse has no grievance until she has given the Director of Care an opportunity of adjusting her complaint. Such complaint shall be discussed verbally with the Director of Care within fourteen (14) calendar days after the date upon which the circumstances giving rise to the grievance originated or occurred. Failing satisfactory resolution within seven (7) calendar days by the Director of Care, the grievance shall be processed and dealt with in accordance with the terms and provisions of this Article. The Hospital nurse shall submit a written grievance, signed by her, to the Director of Care or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than her designate within seven (7) calendar days after the subject date upon which the Director of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor Care gave her reply to the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it The nurse may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied assisted by a ▇▇▇▇▇▇▇ or an OPAA the nurse representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replyshe so desires. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions sections of the Agreement which are alleged to have been violatedviolated shall be set out in the grievance in the prescribed form. The supervisor will deal with the grievance and will notify the grievor and the Association representative Director of the Care shall deliver her decision in writing within seven (7) calendar days following the date day on which the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1presented to her. Failing settlement, it may be filed with the Hospital at Step 2 within then: Within seven (7) calendar days of following the decision under Step 1 One, the nurse shall submit the written grievance to the Administrator or within seven (7) calendar days of the day this decision at Step 1 should have been madehis designate. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor A meeting will then be held between Management and the Association of its decision in writing within nine (9) calendar days following nurse representative and the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, nurse involved within fourteen (14) calendar days following the circumstances giving rise advancement of the grievance to this step. The Labour Relations Officer of the Association may attend such meeting as may an outside consultant for Management. The decision of the Administrator or his designate shall be given in writing after consultation with the Board of Management where necessary within fourteen (14) calendar days of the Step Two meeting, or such additional period as is necessary to permit consultation with the Board of Management, which shall not, however, exceed fourteen (14) calendar days. In the event the decision of the Administrator or his designate is not satisfactory to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreementgrievor, the parties grievor may extend refer the time limits set out abovematter to arbitration in accordance with the provisions of this Agreement.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 7.01 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 this Agreement recognize Agreement, including any question as to whether a matter is arbitrable.
7.02 It is the stewards and mutual desire of the OPAA representatives specified in Article 5 as the agents through which parties hereto that complaints of employees shall process be adjusted as quickly as possible, and it is understood that an employee has no grievance until they have first given their grievances and receive settlement thereof.
a. The Hospital or immediate Supervisor the Association opportunity of adjusting their complaint. If an employee has a complaint, such complaint shall not be required to consider or process any grievance which arises out of any action or condition more than seven discussed with their immediate Supervisor within fourteen (714) calendar days after the subject of such grievance circumstances giving rise to the complaint have originated or occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the immediate Supervisor is unable to adjust a complaint is not adjusted to the employee’s their mutual satisfaction within seven five (75) calendar days, the employee may proceed with the grievance procedure within fourteen (14) calendar days following the decision of being discussed the immediate Supervisor. Any employee is entitled, upon request, to have a CAW Committeeperson present with them when meeting with the immediate supervisor, it may be taken up as a grievance as set out belowSupervisor to attempt to adjust their complaint.
12.03 Step 1 7.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee willemployee, accompanied by with the assistance of a ▇▇▇▇▇▇▇ or an OPAA representative CAW Committeeperson, if desired, must submit a written grievance signed and dated by the grievance in writing employee, to their immediate supervisor within seven (7) calendar days The Manager of the supervisor's unsatisfactory replyLabour Relations or designate. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions section or sections of the Agreement which are alleged to have been violatedviolated shall be set out in the grievance. The supervisor Manager of Labour Relations will deal with the grievance and will notify the grievor and the Association representative of the deliver their decision in writing five (5) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken. In the event that the response in Step 1 is not satisfactory, within seven five (75) calendar days following the date decision, the grievance was presented.
12.04 Step 2 If must be re-submitted to the grievance is not settled under Step 1Manager, it may Labour Relations (or designate) to be filed with discussed at a meeting between the Hospital at Step 2 Manager, Labour Relations (or designate), the said Committee person, the grievor(s) and the Union Grievance Committee within seven five (75) calendar days of receipt of the decision under Step 1 grievance. Either party may have assistance from outside the Hospital at this stage if desired. The Manager, Labour Relations (or designate) shall give written disposition within seven five (75) calendar days of the day this decision at Step 1 should have been madeof such meeting. The parties shall meet Failing settlement, either party may submit the matter to arbitration within seven ten (710) calendar days of this filing, or at after the reply in Step 2 is given. If no written request for arbitration is received within such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine ten (910) calendar days following day period, the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise deemed to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2abandoned.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 9.01 It is the mutual desire of the parties to this Agreement recognize that the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out complaint of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. shall be resolved as promptly as possible. It is understood that an employee shall has no grievance until he has first give their discussed his complaint with his immediate supervisor the Supervisor and afforded him an opportunity of adjusting the employee’s to endeavour to adjust his complaint. If an employee has a complaint he shall discuss it with his immediate Supervisor within five (5) working days after the circumstances giving rise to the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisorhave originated or occurred. Failing settlement, it may be taken up as a grievance as set out below.
12.03 Step 1 within five (5) working days following advice of the immediate Supervisor’s decision in the following manner and sequence: The employee willshall submit a written grievance signed by him to his immediate Supervisor. The grievance shall specify the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. The immediate Supervisor shall submit his answer in writing within five (5) working days following the day on which the grievance was presented to him. Failing settlement, accompanied by then: Within five (5) working days following the decision under Step I, the employee shall submit the written grievance to the Director of the Programme or designate who shall review the grievance and render a decision in writing within five (5) working days from the date on which the grievance is presented to him. Failing settlement, then: Within five (5) working days following the decision under Step II, the employee shall submit the written grievance to the Executive Director or designate. The Executive Director or designate will meet with the grievor and the ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit from the appropriate area to review the grievance in writing to their immediate supervisor within seven five (75) calendar days of receiving the supervisor's unsatisfactory replygrievance at this step. The grievance Executive Director shall identify have such counsel and assistance as he may desire at this meeting as may the nature Union request the presence of the grievanceUnion staff representative. Failing settlement, the remedy sought, and should specify the provisions decision of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision Executive Director or designate shall be delivered in writing within seven five (75) calendar working days following from the date on which the grievance meeting was presentedconvened.
12.04 Step 2 If 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 settled under Step 1arbitrable, it the grievance may be filed with submitted to arbitration as hereinafter provided. If no written request for arbitration is received within five (5) days from the Hospital at Step 2 within seven (7) calendar days date of the decision under Step 1 or within seven (7) calendar days III above is given, the grievance shall be deemed to have been settled.
9.03 All agreements reached under the grievance and arbitration procedure between the representatives of the day Employer and the representatives for the Union, shall be 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 decision at Step 1 should have been madegrievance procedure. The parties However, any such agreement shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed be in writing and acknowledged by the parties.
9.04 For the purposes of this Agreement, to the words “working days” shall not include Saturdays, Sundays or paid holidays.
9.05 Where a grievance has been filed by an employee the Employer shall not discuss the grievance. The Hospital shall notify grievance with the grievor and without the Association presence of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a Union ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have unless the same complaintemployee requests to speak to the Employer without representation. Such grievances must be dealt with at successive stages At each step of the grievance procedure commencing with Step 1. The grievors shall be listed on procedure, the Employer will mail the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating response to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct homes of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves grievor and the regular grievance procedure shall not be thereby bypassed▇▇▇▇▇▇▇.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize A grievance is a dispute between the stewards City and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital Union or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a as to the interpretation, application, violation, to include discipline, of any terms or provisions of this Agreement or the departmental rules and regulations. A grievance may be initiated either by the Union on behalf of another an employee or group of employees within the bargaining unit or by the aggrieved employee and must be signed by either a Union representative or such aggrieved employee. The grievance procedure set forth herein is intended to be the sole basis and sole procedural remedy for dispute resolution of all matters concerning the interpretation, application or violation of any terms or provisions of the Agreement, or of any disciplinary matters, between the City and the Union. Except as otherwise provided herein, the Union specifically elects to utilize the grievance procedure set forth in this Section for dispute resolution of all matters covered by this Agreement, to include all disciplinary matters involving employees in lieu of statutory remedies involving the appeal to the Civil Service Commission. The following procedures shall be utilized for the handling of grievances: failure to respond at any step within the designated time period will automatically progress the grievance to the next step. All grievances should be presented at the place where the grievance occurred.
Step 1: The grievant shall attempt to resolve any grievance with the officer concerned on an informal oral basis within ten days of occurrence constituting the grievance or within ten days after it becomes known to the employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint1. If the grievance involves a complaint is of assignment to non-emergency work, not adjusted to directly connected with fire fighting or emergency medical service, the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days Union on behalf of the supervisor's unsatisfactory reply. The grievance shall identify employee may notify the nature Safety Director of the grievance, the remedy sought, and should specify the provisions existence of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify request the grievor and Safety Director to suspend the Association representative assignment. The Safety Director shall have the discretion to suspend or not suspend the assignment; his determination with regard to suspending of the decision in writing within seven (7) calendar days following the date the grievance was presentedassignment shall not be appealable.
12.04 Step 2 2: If the grievance is not settled under resolved at Step 1, it may be filed with the Hospital grievant shall present the grievance in writing within ten (10) days after an attempt for resolution has failed, to the Chief. The Chief shall make a decision in writing within five (5) days following the date of a discretionary hearing, but no later than eight (8) days after filing of their grievance, whichever occurs later, and shall submit his written decision to the Safety Director, Division Chief, Battalion Chief, Union Representative, and grievant. If the grievance is unresolved at Step 2, then the grievance shall be presented to the Union Screening Committee for a merit review prior to initiating any further steps in this process. Should the committee recommend further appeal, the grievance will move to Step 3. Should the committee deny further appeal, the grievance shall be considered to have been resolved.
Step 3: The Union, on behalf of the grievant, may appeal in writing within ten (10) days after receipt of the written decision of the Chief in Step 2 to the Safety Director or his designated representative. The Safety Director or his designee shall hold an open meeting concerning the grievance within ten (10) days from receipt of the written appeal unless any of the parties thereto object to an open meeting. The Director or his designee shall render his decision within ten (10) days from the date of the meeting, with copies to the Union representative and grievant. In the event that more than ten (10) grievances are pending at any one time, then the time limit for the holding of the meeting shall be extended to not less than ten (10) days or to such larger amount of time as the parties may agree.
Step 4: In the event that the grievance is not resolved through Step 3, the Union may request arbitration of the grievance within thirty (30) days from the decision of the Safety Director or his designee by making written request for arbitration delivered to the Safety Director. If either party requests arbitration in writing and the other party fails or refuses within ten (10) days of receipt of the written request for arbitration to agree to arbitrate, the party failing or refusing to arbitrate shall forfeit its case and the demand of the party requesting the arbitration shall be deemed to have been granted. Within five (5) days after the parties have agreed to arbitrate a dispute, the parties shall meet to select an arbitrator by mutual agreement. If such an agreement is not reached, the parties shall jointly notify the American Arbitration Association of the arbitration and request the submission of a list of arbitrators. Within seven (7) calendar days following receipt of the decision under Step 1 or within seven (7) calendar days list of names of arbitrators, the employer and the Union shall meet to select an arbitrator from the list. The selection of the day this decision arbitrator shall be done either by mutual agreement of the parties in writing, or if no agreement can be reached, by each party alternately striking one name from the list until only one name remains. The side to strike the first name shall be chosen by lot. The arbitration shall be conducted pursuant to the rules and standards utilized by the arbitrator. All expenses involved in the arbitration proceedings shall be the responsibility of the party in which the arbitrator rules against. However, expenses relating to the calling of witnesses or the obtaining of depositions shall be borne by the party at Step 1 should have been madewhose request such witnesses or depositions are required. Transcripts shall be at the expense of the party who orders the hearing testimony typed but the parties shall equally divide the cost of the appearance of any court reporter retained. A Court Reporter shall be required if either party so requests. The parties may agree to tape record the arbitration hearing in lieu of the use of a court reporter. Time limits may be waived by mutual consent in writing. The decision of the Arbitrator shall meet within seven (7) calendar days be final and binding on the parties. The Arbitrator shall not have the power to add to or subtract from or modify any of the terms of this filing, or at such other time as mutually agreed Agreement. The grievant may be represented by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed union representative or by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with his individually retained legal counsel at successive stages all steps of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance formprocedure.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to For the purpose of this Agreement recognize policy, a formal complaint shall be a written statement by a staff member that a disagreement exists over the stewards application of the Mountain View School District Board Policy. All formal complaints shall contain a concise statement of the disagreement and the OPAA representatives specified policy/policies which is/are allegedly violated. Every effort shall be made to settle the formal complaint at the lowest possible level of the formal complaint procedure. Formal complaints will be processed in Article 5 as the agents through which employees following manner and within the stated time limits. When school is not in session, “days” shall process their grievances and receive settlement thereofmean work week days exclusive of federal holidays.
a. The Hospital or Step 1 - A staff member shall promptly attempt to resolve the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after complaint informally between the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaintstaff member and his/her principal. If the complaint is not adjusted resolved informally, it shall be reduced to writing by the staff member who shall submit it to the employee’s satisfaction within seven (7) calendar days of being discussed principal. If a staff member does not submit his/her formal complaint to the principal in writing in accordance with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 within fifteen (15) days after the facts upon which the complaint is based first occurred, the complaint will be deemed waived. The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance principal will reply in writing to their immediate supervisor the staff member within seven ten (710) calendar school days after receipt of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presentedwritten formal complaint.
12.04 Step 2 - If the grievance formal complaint is not settled under in Step 11 and the staff member wishes to appeal the formal complaint to Step 2, it the staff member may be filed with file the Hospital at Step 2 formal complaint in writing to the Superintendent of schools within seven ten (710) calendar school days after receipt of the decision under Step 1 or within seven (7) calendar days principal's written answer. The written formal complaint shall give a clear and concise statement of the day this decision at Step 1 should have been madealleged complaint including the fact upon which the complaint is based, the issues involved, the policy provisions involved, and the relief sought. The parties Superintendent or his/her representative shall meet within seven thoroughly review the formal complaint, arrange for necessary discussions, and give a written answer to the staff member no later than twenty (720) calendar school days after receipt of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetingwritten formal complaint.
12.05 A Group grievance Step 3 - If the formal complaint is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated not settled at Step 2, bypassing Step 1the staff member may within five (5) days after a decision by the Superintendent, within fourteen (14) calendar days following refer the circumstances giving rise formal complaint to the Board of Trustees through the Superintendent. The Board will then at their next available meeting, hear the formal complaint. The Step 3 formal complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, on the basis of Step 2. Neither party shall be permitted to assert in the case proceedings any evidence which was not submitted to the other party before the completion of Step 2 meetings. The Board may uphold, modify, or overturn the ruling of the Superintendent. Upon conclusion of the hearing, the Board will have ten (10) days to provide its written decision to the staff member. The Board will attempt to hear formal complaint(s) outside of school hours. If the Board finds it necessary to hear a formal complaint during school hours, the staff member filing the complaint and necessary witnesses shall suffer no loss of pay for attendance at the Board's hearing. Each party shall bear all costs of producing their own witnesses, preparation of exhibits and other materials, including the production of a Hospital policy grievancerecord or transcript of the proceeding unless such record or transcript is desired by both parties. Procedure By - Pass Formal Complaints involving more than one employee, formal complaints involving an administrator above the building level or those formal complaints promulgated by the Hospital Board may be initially filed at Step 2 or their representativeStep 3. It is expressly understood that Non - Reprisal Clause No reprisals of any kind shall be taken by the policy grievance process may not be used Board or the administration against any employee because of the employee’s participation in this formal complaint procedure. Formal Complaint Files All documents, communications, and records dealing with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge processing of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged formal complaint shall be treated as a grievancemaintained separately from the personnel files of the participant(s). Such grievance shall Withdrawal of Formal Complaint A formal complaint may be originated withdrawn in writing at Step 2any level without establishing precedent.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 4 contracts
Sources: Negotiated Contract Agreement, Negotiated Contract Agreement, Negotiated Contract Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize 16.1 Where a difference arises between the stewards Employer and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital Union or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question Local Union relating to the interpretation, application or administration of this Agreement andor where an allegation is made that discharge of an employee is unjust or that this Agreement has been otherwise violated, when submitted the difference of opinion or dispute, including any question as to whether a matter is arbitrable, shall be resolved without stoppage of work in the following manner.
16.2 The Job ▇▇▇▇▇▇▇ or Business Manager, or the Business Representative under the direction of the Business Manager, of the Local Union shall attempt to resolve the difference on the job with the ▇▇▇▇▇▇▇ or Superintendent of the Employer.
16.3 If the difference is not resolved within five (5) working days of the occurrence, the aggrieved party shall submit the difference and the remedy sought in writing to the Executive Director of the Association and the International Representative of the Union within sixty (60) 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.
16.4 Upon receipt of the matter complained of in writing, the Executive Director and the International Representative shall take such steps within forty-eight (48) hours as they deem necessary to attempt to adjust such difference of opinion or dispute. If the difference is not resolved within five (5) days of receipt of written submission, the Executive Director and the International Representative may, upon mutual agreement of the parties, refer the matter to a Pipeline Industry Grievance Panel.
16.5 Where the parties agree to refer the matter to a Pipeline Industry Grievance Panel, such Panel shall be drawn from among the regular and alternate members of the Canadian Pipeline Advisory Council or their designated substitutes. The Chairman of the Advisory Council shall appoint two (2) representatives of the participating Unions and the Chairman of the National Labour Relations Committee shall appoint two (2) representatives of the participating Association Members to serve on the Panel. In no case and at no time shall representatives of the Union or the Employer involved in the grievance be appointed to the Panel.
16.6 The Pipeline Industry Grievance Panel shall meet and render a decision within five (5) days of appointment. A unanimous decision of the Panel shall be final and binding.
16.7 In the event that the parties do not agree to the Panel procedure or the Panel arrives at a majority decision which either party to the dispute is unwilling to accept, or the Panel is unable to arrive at a decision within the prescribed time limits, the matter shall be referred to an Arbitration Board consisting of two (2) members, one to be named by the Hospital, can relate Employer and one by the Union. These two (2) members shall choose a third member as Chairman. If either party to the conduct of the Associationdispute fails to appoint its member or if no third member can be agreed upon within forty-eight (48) hours, its representatives or stewards. A policy grievance then application shall be originated at Step 2, bypassing Step 1, made to the appropriate governmental authority over labour matters for the appointment of a person to represent the defaulting party or a third member to act as Chairman. The Arbitration Board shall meet and render its decision within fourteen (14) calendar days following days, however, this time limit may be extended by mutual consent. The decision of the circumstances giving rise to majority of the complaint or grievance. Such policy grievance Arbitration Board shall be signed final and binding. If there is no majority decision, then the decision of the Chairman shall constitute the decision of the Board. Each party shall bear the expense of its appointee and both parties shall share equally the expense of the Chairman.
16.8 The time limitations specified herein may be extended only by an OPAA representative or, in mutual agreement of the case parties or by order of a Hospital policy the Chairman of the Arbitration Board.
16.9 Pending settlement of any grievance, by the Hospital or their representative. It it is expressly understood agreed that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged work shall be treated as a grievance. Such grievance shall be originated at Step 2prosecuted without slowdown, work stoppage or lockout.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 4 contracts
Sources: Distribution Agreement, Distribution Agreement, Master Agreement
GRIEVANCE PROCEDURE. 12.01 The parties 25.01 A grievance is defined as a complaint relating to the interpretation, application, administration or alleged violation of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofAgreement.
a. The Hospital or 25.02 It is the Association mutual desire of the parties that grievances shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredadjusted as quickly as possible. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall has no grievance until he or she has first give their given his or her immediate supervisor an opportunity to adjust the opportunity of adjusting complaint. Any complaint shall be discussed with the employee’s complaintsupervisor concerned within five (5) working days after the circumstances giving rise to the complaint occurred or originated. If the supervisor is unable to adjust the complaint is not adjusted to the employee’s 's satisfaction within seven five (75) calendar days of being discussed working days, the employee may proceed with the immediate supervisorgrievance procedure at Step 1.
25.03 The reference to days in this Article excludes Saturdays, it Sundays and public holidays. Time limits mentioned in this Article may be taken up as a grievance as set out belowextended with the written consent of both parties.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ 25.04 No grievance shall be considered or an OPAA representative if desired, submit processed where the circumstances giving rise to it occurred or originated more than five (5) working days before the grievance in writing is brought to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged attention pursuant to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presentedArticle 25.02 above.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the 25.05 A "group grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance " is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative a Union Representative on behalf of a group of employees who have the same complaint. Such grievances a grievance must be dealt with at successive stages of the grievance procedure procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a group grievance.
12.06 A Policy 25.06 The Union may initiate a policy grievance is defined as one or the Employer may initiate a grievance beginning at Step 2 of the grievance procedure. Such a grievance must be filed within ten (10) working days from the date on which involves a question relating the incident giving rise to the interpretation, application grievance became known or administration of this Agreement and, when submitted by should have become known and shall be in the Hospital, can relate to form prescribed in Step 1. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the conduct of the Association, its representatives or stewardsregular grievance shall not therefore be bypassed. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise signed by a Union Representative and submitted to the complaint Employer. An Employer grievance shall be submitted by the Employer to a Union Representative or grievance. Such policy grievance to a ▇▇▇▇▇▇▇ and shall be signed by an OPAA a representative or, in of the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedEmployer.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at 25.07 Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.1
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties a. Step 1 – Assistant Superintendent level (informal) A grievant shall informally discuss a grievance with the Assistant Superintendent within ten (10) workdays after the grievant knew or should have known of the act or condition upon which the complaint is based. Failure to this Agreement recognize reach a mutually satisfactory resolution may be cause for the stewards and grievant to refer the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofgrievance to step 2.
a. The Hospital b. Step 2 – Assistant Superintendent level (formal written) An employee or the Association shall not be required union, wishing to consider process a grievance at step 2 will do so in writing to the Assistant Superintendent within ten (10) working days from the conclusion of the discussions at step 1 or process any grievance which arises out of any action or condition more than seven within ten (710) calendar work days after the subject grievant knew or should have known of such grievance occurred. At no time may an employee the act or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If condition upon which the complaint is not adjusted to the employee’s satisfaction within seven has been based (7) calendar days of being discussed with the immediate supervisor, if it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit has been mutually agreed that the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replyshall be initiated at Step 2). The grievance shall identify be specific in nature and shall state the remedy requested. The Assistant Superintendent shall establish a formal conference on the matter and whenever a grievance is filed by an employee without the union the Assistant Superintendent shall notify the union and shall give the union the opportunity to be present and to state the views of the union. The aggrieved employee and the union shall be given at least two (2) working days notice of said conference. The Assistant Superintendent shall respond in writing ten (10) workdays from the date the formal grievance is filed. The Assistant Superintendent’s decision shall be presented in writing to both the employee and the union.
c. Step 3 – Superintendent level If a settlement is not reached at step 2 the employee or the union may present the grievance to the Superintendent of Schools within five (5) working days after the decision has been rendered at step 2. The grievance must be submitted in writing stating the specific nature of the grievance, grievance and the remedy sought, requested and should specify the provisions shall include a copy of the Agreement which are alleged to have been violatedstep 2 decision. The supervisor will deal Superintendent may schedule a meeting at a mutually convenient time to discuss the grievance with the grievance and will notify the grievor employee and the Association representative of union. Both parties reserve the decision right to include consultants in any such meeting. The Superintendent shall respond in writing together with supporting reasons to the employee and the union, within seven ten (710) calendar working days following from the date the grievance was presentedis filed at step 3.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to 19.01 Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this Agreement recognize Agreement, which concerns the stewards interpretation, application, operation or alleged violation of the terms and the OPAA representatives specified in Article 5 provisions of this Agreement, shall be considered as the agents through which employees shall process their grievances and receive settlement thereofa grievance.
a. The Hospital or 19.02 Should any alleged grievance arise as to the Association interpretation and application of the provisions of this Agreement, such grievances shall not be required to consider or process any grievance which arises out of any action or condition more than seven processed within twenty-one (721) calendar days after the subject of such circumstances giving rise to the grievance have originated or occurred. At no time may an employee or group of employees file , in the following manner and sequence: FIRST: The grievance form must be submitted to the Supervisor before a grievance on behalf of another employee.
b. It meeting is understood that an scheduled between the aggrieved employee shall first give and their immediate supervisor the opportunity of adjusting the employee’s complaintSupervisor and Manager. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit a Union Representative will present the grievance in writing to their immediate supervisor within seven (7) calendar days on behalf of the supervisor's unsatisfactory replyemployee to the employee’s Supervisor and Manager. The grievance shall identify the nature decision of the grievance, the remedy sought, Supervisor and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing Manager shall be given within seven five (75) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days presentation of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify Failing settlement; the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaintUnion Representative may advance the grievance to the next step. Such grievances must be dealt with at successive stages Union Representative if they so desire. The decision of the grievance procedure commencing with Step 1. The grievors second step shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, given within fourteen (14) calendar days following days. Failing settlement; the circumstances giving rise ▇▇▇▇▇▇▇ or the Union Representative may advance the grievance to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in next step.
19.03 The term "working day" for the case purposes of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure this Article shall not be thereby bypasseddeemed to include Saturdays, Sundays and General Holidays.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge19.04 If an employee, without just cause, an employee who has completed their the probationary period. A claim by an employee who has completed their probationary period , alleges that they have been unjustly discharged discharged, they shall notify the Employer, in writing, within five (5) working days after date of separation, stating the reason of objection to the discharge and the grievance will be treated considered commencing with the second step of 19.02 of this Article.
19.05 Should any grievance arise directly between the Employer and the Union as a grievance. Such to the interpretation and application of the provisions of this Agreement, the grievance shall be originated at Step 2taken up commencing with the second step of 19.02 of this Article.
12.08 By mutual agreement19.06 Pending settlement of any grievance, the parties may extend aggrieved employee shall perform the duties assigned to them by the Employer.
19.07 A Union Representative as contained in this Article, will mean a full- time limits set out aboveemployee of the Union.
Appears in 3 contracts
Sources: Collective Agreement, Collective Bargaining Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The It is agreed that harmonious relations between the parties require the efficient disposition of grievances. There shall be a Joint Industry Grievance Committee and a grievance procedure:
1. To try to decide all issues not covered by, and not inconsistent with, any provision of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofare not required to be arbitrated under its terms.
a. The Hospital or 2. To try to decide without arbitration any issues between the Association shall not be required parties which under this Agreement they must submit to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employeeArbitrator.
b. It is understood that an employee shall 3. The grievance may first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as between the representative of Management and a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 Union. If the grievance it is not settled under Step 1settled, it may be filed with for arbitration.
4. All Union claims are brought by the Hospital at Step 2 within seven (7) calendar days Union alone and no individual shall have the right to compromise or settle any claim without the written permission of the decision under Step 1 or within seven (7) calendar days Union.
5. The grievance shall be simultaneously submitted to the Joint Industry Grievance Committee when the grievance is filed.
6. The Committee shall be composed of representatives of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor Union and the Association RAB, who may be present at any meeting. If the Committee meeting is not held before the arbitration date, the meeting will be cancelled. It shall be the function of its decision the Committee to seek and encourage settlement of all disputes brought before it. Except in extraordinary circumstances, the parties will participate in a Joint Industry Grievance Committee meeting before a grievance proceeds to arbitration and the scheduling of a Joint Industry Grievance Committee meeting shall not delay arbitration.
7. Any grievance, except as otherwise provided herein and except a grievance involving basic wage violations and Pension, Health, Legal, Training, and Supplemental Retirement and Savings Fund contributions, shall be presented to the RAB in writing within nine one hundred twenty (9120) calendar days following of its occurrence, except for grievances involving suspension without pay or discharge which shall be presented within forty-five (45) days, unless the Step 2 meetingEmployer agrees to an extension. The Arbitrator shall have the authority to extend the above time limitations for good cause shown.
12.05 A Group grievance is defined as 8. Where a single grievancefailure to compensate overtime work can be unequivocally demonstrated through employer payroll records, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages Union may grieve the failure to compensate overtime for the three (3) year period prior to the filing of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance formgrievance.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 3 contracts
Sources: Commercial Building Agreement, Commercial Building Agreement, Commercial Building Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to A grievance is defined as an allegation that the terms of this Agreement recognize have been violated. Grievances must be filed within five (5) working days of the stewards and occurrence. Bargaining Unit members have the OPAA representatives specified in Article 5 as the agents through which employees shall process their right to file grievances and receive settlement thereofwithout fear of reprisal.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven A. Step One (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.First Step)
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint1. If the complaint is not adjusted subject to be considered for adjustment or correction concerns only Bargaining Unit member(s) within the employee’s satisfaction within seven (7) calendar days jurisdiction of being discussed with the immediate one supervisor, it shall be discussed by the supervisor and the Bargaining Unit member(s) in an effort to settle the question. After considering the facts, the supervisor shall give a verbal answer to the question or complaint within two (2) working days. If, however, the verbal answer to the complaint does not satisfactorily resolve the subject, the grievance proceeds to Step One -B. Step One B.
1. Details of Step One - An oral proceeding will be immediately reduced to a record as provided by the employee complaint form. One (1) copy of the completed form signed by both parties will be given to the Bargaining Unit member involved and the Union and one (1) copy will be retained by the supervisor. The complaint may then be taken up as a grievance as set out belowreduced to writing by the Bargaining Unit member and appealed to the Second Step of the procedure within five (5) working days.
12.03 2. Bargaining Unit members are entitled to representation by the Union at any Step 1 of the grievance procedure.
3. Grievances from Bargaining Unit members with more than one supervisor or grievances involving several Bargaining Unit members will automatically be heard by the Department Head or his designated representative in Step Two of the Grievance Procedure.
B. Step Two (Second Step)
1. The employee will, accompanied by a ▇▇▇▇▇▇▇ Bargaining Unit member or an OPAA representative if desired, submit Bargaining Unit members must file the grievance in writing that resulted from Step One within five (5) working days with the Director and the Director will set a hearing to their immediate supervisor be held with the Bargaining Unit member(s) within seven five (75) calendar days of the supervisor's unsatisfactory replyworking days. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor Director will deal with the grievance and will notify the grievor and the Association representative of the decision give an answer in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, Bargaining Unit member(s) within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.five
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 Section 1. A grievance is defined as a dispute by the Union or a covered employee concerning the application or interpretation of a specific provision of this Agreement. Grievances may be initiated and pursued in the following manner using the Grievance Form in Exhibit B.
Step 1 The parties employee or union representative shall present the grievance, on the official grievance form, to this Agreement recognize the stewards and employee’s immediate supervisor for adjustment within seven (7) calendar days of the OPAA representatives specified date on which the events occurred giving rise to the grievance. An employee’s supervisor shall respond promptly, but in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition no event more than seven (7) calendar days after receipt of the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employeewritten grievance.
b. It is understood that an Step 2 If a written grievance, as outlined in Step 1, has not been settled between the affected employee and the immediate supervisor, the grievance shall first give their immediate supervisor be submitted in writing to the opportunity of adjusting facility director or designee, by the employee’s complaintUnion representative within ten (10) calendar days. The facility director or designee shall respond in writing to the Union representative within ten (10) calendar days after receipt thereof.
Step 3 If the complaint grievance is not adjusted resolved, the Union or the affected employee may submit the grievance to the employeeGeneral Manager of Visitor Venues, Metro or designee within (10) calendar days from the receipt of the facility director or designee’s satisfaction written response. The General Manager shall respond in writing within ten (10) calendar days from receipt of the grievance.
Step 4 Should the parties fail to settle the grievance within seven (7) calendar days from the date of being discussed with submission to the immediate supervisorGeneral Manager of Visitor Venues, Metro or designee, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision referred in writing within seven (7) calendar days thereafter to a Board of Adjustment upon mutual agreement of the parties. The Board of Adjustment shall consist of two (2) members designated by the General Manager of Visitor Venues, Metro and two (2) members designated by the Union. Members of the Board of Adjustment shall not be from any of the facilities or local union under the jurisdiction of this Agreement. The Board of Adjustment shall convene within ten (10) calendar days following referral of the grievance to hear evidence submitted by the parties involved. The Board of Adjustment shall decide the issue by majority vote of its members within five (5) calendar days following the date hearing. A majority decision of the Board of Adjustment shall be final and binding on all parties. The grievance was presentedshall be considered unsettled in the event of a split decision.
12.04 Step 2 5 If the grievance is not settled under Step 1still unsettled, it may be filed with the Hospital at Step 2 Union shall, within seven ten (710) calendar days of the receipt of the decision under Step 1 or within of the Board of Adjustment, have the right to have the matter submitted to final and binding arbitration by submitting a written notice to the Metro Human Resources Director with a copy to the Employer. In order to advance the grievance, the Union shall request a list of seven (7) calendar days arbitrators from the State of the day this decision at Step 1 should have been made. The parties shall meet Oregon Mediation and Conciliation Services within seven ten (710) calendar days of this filing, or at such other time as mutually agreed by from the parties, to discuss request for arbitration. Upon the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages receipt of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration list of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, arbitrators within fourteen (14) calendar days following days, both the circumstances giving rise Employer and the Union shall have the right to strike three (3) names from the complaint or grievance. Such policy grievance list alternately; the last name remaining shall be signed the impartial arbitrator. The Employer and the Union shall flip a coin to determine who strikes first. The parties will make best efforts to schedule arbitration within six (6) months of selecting and arbitrator. The fees and expenses of the arbitrator shall be shared equally by an OPAA the Employer and the Union. All other expenses shall be borne by the party which incurs them. Each party shall be responsible for compensating its own representative orand witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made. If the other party desires a copy, both parties shall jointly share the cost of the transcript and all copies. The designated arbitrator shall conduct a hearing, and then issue a decision which shall be final and binding on the parties. The arbitrator shall not have jurisdiction or authority to: add to, subtract from, modify or in any way change the case provision of a Hospital policy grievancethis Agreement; establish new wage rates or change existing wage rates or rates for specific job classifications; or assume any responsibility of Management or of the Union. The Employer and the Union may, by mutual agreement, submit the Hospital or their representativegrievance to mediation prior to proceeding to binding arbitration. It is expressly understood The provisions of this Article shall not be interpreted to require that the policy Union process any grievance through the grievance or arbitration procedure, which it believes in good faith, lacks sufficient merit. The time limits of this grievance and arbitration procedure shall be strictly adhered to. The Employer shall have the right to refuse to process may not be used with respect to or arbitrate a grievance directly affecting an employee which they could have instituted themselves is not raised or processed within the above-described time limits. If at any step of the grievance procedure the Employer does not formally respond as provided herein, it will be assumed that the Employer has rejected the grievance and the regular next step of the grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitrationavailable. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim time limits of this grievance and arbitration procedure may be extended or waived by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, in writing, between the parties may extend the time limits set out aboveparties.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize 11.1 Should any difference arise between the stewards Employer and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or employees as to the interpretation, application, administration or alleged violation of the provisions of this Agreement, they shall be taken up in the following manner:
(a) An employee having a grievance, or one designated member of a group of employees file having a grievance on behalf of another employee.
b. It is understood that an employee grievance, shall first give their immediate supervisor take the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed grievance up with the immediate supervisor, it who will attempt to adjust it. An employee may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit request the grievance in writing to their immediate supervisor within seven (7) calendar days of to call the supervisor's unsatisfactory reply. The Association representative to handle a specified grievance shall identify with the nature immediate supervisor and the immediate supervisor will send for the Association representative without undue delay for further discussion of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under adjusted by the immediate supervisor, it shall be reduced to writing and signed by the employee involved, and two (2) copies shall be given to the immediate supervisor. The immediate supervisor shall give her reply in writing to the employee and the Association representative not later than five (5) working days following the receipt by the immediate supervisor of the written grievance.
(b) If a settlement satisfactory to the employee is not reached in Step 1, it an appeal may be filed taken by the employee within five (5) working days thereafter to the appropriate Manager, Human Resources, who shall render a decision in writing to the employee and to the Association representative not later than five (5) working days following the presentation of the written grievance to the said Manager, Human Resources.
(c) If the written decision of the Manager, Human Resources is not satisfactory to the employee, the Association may refer the written grievance to the Chief Executive Officer within five (5) working days following the receipt of the reply to the Manager, Human Resources. The employee, or the Association Committee with her consent, or the Hospital Chief Executive Officer, may request a meeting which shall be held within five (5) working days after such request. The Chief Executive Officer shall render his decision in writing to the employee and the Association Committee not later than five (5) working days following the presentation to him of the written grievance. It is understood that the Employer may designate individuals other than those listed above to respond at Step 2 within various stages of the grievance procedure.
11.2 Either the Employer or the Association may require that the employee, or a member of the group of employees involved in the grievance being appealed, shall be present at such meeting.
11.3 All grievance forms shall contain only one (1) grievance. A written grievance shall contain a clear and concise statement concerning the complaint, including the specific provision of the Collective Agreement that is allegedly violated, the persons involved, the date on which the alleged grievance occurred and the relief sought, if practicable. A grievance shall be returned to the employee if it fails to comply with these requirements and an employee shall have an additional seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss refile the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used conformity with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedthis Section.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize 20.8.1 Union policy grievances shall commence at Step 2 of the stewards and the OPAA representatives specified grievance procedure. Disputes in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted respect to the employee’s satisfaction within seven (7) calendar days meaning, interpretation of being discussed alleged violations of the terms of this Agreement, or when an Owner Operator claims that he has been unjustly dealt with the in respect thereof and he is unable to obtain satisfactory explanation directly from his immediate supervisor, it may be taken up as a grievance as set out below.dealt with in the following manner: Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement, or when an employee claims that he has been unjustly dealt with in respect thereof and he is unable to obtain satisfactory explanation directly from his immediate supervisor, may be dealt with in the following manner:
12.03 Step STEP 1 The employee willaggrieved Owner Operator or the Unit Chair shall present the grievance, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desiredfor any non-disciplinary matter, submit the grievance in writing to their immediate supervisor the Owner-Operator’s local manager within seven (7) 14 calendar days following the cause of the grievance. The grievance must include all of the details of the cause of the grievance. Such local manager will render a decision in writing, outlining the reasons for the decision, within 14 calendar days following receipt of the written grievance.
STEP 2 If the non-disciplinary grievance is not settled at Step 1, the Union Vice-President or the Union designate may appeal the decision in writing, giving his reasons for the appeal, to the Regional Manager, within 14 calendar days following receipt of the decision rendered in Step 1. Such Company officer will render a decision in writing, giving his reasons for the decision within 14 calendar days following receipt of the appeal.
STEP 3 If the non-disciplinary grievance is not settled at Step 2, the Union Vice-President or the Union designate may appeal the decision in writing, giving his reasons for the appeal, to the Company Vice President, within 28 calendar days following receipt of the decision rendered in Step 2. Such Company officer will render a decision in writing, giving his reasons for the decision within 28 calendar days following receipt of the appeal. A grievance with respect to discipline shall commence at Step 2 of the grievance procedure within 28 calendar days of the supervisor's unsatisfactory replynotice of discipline. The A grievance with respect to dismissal shall identify the nature commence at Step 2 of the grievance, the remedy sought, and should specify the provisions grievance procedure within 42 calendar days of the Agreement which are alleged to have been violateddismissal. The supervisor will deal with Union policy grievances shall commence at Step 3 of the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presentedprocedure.
12.04 Step 2 STEP 4 If the grievance is not settled under at Step 13, it may then be filed referred by either party to the Canadian Railway Office of Arbitration for final and binding settlement without stoppage of work in accordance with the Hospital at Step 2 rules and procedures of that Office. The party requesting arbitration must notify the other party in writing within seven (7) 28 calendar days following receipt of the decision under in Step 1 3, or the due date of such decision if not received.
20.8.2 Upon mutual agreement the parties agree to consider using Labour Canada Mediation services as an option to arbitration.
20.8.3 The arbitrator’s decision shall be final and bind the Company, the Union, and the Owner Operator(s) concerned. The arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor to render any decision incompatible with the provisions of this Agreement, nor to consider any matter not pertaining to the present Agreement.
20.8.4 When a grievance is not progressed by the Union within seven (7) calendar days the prescribed time limits, it shall be considered as dropped. When the appropriate officer of the day this Company fails to render a decision at Step 1 should have been madewithin the prescribed time limits, the grievance may be progressed to the next step within the prescribed time limits based on the last date such a decision was due, except as otherwise provided in Clause 9.4. The parties In the event the Company fails to respond to a grievance within the prescribed time limits, the Union may process the grievance from that point onward in accordance with the procedures herein except that the time limits in respect of that grievance from that point onward shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed be directory.
20.8.5 When a grievance based on a claim for unpaid wages is not progressed by the partiesUnion within the prescribed time limits, to discuss it shall be considered as dropped. When the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages appropriate officer of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves Company fails to render a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used decision with respect to such a grievance directly affecting an employee which they could have instituted themselves and claim for unpaid wages within the regular grievance procedure prescribed time limits, the claim will be paid. The application of this rule shall not be thereby bypassedconstitute an interpretation of the Collective Agreement.
12.07 20.8.6 The release or discharge of a probationary employee shall not time limits specified herein may be the subject extended by mutual agreement.
20.8.7 Settlement of a grievance shall not involve retroactive pay beyond 60 calendar days prior to the date that such grievance was first submitted in writing.
20.8.8 Prior to adjudication or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged final disposition of a grievance there shall be treated as neither a grievance. Such grievance shall be originated at Step 2shutdown by the Company nor a work stoppage by Owner Operators.
12.08 By mutual agreement, 20.8.9 All time limit restrictions in Article 6 and Article 9 will be automatically extended between the parties may extend the time limits set out aboveperiod of December 22 and January 5 inclusive each year.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 7.01 The parties Company and Union agree that it is of utmost importance to this Agreement recognize adjust complaints and/or grievances as quickly as possible.
7.02 Should an employee have a complaint that the stewards employee deems necessary to register, the employee will, with his/her Committee person, discuss the matter with the employee's Supervisor within two (2) working days following the date the occurrence took place or after discovery of the occurrence causing said complaint.
7.03 The employee's Supervisor will have up to three (3) working days in which to reply in writing to the Plant Chairperson regarding the complaint.
7.04 Should the complaint not be adjusted satisfactorily, it may be reduced in writing, signed by the employee and/or committee person and the OPAA representatives specified in Article 5 as Plant Chairperson and presented to the agents through which employees shall process their grievances and receive settlement thereofHuman Resource Manager, or designate, within three (3) working days of receipt of the answer to the complaint.
a. 7.05 The Hospital Human Resource Manager, or designate, will, within three (3) working days, give a reply in writing to the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employeePlant Chairperson.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. 7.06 If the complaint grievance is not adjusted answered by the Company in the required time, or if the reply is not satisfactory, the Plant Chairperson may present an appeal to the employee’s satisfaction grievance in writing to the Human Resource Manager, or designate, within three (3) working days of receipt of the answer. A meeting will then be held between the Company and Plant Committee within thirty (30) working days. Either the President of Local 251 and/or the International Representative of the U.A.W. may be present and take part in any such conference. A final response will be given on the grievance within seven (7) calendar working days of being discussed the date of such meeting.
7.07 An employee who has been discharged and wishes to register a grievance must do so in writing within five (5) working days of written notification of discharge and such grievance will be dealt with beginning at Step Three.
7.08 All Policy Grievances, Group Grievances, and Company Grievances will automatically begin at Step III of the immediate supervisor, it Grievance Procedure.
7.09 The time limits referred to above may be taken up as a grievance as set out belowextended by mutual agreement. All settled grievances to be paid within 7 calendar days.
12.03 7.10 If a settlement is not reached at Step 1 3, the Union may request that the grievance be submitted to arbitration, in which event they will make such request in writing within twenty (20) working days after the final response of Step 3. Grievances appealed to arbitration will be presented to arbitrators hereinafter described who will act in rotation, in the order in which their names appear below. The employee will, accompanied by a following constitutes the list and the rotation sequence of the arbitrators:
(1) ▇. ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven ▇▇▇
(72) calendar days of the supervisor's unsatisfactory reply▇. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint
(3) ▇. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.▇▇▇▇▇▇▇
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to this the interpretation, application, administration or alleged violation of the Agreement recognize the stewards and the OPAA representatives specified in Article 5 including any question as the agents through which employees shall process their grievances and receive settlement thereofto whether a matter is arbitrable.
a. 8.02 An employee who is to be disciplined, suspended, discharged or where a serious allegation has been raised, has the right to have a Union Representative present. The Hospital 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 Association employee is to be disciplined, suspended or discharged, a copy of the letter shall not be required forwarded to consider or process any grievance which arises out of any action or condition more than the Union. The Employer agrees to provide written reasons within seven (7) calendar days after to the subject affected employee and the Union in the case of such grievance occurred. At no time may an employee a discharge or group suspension.
8.03 It is the intent of the parties that complaints of employees file a grievance on behalf of another employee.
b. It shall be adjusted as quickly as possible, and it is understood that an employee shall has no grievance until they have first give given their immediate supervisor the opportunity of adjusting the employee’s complaint. If the Such complaint is not adjusted to the employee’s satisfaction shall be discussed with their immediate supervisor within seven ten (710) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of being discussed with the immediate supervisoremployee. This discussion may include consultation, advice and assistance from others. If there is no settlement within ten (10) calendar days, it may shall then be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven ten (710) calendar days of in the supervisor's unsatisfactory replyfollowing 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 8.10 and shall identify the nature of the grievance, grievance and the remedy sought, sought and should specify identify the provisions of the Agreement which are alleged to have been be violated. The supervisor will deal with 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 notify the grievor and the Association representative of the deliver their decision in writing within seven ten (710) calendar days following the day on which the grievance was presented to them. Failing settlement, then: Within ten (10) calendar days following the decision under Step No. 1, the grievance may be submitted in writing to the Director and Counsel, Employee and Labour Relations or designate. A meeting will then be held between the Director and Counsel, Employee and Labour Relations or designate and the Grievance Committee within ten (10) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is understood and agreed that a representative(s) of the Ontario Nurses’ Association and the grievor may be present at the meeting. It is further understood that the Director and Counsel, Employee and Labour Relations or designate may have such counsel and assistance as they may desire at such meeting. The decision of the Employer shall be delivered in writing to the Labour Relations Officer and the local Union Representative within ten (10) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 8.04 A Group complaint or grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have arising directly between the same complaint. Such grievances must be dealt with at successive stages of Employer and the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to Union concerning the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct alleged violation of the Association, its representatives or stewards. A policy grievance Agreement shall be originated at Step 2, bypassing Step 1, No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy 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 manager or designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be signed by an OPAA representative or, in treated as being initiated at Step No. 1 and the case applicable provisions of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used this Article shall then apply with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedprocessing of such grievance.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties 1. Any employee who feels that employee has not been accorded proper consideration or treatment in respect to this Agreement recognize any matter affecting his/her employment shall proceed in the stewards and following manner:
a) He shall first discuss his/her complaint with his/her Operations Manager with or without a representative of the OPAA representatives specified Local Worker’s Committee being present, as employee may elect, in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofan attempt to reach a satisfactory settlement.
a. The Hospital or b) All grievances not settled by mutual agreement must be submitted in writing on appropriate form and filed with the Association Operations Manager within fifteen (15) days, if possible, but in no event later than thirty (30) days following the occurrence causing the grievance. Any grievance not so filed shall be deemed to have been waived and shall not be required entitled to consider or process any consideration. The Operations Manager shall answer the grievance which arises out within ten (10) days, exclusive of any action or condition more than seven Saturdays, Sundays and Holidays, from the date of presentation in written form. The grievance form shall be dated and signed by the employee and three copies given to the Operations Manager who will insert his/her decision, sign and date the form, returning two (72) calendar days after copies to the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an c) If the employee shall first give their immediate supervisor fails to secure a satisfactory adjustment of his/her grievance, employee may submit his/her grievance to the opportunity Chairman of adjusting the employeeGeneral Workmen’s complaintCommittee. If the complaint is not adjusted General Workmen’s Committee so elects, it shall be appealed to the employee’s satisfaction Senior Director Field Operations, within seven ten (710) calendar days days, exclusive of being discussed Saturdays, Sundays and Holidays after return from the Operations Manager of the grievance form with the immediate supervisorOperations Manager’s decision noted thereon. Grievances thus appealed shall be discussed at a mutually convenient time and place between the employee, it may be taken up as a grievance as set out below.
12.03 Step 1 the General Workmen’s Committee, and the Senior Director Field Operations. The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit discussion and disposition of the grievance in writing to their immediate supervisor within seven shall occur not more than ten (710) calendar days days, exclusive of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievanceSaturdays, the remedy soughtSundays, and should specify Holidays, subsequent to the provisions of date that the Agreement which are alleged to have been violated. The supervisor will deal Senior Director Field Operations, was presented with the grievance and will notify form (duplicate) representing an appeal from the grievor and Operations Manager’s decision. Either party may elect to request a conference between the Association representative Chairman of the decision in writing within seven (7) calendar days following Local Workmen’s Committee, the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days Chairman of the decision under Step 1 or within seven (7) calendar days of General Workmen’s Committee, the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filingSenior Director Field Operations, or at such other time as mutually agreed by the partiestheir representatives, to discuss the grievance. The Hospital Minutes of this conference shall notify be kept and signed jointly by the grievor Chairman of the General Workmen’s Committee and the Association Senior Director Field Operations, or his/her representative. Copies of its decision in writing these minutes shall be attached to the Senior Director Field Operations’s, and the Chairman of the General Workmen’s Committee’s grievance form within nine ten (910) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative date the conference was held. The Senior Director Field Operations’s decision and the date thereof shall be recorded on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages all copies of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as form and one which involves a question relating copy thereof returned to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedGeneral Workmen’s Committee.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 3 contracts
Sources: Working Agreement, Working Agreement, Working Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize 5.01 Should any dispute arise between the stewards Company and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee involving the meaning, interpretation, application or group alleged violation of employees file a grievance on behalf of another employee.the collective agreement, an honest effort shall be made by both parties hereto to settle immediately and without delay such disputes or trouble in respect to which the following steps shall be used:
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step STEP 1 The employee willconcerned shall discuss the matter with his or her Supervisor or with the Supervisor’s designated representative.
STEP 2 If the Supervisor fails to resolve the matter to the satisfaction of the employee, accompanied the employee assisted by a his or her ▇▇▇▇▇▇▇ or an OPAA representative if desired▇, submit shall state the grievance in writing and present it to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replyPlant Manager or his/her designated representative at a meeting to be scheduled at a time suitable to the attending parties. The grievance Plant Manager or his/her designated representative shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision reply in writing within seven five (75) calendar days following the date meeting.
STEP 3 If the above reply is not satisfactory to the Employee concerned, the grievance was presentedshall be discussed at a meeting of the grievor, Grievance Committee, the Plant Manager (or designated representative) and a Management Committee. A National Representative of the Union shall be present at this meeting at the request of either party.
12.04 Step 2 5.02 If the grievance is not settled to the satisfaction of the employee, then either party may request that the matter be referred to Arbitration in accordance with Article 6 of this Agreement.
5.03 To ensure prompt handling of any alleged grievance, the grievance shall be submitted within five (5) days from the date of the incident. Not more than five (5) days shall be allowed for consideration under Step 1each successive step, it except by mutual agreement between the Company and the Union, until the matter is brought to arbitration.
5.04 Any grievance not appealed from the decision in any step in the grievance procedure within the aforementioned time limits shall be considered settled on the basis of the last decision and shall not be subject to further appeal. If the Company fails to reply within the aforementioned time limits, the Union shall have the right to submit the grievance at the next step.
(a) The Union may be filed with the Hospital file a “Policy Grievance” at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages 3 of the grievance procedure commencing with Step 1procedure. The grievors shall “Policy Grievance” may not be listed on used to bypass the regular grievance form.
12.06 procedure. A Policy policy grievance is defined as one which involves that alleges a question relating to the interpretation, application misinterpretation or administration violation of a provision of this Agreement andand which, when submitted by the Hospital, can relate to the conduct because of the Associationnature or scope of the subject matter, its representatives or stewards. A policy could not otherwise be instituted as an individual employee grievance shall be originated commencing at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be filed in writing within five (5) days of the initial incident giving rise to the complaint. The grievance must be signed by an OPAA representative or, in the case of a Hospital policy grievance, by National Representative or the Hospital Chairperson or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedhis designate.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to 9.01 For the purpose of this Agreement recognize a grievance is defined as a difference between the stewards and parties relating to the OPAA representatives specified in Article 5 as interpretation, application, administration or alleged violation of this Agreement.
9.02 It is the agents through which mutual desire of the parties hereto that complaints of employees shall process be adjusted as quickly as possible and it is understood that an employee has no grievance until they have given the Employer the opportunity of adjusting the complaint. If an employee has a complaint, such a complaint shall be discussed with their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven immediate supervisor within ten (710) calendar days after the subject of such grievance circumstance giving rise to the complaint has originated or occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the immediate supervisor is unable to adjust a complaint is not adjusted to the employee’s mutual satisfaction within seven five (75) calendar days, the employee may proceed with the grievance procedure within five (5) calendar days following the decision of being discussed with the immediate supervisor, it may be taken up as . Any employee is entitled upon request to have a grievance as set out belowUnion Committee member present with them when meeting with the Supervisor to attempt to adjust their complaint.
12.03 9.03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows:
Step 1 The employee will, accompanied with the assistance of a Union Committee member if desired must submit a written grievance signed and dated by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing employee to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replyDirector or designate. The grievance shall identify the nature of the grievance, the remedy sought, sought and should specify the provisions a section or sections of the this Agreement which that are alleged to have been violatedviolated shall be set out in the grievance. The supervisor Director or designate will deal with the grievance and will notify the grievor and the Association representative of the deliver their decision in writing within seven five (75) calendar days after the receipt of the grievance. Failing settlement the next step of the grievance procedure may be taken.
Step 2 Within five (5) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled decision under Step 1, it may the grievance must be filed with submitted to Human Resources to be discussed at a meeting between representatives from the Hospital at Step 2 Employer, the Union committee and the grievor(s) within seven five (75) calendar days of the decision under Step 1 or receipt of the grievance. Either party may have assistance from outside the Employer at this stage if desired. The Employer shall give a written deposition within seven five (75) calendar days of the day this decision at Step 1 should have been madeof such meeting. The parties shall meet Failing settlement, either party may submit the matter to arbitration within seven ten (710) calendar days of this filing, or at after the reply in Step 2 is given. If no request for arbitration is received within such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine ten (910) calendar days following day period, the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise deemed to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2abandoned.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties purpose of this Article is to establish a procedure for the settlement of grievances. Disputes in respect to the meaning, interpretation of alleged violations of the terms of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital Agreement, or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may when an employee or group of employees file a grievance on behalf of another employee.
b. It claims that he has been unjustly dealt with in respect thereof and he is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted unable to the employee’s satisfaction within seven (7) calendar days of being discussed with the obtain satisfactory explanation directly from his immediate supervisor, it may be taken up as a grievance as set out below.dealt with in the following manner:
12.03 Step STEP 1 The aggrieved employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the Union Representative shall present the grievance in writing to their immediate supervisor the employee’s Supervisor/Manager within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) 14 calendar days following the date cause of the grievance. The grievance was presentedmust include all of the details of the cause of the grievance. Such Supervisor/Manager will render a decision in writing, outlining the reasons for the decision, within 14 calendar days following receipt of the written grievance.
12.04 Step STEP 2 If the grievance is not settled under at Step 1, it the Union Vice-President may be filed with appeal the Hospital decision in writing, giving his reasons for the appeal, to the officer designated by the Company, within 42 calendar days following receipt of the decision rendered in Step
1. Such Company officer will render a decision in writing, giving his reasons for the decision within 42 calendar days following receipt of the appeal. The Union or the Employer may initiate a policy grievance beginning at Step 2 of the Grievance Procedure. Such grievance shall be filed within seven Forty two (742) calendar days of the decision under incident giving rise to the complaint and be in the form prescribed in Step 1 1. Any such grievance may be referred to arbitration by either the Union in the case of a Union grievance or the Employer in the case of an Employer grievance. The time limitations prescribed in this article may be extended by mutual consent of the parties All time limit restrictions in Article 8 and Article 10 will be automatically extended between the period of December 22 and January 5 inclusive each year. A grievance with respect to a dismissal shall commence at Step 2 of the grievance procedure within seven forty two (742) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days notice of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.dismissal
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize 12.1 It is the stewards and mutual desire of the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group Parties hereto that complaints of employees file a grievance on behalf of another employee.
b. It be adjusted as quickly as possible, and it is understood that an employee shall has no grievance until the employee has first give given their immediate supervisor the Supervisor an opportunity of adjusting the employee’s complaint. If In discussing such complaint the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it employee may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, Union Representative.
STEP 1 The aggrieved employee(s) shall submit the their grievance in writing to their immediate supervisor within seven (7) calendar days the Chairperson of the supervisor's unsatisfactory replyGrievance Committee. If the Grievance Committee of the Union considers the grievance to be justified, the grievor(s) concerned, together with the Grievance Committee, shall first seek to settle the dispute at a meeting with the Supervisor or Designate. The written grievance shall identify signed by the aggrieved employee(s) must contain the nature of the grievance, the remedy sought, sought and should specify the provisions section or sections of the Agreement which are alleged to have been violated. The supervisor Supervisor or Designate will deal with the grievance and will notify the grievor and the Association representative of the deliver his/her decision in writing within seven three (73) calendar working days following the date the grievance was presented.
12.04 Step 2 If day on which the grievance is not settled presented to him/her. The Supervisor or Designate will also distribute copies of the original grievance and the answer to the Manager concerned and the Manager of Human Resources or Designate. Failing settlement - then Step 2 may be invoked.
STEP 2 Within five (5) working days following the decision under Step 1, it the Grievance Committee together with the grievor(s) concerned may submit the written grievance to the Manager, at a meeting. The Manager will deliver a decision in writing within five (5) working days from the date on which the written grievance is presented to him/her. Failing settlement - then Step 3 may be filed with the Hospital at Step 2 within seven invoked.
STEP 3 Within five (75) calendar working days of following the decision under Step 1 or within seven (72, the Grievance Committee together with the grievor(s) calendar days concerned may submit the written grievance to the Director of the day this decision Utilities, at Step 1 should have been madea meeting. The parties shall meet within seven (7) calendar days Director of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its Utilities will deliver a decision in writing within nine five (95) calendar working days from the date on which the written grievance is presented to him/her. Failing settlement - then Step 4 may be invoked.
STEP 4 Within five (5) working days following the decision under Step 2 meeting3, the Grievance Committee together with the grievor(s) concerned may submit the written grievance to the Manager of Human Resources or Designate. A meeting will be held within ten (10) working days at which time the matter will be reviewed. The Manager of Human Resources or Designate will deliver a decision within five (5) working days from the date on which the meeting was held under Step 4.
12.05 12.2 A Group complaint or grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have arising directly between the same complaint. Such grievances must be dealt with at successive stages of Corporation and the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to Union concerning the interpretation, application or administration alleged violation of this Agreement andAgreement, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated under Step 4.
12.3 Failing settlement under the foregoing procedure of any grievance between the Parties, arising from the interpretation, application or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable, such grievance may be submitted to Arbitration, as set forth in Article 13.
12.4 Replies to grievances shall be in writing at Step 2, bypassing Step 1, within fourteen (14) calendar days following all stages.
12.5 All agreements reached under the circumstances giving rise Grievance Procedure between the representatives of the Corporation and the representatives of the Union will be final and binding upon the Corporation and Union and the employee(s).
12.6 No adjustment affected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, date of occurrence which resulted in the case of a Hospital policy grievance, by the Hospital or their representativegrievance being filed. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure This Clause shall not be thereby bypassedprevent the adjustment of pay caused by clerical errors in computations.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend 12.7 Where no answer is given within the time limits set out abovespecified in the Grievance Procedure, the employee(s) concerned, the Union and the Corporation shall be entitled to submit the grievance to the next step of the Grievance Procedure.
12.8 The Corporation will supply the necessary facilities for the Grievance meetings.
12.9 Subsection 16 of Section 48 of the Ontario Labour Relations Act (1995) does not apply to this Agreement.
12.10 The time limits fixed in the Grievance Procedure may be extended by mutual consent of the Parties to this Agreement.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards VON Simcoe County and the OPAA representatives specified in Article 5 Association agree it is important to adjust complaints and grievances as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredquickly as possible. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee a nurse has no grievance until she has first discussed her complaint with her supervisor without the matter being resolved. In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall first give their immediate supervisor not be counted.
9.01 A formal grievance shall be one having to do with the opportunity interpretation or alleged violation of adjusting the employee’s complaintCollective Agreement. If the complaint is not adjusted All grievances shall be in writing and contain a statement of facts giving rise to the employee’s satisfaction grievance, the redress sought, and an indication of the Article(s) of this Agreement on which the grievance is based. A formal grievance must be filed within seven ten (710) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out belowcircumstances giving rise to the grievance.
12.03 Step 1 9.02 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, following shall be the procedure in handling and processing grievances submitted on behalf of the nurse. The nurse may submit the grievance in writing to their immediate supervisor her manager who shall give her decision within seven five (75) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature receipt of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven Within five (75) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or #1, the nurse may submit the written grievance to the Director of Human Resources. A meeting will be held between management and the grievance committee within seven ten (710) calendar days of the day referral. It is agreed that a staff representative of the Ontario Nurses’ Association may be present at the meeting and that VON Simcoe County may have such counsel and assistance as it may desire at the meeting. The management decision will be delivered within five (5) days of the meeting.
9.03 A grievance arising directly between VON Simcoe County and the Association concerning the interpretation, application or administration or alleged violation of this decision Agreement shall be originated in writing at Step 1 should have been made. The parties shall meet #2 within seven ten (710) calendar days of this filing, or at such other time as mutually agreed by following the parties, circumstances giving rise to discuss the grievance. The Hospital shall notify It is expressly understood however, that the grievor provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such nurses could have themselves instituted and the Association regular grievance procedure shall not thereby be bypassed. Note: Any of its decision the time allowances may be extended by mutual agreement between the parties in writing within nine (9) calendar days following the Step 2 meetingwriting.
12.05 A Group grievance is defined as 9.04 Where a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have difference arises between the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question parties relating to the interpretation, application or administration of this Agreement andincluding any question as to whether a matter is arbitrable, when submitted or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance procedure established by this Agreement, notify the other party within ten (10) working days in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party’s appointee to an Arbitration Board. The two (2) appointees so selected shall within five (5) working days of the appointment of the second of them appoint a third person who shall be the chair. If the recipient of the notice fails to appoint an arbitrator or if the two (2) appointees fail to agree upon a chair within the time limit, the appointment shall be made by the HospitalMinister of Labour of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final binding upon the parties and upon any nurse affected by it. The decision of the majority is the decision of the Arbitration Board, can relate but if there is no majority, the decision of the chair governs.
9.05 The Arbitration Board shall not have the authority to alter or change any of the provisions of this Agreement or to substitute any new provisions in lieu thereof, or to give any decision contrary to the conduct express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the Association, parties to this Agreement will pay the fees and disbursements of its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise appointee to the complaint Arbitration Board, and will share equally the fees and disbursements of the chair.
9.06 Notwithstanding any other provisions of this Agreement, grievances may be settled by confirming VON Simcoe County’s action or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital parties or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedArbitration Board.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement9.07 Wherever “Arbitration Board” is referred to in this Agreement, the parties may extend mutually agree to substitute a single arbitrator for the Arbitration Board at the time limits set out aboveof reference to arbitration and the other provisions referring to Arbitration Board shall apply accordingly.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The Subject to the provisions of Article XXIII, the Grievance Procedure established by this Article shall be used for the purpose of orderly negotiations between the parties concerning all claims, disputes, or other matters subject to collective bargaining between the parties during the term of this Agreement recognize Agreement, whether or not such claims, disputes, or other matters involve the stewards interpretation or application of this Agreement. It is the intent of the parties that such grievances be resolved as quickly as possible and in the area where the claim, dispute, or other matter is brought to the attention of the Company. It is further intended that an effort be made to resolve the claim, dispute, or other matter before institution of the formal Grievance Procedure. STEP ONE When agreement has not been reached through discussion of the grievance with the Supervisor and Site Human Resources Manager, the Shift Committeeperson may then, and within thirty days following the occurrence or having become aware of the situation, condition or action giving rise to the grievance, present the grievance to the Supervisor and Site Human Resources Manager in writing, setting forth the exact nature of the grievance and the OPAA representatives specified relief requested. Negotiating grievances at Step One will be the responsibility of the Supervisor for the Company, Site Human Resources Manager, and the Shift Committeeperson for the Union. In general, the Supervisor and Site Human Resources Manager will give a reply in Article 5 as writing within forty-eight hours, but if more time is required the agents through which employees shall process their grievances Supervisor and receive settlement thereof.
a. The Hospital or Site Human Resources Manager will advise the Association shall not Committeeperson, and a written decision will be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted given to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ within seven calendar days. (Example: If the Committeeperson grieves in writing on Monday, the Supervisor and Site Human Resources Manager are obligated to give a written answer no later than the following Monday). STEP TWO Negotiating grievances at Step Two for the Company will be the responsibility of the Site Union Relations Manager for the area. Upon request, each Committeeperson may have a weekly Step Two Meeting with the Site Union Relations Manager. The Committeeperson may, if he/she desires, have additional Committeepersons present, not to exceed a combined total of three, and similarly the Site Union Relations Manager may, if he/she desires, have additional Management Representatives present, not to exceed a combined total of three, unless mutually agreed. Upon request of the Committeeperson, the appropriate Supervisor shall be one of the Management Representatives. Such Step Two meetings will be arranged by Relations Representatives based on the mutual availability of the parties. Grievances will be discussed at Step Two in the order of their registration. Exceptions to the order of discussion of grievances will be made at the request of the Union or an OPAA representative if desiredthe Company. Either party may refer a grievance back to Step One of the Grievance Procedure not more than one time, submit and either party may take a grievance back at Step Two one time. Any grievance which is referred back to Step One or taken back at Step Two must be discussed again in a grievance meeting at the appropriate step of the Grievance Procedure within ninety (90) calendar days. If agreement is not reached at Step Two, the Chairperson of the Bargaining Committee may appeal the Step Two decision by registration of the grievance in writing to their immediate supervisor for discussion at Step Three. Any grievance not registered at Step Three within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) first fourteen calendar days following the date of the last Step Two fact sheet will be considered withdrawn without prejudice. STEP THREE Negotiating grievances at Step Three will be the responsibility of the GE Aviation Manager of Union Relations (or his/her designated representative) and the Chairperson of the Bargaining Committee for the Union. Discussing grievances at Step Three will be the responsibility of the GE Aviation Manager of Union Relations and the Chairperson of the Bargaining Committee with the designated Committeeperson for the Union. Other Committeepersons, upon mutual agreement by the Shift Committeeperson and the GE Aviation Manager of Union Relations, may attend all or part of the Step 3 meeting at their discretion. The Chairperson may request a recess at any time for the purpose of obtaining inputs from Committeepersons other than the designated Committeeperson regarding the specific grievance being discussed. The designated Committeeperson will be determined by the Chairperson on a grievance by grievance basis. Grievances will be discussed at Step Three in order of their registration except as provided below. The Company will provide the Chairperson of the Bargaining Committee with a sequential Step Three grievance registration list, as necessary. The Chairperson of the Bargaining Committee may elect to withdraw grievances registered at Step Three without prejudice. Exceptions to the order of discussion at Step Three will be made at the request of the Chairperson of the Bargaining Committee for grievances involving disciplinary time off and discharge. Either party may refer a grievance back to a lower step of the grievance was presented.
12.04 procedure for further consideration not more than one time, and either party may take a grievance back at Step 2 If Three one time. Any grievance which is referred back to a lower step of the grievance is procedure or taken back at Step Three must be discussed again in a grievance meeting at the appropriate step of the procedure within thirty calendar days. In the event of a request for arbitration of a grievance under Article XX, the Chairperson of the Bargaining Committee may request an arbitrability conference with designated Company representatives. The matter of arbitrability, stipulation of issue to be arbitrated and whether or not settled under Step 1, it may such grievance could be filed "expedited" would be reviewed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been madeChairperson, International Representative and one other designated union representative. The parties shall meet written request for such a meeting must be made within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) ten calendar days following the Step 2 meeting.
12.05 meeting when the Company's final decision was made with respect to such grievance. A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative filed on behalf of a group candidate for preferential placement under Article XXIV which arises solely due to the failure of Company management at a designated location to select such candidate, where such designated location employs no employees who have represented by the same complaintUnion, may be filed at the Headquarters level. Such grievances must A grievance filed on behalf of a candidate for preferential placement under Article XXIV which arises solely due to the failure of Company management at a designated location to select such candidate, where the candidate's original location has closed, may also be dealt with filed at successive stages of the Headquarters level, provided the grievance procedure commencing with Step 1arises following the original location's plant closing date. The grievors Company shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating give its final decision to the interpretation, application or administration of this Agreement and, when submitted by Union in writing within a reasonable time after discussions with the Hospital, can relate Union and an opportunity to investigate the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedfacts.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties agree to this Agreement recognize resolve any grievance between them in accordance with the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereoffollowing procedure.
a. The Hospital or the Association 8.01 A grievance shall not be required to consider or process defined as any grievance which arises difference arising out of the interpretation, application, administration or alleged violation of this Collective Agreement, including any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file question as to whether a grievance on behalf of another employeematter is arbitrable.
b. It is understood that an employee 8.02 All complaints and grievances shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.in the following manner:
12.03 Step 1 The An employee willhaving a question, accompanied by complaint or grievance shall first discuss the matter with her immediate supervisor. At either the employee’s, or the supervisor’s request, a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit will attend. The employee should raise the grievance in writing to their immediate matter with the supervisor within seven (7) calendar days of the supervisor's unsatisfactory replymatter arising. The If she fails to do so, the grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violatedbe deemed abandoned. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing reply as soon as practical, but regardless, within seven (7) consecutive calendar days of the meeting. The question, complaint or grievance, and the reply shall be verbal, and are without prejudice to either party’s position.
Step 2 If the reply does not resolve the issue, the matter may be reduced to writing, and submitted to the Manager. It must be submitted within seven (7) consecutive calendar days following the date day on which the reply was made. If she fails to do so, the grievance was presented.
12.04 Step 2 If shall be deemed abandoned. The Manager will arrange a meeting, and the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 meeting will occur within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days receipt of the day this decision at Step 1 should have been madegrievance, except where the parties agree to a longer period of time. The parties shall meet within seven (7) calendar days of this filingemployee, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have chief ▇▇▇▇▇▇▇, and/or the same complaint. Such grievances must be dealt with at successive stages of Union Representative (if requested by the grievance procedure commencing with Step 1employee), the supervisor, and the Manager will attend this meeting. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2accompanied by a written statement which clearly sets forth the nature of the grievance, bypassing Step 1the parties involved, the clause or clauses of the agreement said to be in violation, and the remedies sought. All of this information shall be set out in clear and concise terms. The Manager will reply, in writing, as soon as practical, but regardless, within fourteen (14) calendar days following of the circumstances giving rise to meeting, except where the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect parties agree to a longer period of time. Failing resolution, the grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not may be thereby bypassed.
12.07 The release withdrawn, or discharge of a probationary employee shall not be the subject of a grievance or referred to arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreementFailing either, the parties grievance may extend the time limits set out abovebe considered abandoned.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize 28.01 It is the stewards mutual desire of the Employer and the OPAA representatives specified in Article 5 Union to ensure that complaints and grievances of employees are adjusted as the agents through which employees shall process their grievances and receive settlement thereofquickly as possible.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. 28.02 It is generally understood that an employee having a complaint shall first give their immediate the supervisor the an opportunity of adjusting the employee’s complaint. If condition causing the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it before lodging a formal grievance. The employee may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a with their ▇▇▇▇▇▇▇ when taking up a complaint with the supervisor.
28.03 Any written dispute regarding the application, administration, interpretation or an OPAA representative if desiredalleged violation of this Agreement shall be considered a grievance. The grievance shall specify the article(s) of the Agreement of which a violation is alleged, submit contain a brief statement of the facts relied upon and indicate the relief sought, and the grievance shall be dealt with in the following manner. The grievance must be submitted in writing within fourteen (14) calendar days of the incident giving rise to the complaint or from the employee’s knowledge of the occurrence giving rise to the grievance. The supervisor shall give an answer, in writing, to the ▇▇▇▇▇▇▇ no later than five (5) calendar days after the grievance is first submitted. If the supervisor fails to give an answer to the grievance within the time limit set forth in Step One, or if the answer is unsatisfactory, the Union Executive Committee may within fourteen (14) calendar days, take the grievance to the next step, Step Two. A meeting shall take place, between the appropriate superintendent or manager responsible for the department, the Director of Human Resources or their immediate supervisor delegate and the Union Executive Committee, within seven (7) calendar days of the supervisor's unsatisfactory replyreceipt of the grievance at Step Two. The grievance Employer shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the deliver its decision in writing within five (5) calendar days following the Step Two meeting. If management fails to give an answer to the grievance within the time limit set forth in Step Two, or if the answer is unsatisfactory, the Union Executive Committee may refer the grievance to the Director of Operations and the National Union Representative within fourteen (14) calendar days who shall schedule a meeting to take place between the Director of Operations and/or other designated management representative(s) and the National Union Representative and the Union Executive Committee within twenty-one (21) calendar days. The Director of Operations shall deliver their decision, in writing, within seven (7) calendar days following the date Step Three meeting.
28.04 The Union or the Employer may initiate a policy grievance at Step Two of the grievance was presentedprocedure. Such grievance shall be filed within fourteen (14) calendar days of the incident giving rise to the complaint or from the knowledge of the occurrence giving rise to the grievance.
12.04 28.05 The Union Executive Committee on behalf of an employee who is discharged or suspended for more than three (3) working days may file a grievance at Step 2 If Two of the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 procedure within seven (7) calendar days of the decision under Step 1 discharge or within seven (7) calendar days of the day this decision suspension.
28.06 If a grievance is not settled at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filingThree, or at such other time as mutually agreed by either party may process the parties, grievance to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision arbitration in writing within nine (9) calendar days following the Step 2 meetingaccordance with Article 29.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in 28.07 In the case of a Hospital policy grievance, by the Hospital discipline or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge termination of employment of a probationary employee student and where the student grieves, the Employer shall not be the subject of a grievance or arbitration. The Hospital agrees required to show that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2acted reasonably in disciplining or terminating the employment of the student.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may STEP 1: When an employee or group of employees file covered by this Agreement, and/or Local 2050, believes there is a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision shall be submitted in writing within seven (7) calendar days following explaining the time and date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct Chief of the AssociationDepartment, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1his /her designee, within fourteen (14) calendar days following of its occurrence. Within fourteen (14) calendar days after receipt of said grievance, said
STEP 2: If the circumstances giving rise grievance is not settled at Step 1, it shall be presented in writing by the Union with any additional supporting material that has been approved by the Executive Committee, to the complaint or Town Manager, within fourteen (14) calendar days. The Town Manager shall give his written answer to the grievance to the Union within fourteen (14) calendar days. Should the Town Manager fail to respond within the time period set forth herein, it shall be presumed that the grievance has been denied and the grievance may proceed to the next step. If agreement cannot be reached via the methods set forth in STEPS 1 and 2, Local 2050 may request arbitration of the grievance in writing no later than fourteen (14) calendar days from and after the response of the Town Manager is due. Local 2050 and the Town shall attempt to select an arbitrator within fourteen (14) calendar days of the request for Arbitration and if unsuccessful, Local 2050 shall file a demand for Arbitra‐ tion with the American Arbitration Association. The selection of the arbitrator and the conduct of the proceedings shall be governed by the Voluntary Labor Arbitration Rules for the American Arbitration Association. WRITTEN PRESENTATION: All grievances presented in accordance with these procedures shall be submitted in writing explaining the time and date of the grievance, the provision(s) of the agreement, if any, alleged to have been violated and remedy sought. Such policy grievance All grievances shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, and dated by the Hospital or their duly authorized Union representative. It is expressly understood The Fire Chief or the Town Manager may request a meeting with the employee and his /her duly authorized Union representative. A duly authorized member of the Union shall be granted reasonable time off during working hours to investigate and to seek to settle grievances, without loss of pay. TIME LIMITATIONS: Notwithstanding the time limitations set forth in this article, the Town and Union may extend them by mutual written agreement. BINDING EFFECT: The decision of the Arbitrator shall be final and binding upon the parties hereto except that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure Arbitrator shall not be thereby bypassedhave the power to add to or subtract from the terms and conditions of this Agreement.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to 27.01 Employees who feel that they have been unjustly dealt with by the Company, or complaints raised by employees concerning the application, interpretation or alleged violation of this Agreement recognize collective agreement shall be dealt with in the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.following manner:
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven Step 1 Within fourteen (714) calendar days after from the subject cause of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting grievance, the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it Local Chairperson or authorized committee member may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit present the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievanceAssistant Superintendent, the remedy soughtwho in turn, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the provide a decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days from the date of receiving the appeal from the Union.
Step 2 Within forty-five (45) calendar days from receiving the decision at Step 1, the Regional Representative of the Union may appeal in writing to the Company’s Sr. Vice President for Western Canada (attention Labour Relations). The Regional Representative of the Union can request a meeting (Joint Conference) with the Sr. Vice President of his/her designate within thirty (30) calendar days following the Union's Step 2 submission to review and discuss the grievance with the aim of resolving the dispute. The Company will provide a final response within thirty (30) calendar days of the parties’ Joint Conference, or, if a Joint Conference is not requested, within forty-five (45) calendar days of receipt of the grievance.
27.02 A grievance concerning the discipline or discharge of an employee will commence at Step 2 of the grievance procedure within forty-five (45) calendar days from the date the employee is notified of the assessment of discipline. On request, the Regional Representative of the Union shall be provided with all evidence in the case.
27.03 The settlement of a dispute shall not under any circumstances giving rise involve retroactive pay beyond a period of ninety (90) calendar days prior to the complaint or grievance. Such policy date that such grievance shall be signed by an OPAA representative or, in was submitted at Step 1 of the case of grievance procedure.
27.04 When a Hospital policy grievance, grievance other than one based on a claim for unpaid wages is not advanced by the Hospital or their representativeUnion within the prescribed time limits, the grievance will be considered as dropped. It is expressly understood that When the policy grievance process may appropriate officer of the Company does not be used render a decision within the prescribed time limits with respect to such a grievance, the grievance will be advanced by the Union to the next step of the grievance procedure.
27.05 When a grievance directly affecting an employee which they could have instituted themselves and is based on a claim for unpaid wages is not advanced by the regular Union within the prescribed time limits, the grievance procedure is considered as dropped. When the appropriate officer of the Company fails to render a decision on a claim for unpaid wages within the prescribed time limits, the claim will be paid. The application of this Article shall not be thereby bypassedconstitute a precedent or interpretation of the collective agreement by either party.
12.07 27.06 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits as set out abovein this Article may be extended by mutual agreement between the Union Representative and Company Officer at any step.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The purpose of this procedure is to assure prompt, fair and equitable resolution of disputes concerning the implementation and the administration of this agreement by providing a procedure set forth in this Article for adjusting and settling grievances. Notwithstanding this procedure, the parties agree to encourage open communications between House Staff Officers and the Medical Center so that resort to this Agreement recognize procedure will not normally be necessary.
1. A grievance shall be defined as a dispute regarding the stewards interpretation or application of the terms of this written Agreement, other than for adverse actions, and the OPAA representatives specified regular and recurrent assignment of House Staff Officers to duties not appropriate for House Staff Officers. Adverse actions shall be appealed pursuant to the procedures set forth in Article 5 17 (Adverse Action). Any violations of the adverse action procedure set forth in Article 17 are subject to the grievance procedure (Article 16 Grievance Procedure). Grievances may be brought by an individual House Staff Officer with the assistance of the CIR/SEIU, and shall be undertaken as follows:
(a) First Step: The House Staff Officer and CIR/SEIU shall present the agents through grievance in writing with the Program Director or Administrator, or his/her designated representative, who took or failed to take the action which employees shall process their grievances and receive settlement thereof.
a. The Hospital or gave rise to the Association shall not grievance. Grievances must be required to consider or process any grievance which arises out of any action or condition more than seven presented within ten (710) calendar business days after the subject House Staff Officer knew of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted alleged violation leading to the employee’s satisfaction grievance. The Program Director or Administrator, designee, shall give his/her answer in writing to the House Staff Officer and the CIR within seven (7) calendar business days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out belowthereafter.
12.03 Step 1 The employee will(b) Second Step: If no satisfactory settlement is reached at the First Step, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the House Staff Officer may present the grievance in writing to their immediate supervisor the Vice President- Human Resources or his/her designated representative within seven (7) calendar business days of after House Staff Officer receives the supervisor's unsatisfactory replyFirst Step answer from the Program Director or designee. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor Vice President for Human Resources or his/her representative will deal meet with the grievance House Staff Officer and will notify the grievor and the Association a representative of the decision CIR/SEIU within ten (10) business days after receipt of the written grievance and shall give his/her answer in writing to the written grievance within seven (7) calendar business days following after he/she meets with the date the grievance was presentedHouse Staff Officer and CIR representative.
12.04 Step 2 (c) Third Step: If the any grievance is not settled under Step 1satisfactorily resolved in the foregoing procedure, it the CIR/SEIU may be filed with the Hospital at Step 2 within seven thirty (730) calendar days after it receives the Vice President of Human Resources, or his/her representative’s answer at the Second Step, the CIR/SEIU may file a notice of arbitration with the American Arbitration Association, under its Voluntary Labor Arbitration Rules and Procedure, with a copy to the Vice President of Human Resources.
2. The award of the decision under Step 1 arbitrator shall be final and binding upon the Medical Center, the CIR/SEIU, and the House Staff Officers. The arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined above, and shall have no power to add to, subtract from or within seven (7) calendar days modify in any way any of the day this decision at Step 1 should have been madeterms of the Agreement. The parties fees and the expenses of the American Arbitration Association and the arbitrator shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed be borne equally by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint3. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted Failure by the Hospital, can relate Medical Center to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, respond within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out aboveprescribed shall be deemed a denial of the grievance.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to 21.1 Should either party allege a violation of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may Agreement, an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ effort shall be made to settle such matters promptly in accordance with this Grievance Procedure. Parties may not submit grievances on matters outside the scope of this Agreement.
21.2 Grievances of discharge must be asserted within five (5) working days of when the grieving party knew or an OPAA representative if desiredshould have known of the alleged violation, submit the grievance in writing to their immediate supervisor or else they are barred. All other types of grievances must be asserted within seven fifteen (715) calendar days of when the supervisor's unsatisfactory replygrieving party knew or should have known of the alleged violation, or else they are barred. The grievance period shall identify commence to run on the nature day following the action complained of. In case of the grievancedisciplinary action which results in a written warning, suspension or discharge, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a Shop ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have will be present, if requested by the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance formemployee.
12.06 21.3 A Policy grievance is defined as one which involves ▇▇▇▇▇▇▇ may investigate and attempt to adjust a question relating to the interpretationpending request, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy The Company and Union will determine those employees to be present at any scheduled meetings by and between the Company and the Union during the time the employee’s grievance shall be signed by an OPAA representative oris discussed, in provided the case meeting(s) do not interfere with operations.
21.4 Any grievance affecting the hourly rate of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves is settled in favor of the employee shall be retroactive to the date in which the error first occurred, as required by state law. In the event the state law changes, whether by legislative, judicial or administrative action, the Company’s liability under this provision shall be limited to sixty (60) days prior to the date the grievance was presented to the Company in writing in Step 1 of this procedure. Where the grievance has not been appealed as provided herein, it shall be considered settled on the basis of the last answer given by the Company. If the Company fails to respond in accordance with the time limits set forth herein, the Union may appeal it to the next step.
21.5 The Steps of the Grievance Procedure shall be as follows:
(A) Step One: Subject to Section 21.2, any employee or his/her designated ▇▇▇▇▇▇▇, having a complaint under the terms of this Agreement shall explain the matter to his/her supervisor. The employee may request the supervisor to summon the ▇▇▇▇▇▇▇. An attempt will be made to settle the grievance at this stage. Failing to resolve the grievance, it will be reduced to writing and submitted by the Union within five (5) working days to the Plant Manager or Human Resources Manager. The Union will notify the Company of all grievances by submitting the form in Appendix E. Subsequently, the Company shall date, sign and return to the Union’s Business Representative a copy of a Grievance within five (5) working days.
(B) Step Two: The Union and the regular Company’s Human Resources Business Partner and/or the Plant Manager shall discuss the grievance procedure within ten (10) working days from the date of receipt of the Step 1 grievance. Within ten (10) working days after the meeting between Company and Union, the Company shall not be thereby bypassedanswer in writing to the Union. Within ten (10) working days after receipt of the Company’s answer, the Union may refer the matter to Step 3.
12.07 (C) Step Three: The release or discharge Union, the Company’s Director, Labor Relations and/or a Company Representative from the Managing Director, West Gas Plants shall discuss the grievance within fifteen (15) working days from the date of receipt of the Step 2 grievance response. If the parties fail to resolve the grievance within fifteen (15) working days after the meeting, either party may refer the matter to arbitration.
(D) Either party may request the Federal Mediation and Conciliation Service (FMCS) to provide a probationary employee list of no less than seven (7) qualified arbitrators by separately submitting the request directly to the FMCS. Either party may reject a list in its entirety on one occasion. Within five (5) working days of receipt of such list, the individuals to represent the parties at the arbitration hearing and one other individual appointed by each party shall not confer to select an arbitrator by alternatively striking a name from the list until one name remains who shall be the subject of a grievance or arbitrationarbitrator. The Hospital agrees that it will not discharge, without just cause, an employee parties shall flip a coin to determine who has completed their probationary periodstrikes the first name. A claim by an employee who has completed their probationary period that they have been unjustly discharged The date to be set for the arbitration shall be treated as a grievanceone which is mutually agreed to by and among the arbitrator, the Union and the Company. Such grievance shall be originated at Step 2.
12.08 By mutual agreementAt this Step, the parties will also attempt to resolve the issue in a manner that is satisfactory to both parties. If an agreeable settlement is not reached, the parties will jointly advise the arbitrator of the following agreed upon steps which s/he is to follow in the rendering of his/her decision:
(1) The decision of the arbitrator shall be in writing and shall be final and binding upon the parties. The burden of proof for any decision shall be by a preponderance of the evidence.
(2) Back pay remedies affecting an employee’s hourly rate shall be awarded as provided in 21.4 above. All other remedies shall be limited to a maximum of no more than ten (10) months retroactive pay, unless it is shown that the Company willfully and deliberately violated the Agreement.
(3) The arbitrator shall have no power or authority to add to or subtract from or modify in any way the terms and conditions of this Agreement. Where discipline is at issue, the arbitrator shall only have the power to adjudicate the issue of “just cause.”
(4) All fees and expenses of the arbitrator shall be shared equally by the Company and the Union.
(E) The parties may mutually agree in writing to extend the time limits set out abovenoted above in (A), (B) and (C). Such notice and concurrence may be delivered electronically.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 Section 1. A grievance shall be any disagreement or dispute which arises concerning the application, meaning or interpretation of this Agreement. The written grievance shall be filed using the procedure in Section 2. Overtime grievances shall be submitted directly to the Human Resource Manager.
Section 2. Any employee, with notice to the Union, or the Union on the employee's behalf may file a grievance at Step 1 in writing with his/her immediate supervisor, with a copy to the HR Manager within thirty (30) calendar days of the alleged action or that date the employee or the Union knew or should have known of the alleged action. The parties agree it is in their mutual interest to this Agreement recognize resolve problems at the stewards lowest level possible and, therefore will communicate openly at all steps of the process either by phone conversation or meeting. Grievances shall not be frivolous and shall be submitted on the AFSCME Grievance Form and shall contain the articles alleged to have been violated, the specific reasons why the employee feels the articles were violated, and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofspecific remedy(s) requested. Any grievance that does not fulfill these standards may be found invalid by an arbitrator.
a. The Hospital Union or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed may request a meeting with the immediate other party to discuss the grievance. The supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a grievant or ▇▇▇▇▇▇▇ or an OPAA representative if desiredshall not be required to meet during non-work hours, submit however, the grievance in parties understand that schedules may preclude such meeting unless someone volunteers to attend on non-duty time. If a meeting is held the immediate supervisor's detailed response will be reduced to writing to their immediate supervisor within seven fifteen (715) calendar days from the date of the supervisor's unsatisfactory reply. The grievance shall identify the nature receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager.
b. If no meeting occurs in accordance with (a) above, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The immediate supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision shall give a detailed response in writing within seven (7) calendar days following from the date of receipt of the grievance was presentedgrievance. A copy will be sent to the Union and the HR Manager.
12.04 Step 2 2. If the grievance is not settled under resolved at Step 1, it may be filed with appealed to the Hospital at Step 2 Program Administrator within seven fifteen (715) calendar days of after the decision under Step 1 supervisor's response was due.
a. The Union or within seven (7) calendar days of Program Administrator may request a meeting with the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, party to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievanceProgram Administrator, signed by a Union ▇▇▇▇▇▇▇ or an OPAA representative grievant shall not be required to meet during non-duty hours, however, the parties understand that schedules may preclude such a meeting unless someone volunteers to attend on behalf non-duty time. If a meeting is held the Program Administrator's detailed response will be reduced to writing within fifteen (15) calendar days from the date of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages receipt of the grievance procedure commencing grievance. A copy of the response will be sent to the Union and to the HR Manager.
b. If the Program Administrator does not wish to meet in accordance with Step 1. The grievors (a) above, he/she shall be listed on respond in writing to the grievance formwithin seven (7) calendar days from the date of receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager.
12.06 A Policy Step 3. If the grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated remains unresolved at Step 2, bypassing it may be appealed to the HR Manager or his/her designee within fifteen (15) calendar days after the response at Step 12 is due. The HR Manager or his/her designee shall respond by either arranging a meeting or responding with a written decision within fifteen (15) days. If a meeting is held the HR Manager or his/her designee shall respond to the employee or Union within fifteen (15) days from the date of the meeting.
Step 4. If the grievance remains unresolved at Step 3, the Union may appeal to the Department of Administrative Services within fourteen fifteen (1415) calendar days following the circumstances giving rise to receipt of the complaint response at Step 3. The Department of Administrative Services shall respond within fifteen (15) calendar days after receipt of the grievance.
Section 3. Time limits may be extended by agreement of the parties confirmed in writing.
Section 4. The Union or the grievant shall not expand upon the original elements and substance of the written grievance. Such policy Prior to Step 3 of the Grievance Procedure, the Union or the employee may however, modify for the purpose of clarity, the articles cited as being violated and the remedy requested prior to filing at Step 3 of the Grievance Procedure. Improper expansions may, however, be the basis for an arbitrator to find a grievance shall be signed by an OPAA representative or, in invalid if the case of a Hospital policy grievance, Employer has identified the problem by the Hospital or their representativeStep 4 response. It is expressly understood that All so called "group" grievances must be specific at the policy initial step of the grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves procedure and must detail the articles violated, the employees affected and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge reasons for both. Issues of a probationary employee shall not vagueness and/or overbreadth remaining at the time of arbitration may be the subject of basis for an arbitrator to find a group grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2invalid.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 8.01 The parties purpose of this article is to this Agreement recognize establish a procedure for the stewards and prompt handling of grievances. A nurse representative may assist the OPAA representatives specified grievor at any stage of the grievance procedure if so requested. Prior to formal discipline or discharge, the Employer shall notify the nurse, in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofadvance, of her entitlement to union representation.
a. The Hospital 8.02 A nurse who has a complaint relating to the interpretation, application, administration or alleged violation of the Association Agreement shall not discuss her complaint with the Nursing Director of the unit. Such complaint shall be required brought to consider or process any grievance which arises out the attention of any action or condition more than seven the Nursing Director of the unit within ten (710) calendar days after of the subject nurse becoming aware of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting circumstances giving rise to the employee’s complaint. If The Nursing Director of the complaint is not adjusted to the employee’s satisfaction unit shall state her decision orally within seven (7) calendar days of being discussed receiving the complaint. Should the nurse be dissatisfied with the immediate supervisorNursing Director of the unit's disposition of the complaint, it such nurse may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar working days of the supervisor's unsatisfactory replyreply to the complaint by the Nursing Director of the unit, refer such matter in writing to the Director of Resident Services who shall answer the grievance in writing within five (5) working days. If no settlement is reached at Step #1, the grievance may be referred in writing to the Chief Executive Officer or designate. The grievance parties shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged meet to have been violated. The supervisor will deal with discuss the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar working days following of the date Director of Resident Services’ reply or at a time mutually agreed upon. The Association representative may be in attendance at this meeting at the grievance was presented.
12.04 Step 2 request of either party. The Chief Executive Officer or designate shall reply in writing within five (5) working days, with a copy to the Association representative. If the grievance is not settled under Step 1, it may be filed with referred to arbitration as hereinafter provided.
(a) The Association or the Hospital Employer may initiate a grievance beginning at Step #2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievanceGrievance Procedure. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.filed within ten
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to Only matters involving the interpretation, application or enforcement of the terms of this Agreement recognize shall constitute a grievance. Other employee or Union work related complaints may be brought before the stewards Civil Service Board provided such complaints are within the jurisdiction of the Civil Service Board. Further, it is agreed that the grievance provisions and the OPAA representatives specified Civil Service appeals procedure are mutually exclusive, and that no relief shall be available under both. Before a formal grievance is initiated, the employee shall discuss the matter with his/her immediate supervisor. If the problem is not resolved in Article 5 as discussion, the agents through following procedure shall be used to adjust the grievance:
A. The employee shall put the grievance or complaint in writing on the Employee Problems Form Step I within seven calendar days of having knowledge of the event which employees shall process their grievances gives rise to the grievance. In the space provided, the employee will indicate what Section and receive settlement thereofpart of the Agreement is in violation and the requested remedy, and submit the form to his/her immediate supervisor.
a. B. The Hospital or immediate supervisor will notify the Association shall not employee in writing of his/her decision in the space provided on the original Employee Problems Form Step I. This form will be required returned to consider or process any grievance which arises out of any action or condition more than the employee and Local Union 9 within seven (7) calendar days after receipt of the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employeewritten complaint.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 A. If the grievance is not settled under at the first step, a Local Union 9 representative and/or the employee shall have the right to make an appeal in writing on Employee Problems Form Step 1, it may be filed with II to the Hospital at Step 2 Department Head within seven (7) calendar days after the date of receipt by the Union of the decision by the immediate supervisor.
B. The Department Head or his/her designated representative will notify the employee in writing with a copy to Local Union 9 of his/her decision on Employee Problems Form Step II within seven calendar days of receipt of the decision under Step 1 II form.
A. If the grievance is not settled in Step II, the Union or the employee may appeal in writing on the space provided on Employee Problems Form Step III along with Steps I and II, to the Director of Human Resources within seven (7) calendar days of receipt by the day this decision at Step 1 should have been made. The parties shall meet within seven (7) Union of the Department Head’s decision.
B. Within fourteen calendar days of this filing, or at such other time as mutually agreed receipt by the partiesDirector of Human Resources of the Employee Problems Form Step III, the Director of Human Resources or his/her designee shall meet with the Union and attempt to discuss the resolve said grievance. The Hospital shall notify the grievor , and the Association Director of its decision Human Resources or his designee shall reply in writing to the Union with a copy to the employee within seven calendar days of said meeting.
C. If a grievance is not settled at the third step, either Local Union 9 or the District may notify each other in writing within nine (9) calendar ten days following of the receipt of the Step 2 meetingIII decision, that they request final and binding arbitration.
12.05 A Group D. If the grievance or arbitration affects more than one employee, the grievance or arbitration may be presented by a single selected employee representative of the group or class. If the initial grievance is defined as not presented within the time limit set forth in Step IA above, the employee and/or Local Union 9 shall be considered to have waived the right to pursue the grievance.
E. Requests by the Union for a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group reasonable number of employees to be excused from work with pay to attend Step III Grievance or Arbitration meetings will be allowed for the period necessary for employees who have the same complaintactually attend such meetings. Such grievances must be dealt with Attendance at successive stages a Step III Grievance or Arbitration hearing outside of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may employee’s regular work hours will not be used with respect to a grievance directly affecting compensated if the meeting is scheduled on an employee which they could have instituted themselves and employee’s day off or outside the employee’s regular grievance procedure work hours. Employees shall not be thereby bypassedallowed mileage and parking expenses for attending Step III Grievance or Arbitration Meetings.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee 16.01 An employee, or group of employees file employees, covered by this Agreement, who has a grievance on behalf concerning the interpretation or alleged violation of another employeethis Agreement, or other causes for complaint, shall be entitled to hearings and appeals as provided in the Article.
b. It is understood that an employee 16.02 Any complaint shall first give be discussed with the appropriate Supervisor of the employee(s) concerned. The employee(s) concerned shall try to resolve the matter with the appropriate Supervisor and if they wish may be accompanied by a representative of the Union with a view to settling the matter promptly at the local level.
(a) Should the matter not be resolved through discussion the employee or their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted representative may submit a written grievance to the employee’s satisfaction Manager or designate within seven (7) calendar business days after the occurrence or awareness of being discussed with the immediate supervisor, it may be taken up as a grievance as set out belowsituation causing the grievance.
12.03 Step 1 (b) The employee will, accompanied by grievance shall provide an adequate statement of the alleged violation and indicate the redress sought.
(c) The Manager shall provide a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor written response within seven (7) calendar business days of the supervisor's unsatisfactory reply. The grievance shall identify the nature receipt of the written grievance.
(d) Should the Union be unsatisfied with the response, the remedy sought, and should specify Union may appeal to the provisions of Station Manager as outlined in Step 2.
(a) Should the Agreement which are alleged Step 1 decision be unsatisfactory or if no decision is made within the specified time limits the Union may appeal to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing Station Manager within seven (7) calendar days following the date the grievance was presentedbusiness days.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 (b) The Station Manager shall hold a hearing within seven (7) calendar business days of receipt by written grievance and reasonable notice of the hearing shall be given to the Union.
(c) Within seven (7) business days following this hearing the Station Manager or designate, shall render their decision under in writing to all parties concerned.
(a) Should the Step 1 2 decision be unsatisfactory or if no decision is made within the specified time limits, the Union may appeal to the Company’s Labour Relations Department within seven (7) calendar days of the day this decision at Step 1 should have been made. business days.
(b) The parties Company shall meet hold a hearing within seven (7) calendar business days of this filing, or at such other time as mutually agreed receipt by the parties, to discuss the grievance. The Hospital shall notify the grievor written grievance and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages reasonable notice of the grievance procedure commencing with Step 1. The grievors hearing shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating given to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedUnion.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize Definition: A grievance shall be defined as any dispute or disagreement between the stewards Employer and the OPAA representatives specified in Article 5 as Union or any member(s) of the agents through which employees shall process their grievances and receive settlement thereofUnion regarding the interpretation, meaning, operation, application, or alleged violation of this Agreement.
a. The Hospital or 8.01 Step 1: Union members shall endeavour to settle grievances through appropriate administrative channels before a formal claim is filed. Should such attempts fail to resolve the Association shall not be required to consider or process any matter, the Union may file the grievance which arises out of any action or condition more than seven with the Superintendent, Human Resources and Workplace Diversity, within thirty (730) calendar days after from the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted event giving rise to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital Superintendent, Human Resources and Workplace Diversity, shall notify arrange a meeting with the grievor Union within five (5) working days of the filing of the grievance. The Superintendent, Human Resources and Workplace Diversity, shall give a written decision within five (5) working days of the meeting or within such other mutually agreed upon time.
8.02 Step 2: In the event that the Superintendent, Human Resources and Workplace Diversity, does not give a decision satisfactory to the Union, or does not render a decision within the period prescribed above, the Union may, within ten (10) working days, then refer the written grievance to the Deputy Director of Division Services or designate.
8.03 Step 3: Failing satisfactory resolution in Step 2 the Union may within ten (10) consecutive days of receipt of the decision of the Deputy Director forward a written claim of grievance and redress sought to the Secretary-Treasurer of the Board. The Secretary-Treasurer shall submit the written claim to the Board at its next regular meeting for consideration. The Board will within twenty-one (21) consecutive days of this regular meeting, review the grievance and the Association Union may have its representative and the Employee or Employees concerned present at the review hearing. A decision of its decision in writing the Board with respect to the grievance will be forwarded within nine ten (910) consecutive days from the review date or within such time as may be mutually agreed upon.
8.04 Step 4: Any grievance which is not settled by the procedure set out above, may be referred to a Board of Arbitration by either party to this Agreement. Application for the establishment of a Board of Arbitration must be made by either party within ten (10) calendar days following from the Step 2 meeting.
12.05 A Group grievance date the decision of the Board is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf rendered. The Board of Arbitration shall be set up in accordance with provincial legislation. When either party applies for the establishment of a group Board of employees who have Arbitration, each party shall pay the same complaint. Such grievances must be dealt with at successive stages fees and expenses of their own nominee and witnesses (if any), and shall pay one-half of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct cost of the Association, its fees and expenses of the Chairman. If the representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise are unable to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of agree on a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreementChairperson, the parties may extend Minister of Labour will be requested to appoint the time limits set out aboveChairperson.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 Section 8.1 The parties to this Agreement recognize the stewards Board and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances Association support and receive settlement thereof.
a. The Hospital subscribe to an orderly method of adjusting disputes or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance complaints that arise on behalf of another employeean employee with respect to the interpretation or application of the terms of this Agreement. To this end, the employee shall bring the problem to the attention of the immediate supervisor who shall attempt to resolve the problem informally.
b. It Section 8.2 A grievance is understood that a dispute between an employee and the Administration regarding the meaning, interpretation or application of any provision of this Agreement. Grievances shall first give their immediate supervisor be filed by the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed aggrieved employee and processed in accordance with the immediate supervisor, it may be taken up as a grievance as set out below.following procedures:
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit (1) Within ten (10) weekdays after the grievance in writing to their immediate supervisor within seven (7) calendar days aggrieved has become aware of the supervisor's unsatisfactory reply. The grievance shall identify event that is the nature of basis for the grievance, he/she shall discuss the remedy soughtmatter with his/her supervising Administrator.
(2) If such discussion does not resolve the matter to the grievant’s satisfaction, he/she shall notify the Association President within ten (10) weekdays after the discussion. If desired by the grievant (or by the Association President if it is a grievance filed in accordance with Section 8.4), the Association President, upon such notification, shall notify the Administration that the joint bargaining team needs to convene to discuss the issue raised by the grievant. The joint team shall meet within ten (10) weekdays of that notification in an attempt to resolve the issue raised by the grievant.
(3) If such discussion does not resolve the matter to the grievant's satisfaction, or if the grievant chooses not to involve the joint bargaining team, he/she shall file a written grievance with the supervising Administrator within ten (10) weekdays after the discussion. The written grievance shall state the facts upon which it is based and should specify the reference all provisions of the Agreement which are alleged involved. A copy of the written grievance shall be given to have been violatedthe Chairperson of the Association Grievance Committee. The supervisor will deal supervising Administrator shall give a written reply within five (5) weekdays after receiving the grievance.
(4) If such reply does not resolve the matter to the grievant's satisfaction, he/she shall file a written statement of the reason why with the President of the College, or his/her designee within five (5) weekdays after receiving the reply. The President, or his/her designee, shall discuss the matter with the grievant, the Association President the Chairperson of the Association Grievance Committee and the administrator(s) within fifteen (15) weekdays. (If the President desires, a representative of the Board shall also be in attendance.) The President, or designated representative, shall give a written reply to the grievant within ten (10) weekdays after the discussion with a copy to the Chairperson of the Association Grievance Committee.
(5) If such reply does not resolve the matter, the Association Grievance Committee may refer the grievance and will notify to arbitration by giving written notice to the grievor President within ten (10) weekdays after receiving the reply. Within five (5) weekdays of receipt of the notification to refer the matter to arbitration, the President of the College and the Association representative President shall confer to select a mutually agreed upon arbitrator. If the parties cannot agree upon an arbitrator, an arbitrator shall be selected from a panel of five (5) names submitted by the Michigan Employment Relations Commission in accordance with its procedures. The arbitrator is empowered to make a decision in cases of an alleged violation of specific Articles or Sections of this Agreement.
(1) The arbitrator shall have no power to add to, subtract from, alter, or modify any of the decision in writing within seven (7) calendar days following the date the grievance was presentedterms of this Agreement.
12.04 Step 2 If (2) The arbitrator shall be limited to deciding whether the Administration has violated specific Articles or Sections of this Agreement, and shall not substitute his/her judgment for that of the Administration as to the reasonableness of any practice, policy or rule established by the Board.
(3) Should either party dispute the arbitrability of any grievance, the arbitrator shall first rule on the question of arbitrability. Should the arbitrator determine the grievance is not settled under Step 1arbitrable, it may shall be filed with referred back to the Hospital at Step 2 parties without decision or recommendation of its merits.
(4) The decision of the arbitrator shall be rendered within seven thirty (730) calendar days after the conclusion of the hearing. There shall be no appeal from the arbitrator's decision under Step 1 or if within seven (7) calendar days the scope of authority as set forth above. It shall be final and binding on the Association, the members of the day bargaining unit and the Board. Neither the Board nor the Association shall encourage, and both shall discourage, any of their members to make an appeal to any Court or other Board from a decision of an arbitrator and neither shall attempt by any other means to bring about the settlement of any grievance.
(5) The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. 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.
Section 8.4 If a grievance involves a dispute regarding the rights of the Association under this decision Agreement rather than the rights of individuals, the grievance shall be filed in writing by the President of the Association with the President of the College at Step 1 should have been made. The parties shall meet 3 above within seven ten (710) calendar days weekdays after becoming aware of this filing, or at such other time as mutually agreed by the parties, to discuss event which is the basis of the grievance. The Hospital shall notify the grievor and .
Section 8.5 An employee may, at any time, elect to not have the Association involved in the processing of its decision in writing within nine (9) calendar days following his/her grievance. At any time, any individual employee may present a grievance to the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who Administration and have the same complaintgrievance adjusted. Such grievances must be dealt with at successive stages This adjustment may occur without intervention of the grievance procedure commencing Association Grievance Committee if the adjustment is not inconsistent with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration terms of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood provided that the policy grievance process may not Association Grievance Committee has been given an opportunity to be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedpresent at such adjustment.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreementSection 8.6 Since grievances are best settled if initiated and processed promptly, the parties may extend the foregoing time limits set out abovewill be adhered to unless an extension is mutually agreed upon in writing. "Weekdays" (including summer weekdays) means Monday through Friday excluding designated holidays.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize It is the stewards mutual desire of the Employer and the OPAA representatives specified in Article 5 as the agents through which employees shall process their Union to ensure that complaints and grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. are adjusted as quickly as possible. It is generally understood that an employee having a complaint shall first give their immediate the supervisor the an opportunity of adjusting the employee’s complaint. If condition causing the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it before lodging a formal grievance. The employee may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a with their ▇▇▇▇▇▇▇ when up a complaint with the supervisor. Any written dispute regarding the application, administration, interpretation or an OPAA representative if desiredalleged violation of this Agreementshall be considereda grievance.The grievance shall specify the of the Agreement of which a violation is alleged, submit contain a brief statement of the facts relied upon and indicate the relief sought, and the grievance shall be dealt with in the following manner: The grievance must be submitted in writing within fourteen (14)calendar days of the incident giving rise to the complaint or from the employee's knowledge of the occurrence giving rise to the grievance. The supervisor shall give an answer, in writing, to the ▇▇▇▇▇▇▇ no later than five (5) calendar days after the grievance is first submitted. If the supervisor fails to give an answer to the grievance within the time limit set forth in Step One, or if the answer is unsatisfactory, the Union Executive Committee may within fourteen (14) calendar days, take the grievance to the next step, Step Two. A meeting shall take place, between the appropriate superintendent or manager responsible for the department, the Director of Human Resources or their immediate supervisor delegate and the Union Executive Committee, within seven (7) calendar days of the supervisor's unsatisfactory replyreceipt of the grievance at Step Two. The grievance Employer shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the deliver its decision in writing within five (5) calendar days following the Step Two meeting. If management fails to give an answer to the grievance within the time limit set forth in Step Two, or if the answer is unsatisfactory, the Union Executive Committee may refer the grievance to the Director of Operations and the National Union Representative within fourteen (14) calendar days who shall schedule a meeting to take place between the Director of Operations and/or other designated management and the National Union Representative and the Union Executive Committee within twenty-one (21) calendar days. The Director of Operations shall deliver their decision, in writing, within seven (7) calendar days following the date Step Three meeting. The Union or the Employer may initiate a policy grievance at Step Two of the grievance was presented.
12.04 Step 2 If the procedure. Such grievance is not settled under Step 1, it may shall be filed with within fourteen (14) calendar days of the Hospital incident giving rise to the complaint or from the knowledge of the occurrence giving rise to the grievance. The Union Executive Committee on behalf of an employee who is discharged or suspended for more than three (3) days may file a grievance at Step 2 Two of the grievanceprocedure within seven (7) calendar days of the decision under Step 1 discharge or within seven (7) calendar days of the day this decision suspension. If a grievance is not settled at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filingThree, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of either party may process the grievance procedure commencing to arbitration in accordance with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in Article In the case of a Hospital policy grievance, by the Hospital discipline or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge termination of employment of a probationary employee student and where the student grieves, the Employer shall not be the subject of a grievance or arbitration. The Hospital agrees required to show that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2acted reasonablyin discipliningor terminating the employment of the student.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 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 this Agreement recognize including any question as to whether a matter is arbitral. Timelines in this article may be extended by the stewards and mutual agreement of the OPAA representatives specified parties in Article 5 as writing.
8:02 It is the agents through which mutual desire of the parties hereto that complaints of employees shall process their grievances be adjusted as quickly as possible, and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It it is understood that an employee shall has no grievance until he has first give their given his immediate supervisor the opportunity of adjusting his complaint. If an employee has a complaint, such complaint shall be discussed with his immediate supervisor within ten (10) calendar days after the circumstances giving rise to the complaint have originated or occurred, or ought to reasonably have come to the attention of the employee. The employee may have the assistance of the employee’s complaintUnion Representative. If the grievor and immediate supervisor are unable to adjust a complaint is not adjusted to the employee’s their mutual satisfaction within seven (7) calendar days of being discussed the employee may proceed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor procedure within seven (7) calendar days following the decision of the immediate supervisor's unsatisfactory reply.
8:03 A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: The employee, with the assistance of a Union Representative if desired, may submit a written grievance, signed and dated by the employee to the Department Manager or designate. The grievance shall identify the nature of the grievance, the remedy sought, and should specify wherever possible the provisions section or sections of the Agreement which are alleged to have been violatedviolated shall be set out in the grievance. The supervisor Department Manager or designate will deal with the grievance and will notify the grievor and the Association representative of the deliver a decision in writing within seven (7) calendar days of her receipt of the written grievance. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, the next step in the grievance procedure may be taken. Within seven (7) calendar days following the date decision under Step No. 1, the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with submitted to Human Resources or designate, to be discussed at a meeting between Human Resources or designate, the Hospital at Step 2 said grievor(s) and the Union Representative, within seven (7) calendar days of receipt of the decision under Step 1 grievance or within such other time as may be mutually agreed by the parties. Either party may have assistance from outside the Hospital at this stage if desired. Human Resources or designate shall give written disposition within seven (7) calendar days of the day this decision at of such meeting. Failing settlement, either party may submit the matter to arbitration within fourteen (14) calendar days after the reply in Step 1 should 2 is given. If no written request for arbitration is received within such fourteen (14) calendar day period, the grievance will be deemed to have been madeabandoned.
8:04 If an employee’s immediate supervisor and Department Manager are the same person, the grievance will be submitted to Step No. The parties shall meet 2 within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the decision under Step 2 meetingNo. 1.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to this Agreement recognize the stewards and interpretation, application, administration or alleged violation of the OPAA representatives specified in Article 5 Agreement, including any question as the agents through which employees shall process their grievances and receive settlement thereofto whether a matter is arbitrable.
a. The Hospital 8.02 At the time formal discipline is imposed or at any stage of the Association grievance procedure, including the complaint stage, a nurse is entitled to be represented by her nurse representative. In the case of suspension or discharge, the Employer shall not notify the nurse of this right in advance.
8.03 It is the mutual desire of the parties hereto that complaints of nurses regarding the collective agreement shall be required to consider adjusted as quickly as possible and it is understood that a nurse has no grievance until she has first given her Executive Director of Resident Nursing Services opportunity of adjusting her complaint. Such complaint shall be discussed with her Executive Director of Resident Nursing Services or process any grievance which arises out of any action or condition more than seven designate within nine (79) calendar days after the subject circumstances giving rise to it having occurred and the Executive Director of such grievance occurred. At no time may an employee Resident Nursing Services or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee designate shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction reply within seven nine (79) calendar days of being discussed with the immediate supervisor, it may days. It shall then be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven nine (79) calendar days in the following manner and sequence:
Step 1: The nurse may submit a written grievance signed by her to the Executive Director of the supervisor's unsatisfactory replyResident Nursing Services or designate. The grievance shall identify the nature Executive Director of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor Resident Nursing Services or designate will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its deliver her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her. Failing settlement then:
Step 2 meeting2: Within nine (9) calendar days following the decision under Step No. 1 the nurse may submit the written grievance to the CEO/Administrator or designate. The parties will, if either party requests, meet to discuss the grievance at a time and place suitable to both parties. The CEO/Administrator or designate will deliver the decision in writing nine (9) calendar days from the date on which the written grievance was presented to him.
12.05 8.04 A Group complaint or grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have arising directly between the same complaint. Such grievances must be dealt with at successive stages of Employer and the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to Union concerning the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct alleged violation of the Association, its representatives or stewards. A policy grievance Agreement shall be originated at Step 2, bypassing Step 1, No. 2 within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy A grievance by the Employer shall be filed with the Local President or her designate.
8.05 Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Executive Director of Resident Nursing Services or his/her designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the nurse(s). The grievance shall then be signed by an OPAA representative or, in treated as being initiated at Step No. 2 and the case applicable provisions of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used this Article shall then apply with respect to the processing of such grievance.
8.06 The release of a grievance directly affecting an employee which they could have instituted themselves probationary nurse for reasons based on performance and ability to do the regular grievance procedure job, including skills, suitability and availability shall not be thereby bypassed.subject to the grievance procedure unless the probationary nurse is released for:
12.07 (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 release or discharge of a probationary employee shall not be the subject nurse within seven (7) days of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary periodsuch release. A claim by an employee who a probationary nurse that she has completed their probationary period that they have been unjustly discharged released shall be treated as a grievance, provided the nurse is entitled to grieve, if a written statement of such grievance is lodged by the nurse with the Employer at Step 2 within seven (7) days after the date the release is effected. Such grievance shall be originated treated as a special grievance as set out below The Employer agrees to provide written reasons within seven (7) calendar days to the affected nurse in the case of discharge or suspension and further agrees that it will not suspend, discharge or otherwise discipline a nurse who has completed her probationary period, without just cause. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the nurse with the Employer at Step 2No. 2 within nine (9) 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 nurse; or
(b) reinstating the nurse 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.
12.08 By mutual agreement8.07 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 grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty-six (36) calendar days after the decision under Step No. 2 is given, the parties may extend grievance shall be deemed to have been abandoned. Where such a written request for arbitration is postmarked within thirty-four (34) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits set out abovelimits.
8.08 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 nurses.
8.09 Grievances shall be on a form mutually agreed upon by the parties.
(a) When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement and within eighteen (18) calendar days name a nominee. Within eighteen (18) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee 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 nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of thirty (30) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman.
(b) Within ten (10) days of the receipt of notice referred to in Article 8.10 (a) either party may require a process for a sole arbitrator where the grievance concerns:
i) job posting;
ii) a short term layoff;
iii) responsibility pay, premiums, overtime and call-in pay;
iv) entitlement to leave;
v) scheduling issues;
vi) any other grievance as mutually agreed. All references in Article 8 to an Arbitration Board shall be taken to include a sole arbitrator.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 Grievances will be processed as the agents through which employees shall process their grievances and receive settlement thereof.follows:
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an Step 1: Any employee or group of employees file who has a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replyemployee’s Battalion Chief or designee, with or without a Union representative. The grievance shall identify the nature contain a full statement of the grievanceall relevant facts, the remedy sought, and should specify the provision or provisions of the this Agreement which are alleged to have been violated, and the relief requested. To be timely, the grievance must be presented no later than ten (10) calendar days after the first act, event or commencement of the condition which is the basis of the grievance or ten (10) calendar days after the employee, through the use of reasonable diligence, should have had knowledge of the first act, event or commencement of the condition which is the basis of the grievance. The supervisor Battalion Chief or designee shall notify the Union that a grievance has been filed as soon as practicable. The Union will deal then have ten (10) calendar days from receipt of the notification to review the grievance with the grievance grieving employee and will to notify the grievor and Battalion Chief if the Association representative of grievance should proceed forward in the decision process. The Battalion Chief or designee shall respond to the grievance in writing within seven ten (710) calendar days following of receiving the date the grievance was presentedUnion’s notice to proceed or if no response is given.
12.04 Step 2 2: If the grievance is not settled under at Step 1, it may the written grievance shall be filed presented by the employee, with or without a Union representative, to the Hospital at Step 2 within seven Fire Chief, or the Chief’s designee, no later than ten (710) calendar days of after the decision under Step 1 date the Battalion Chief or designee emails the response to the grievance and places such response in the employee’s department mail box. The Fire Chief, or the Chief’s designee, may meet with the employee and, if the employee so requests, a Union representative, in an effort to resolve the grievance within seven ten (710) calendar days of after the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filingChief, or at such other time as mutually agreed by the partiesChief’s designee, to discuss receives the grievance. The Hospital Chief, or the Chief’s designee, shall notify reply to the grievor and the Association of its decision in writing grievance within nine ten (910) calendar days following after the Step 2 date of the meeting, or, if there is no meeting, within ten (10) calendar days after the written grievance was received by the Chief, or the Chief’s designee.
12.05 A Group Step 3: If the grievance is defined as a single grievancenot settled in Step 2, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy written grievance shall be originated at Step 2presented by the employee, bypassing Step 1with or without a Union representative, to the City Manager, or the Manager’s designee, not later than ten (10) calendar days after the date the Fire Chief, or the Chief’s designee, emails the response to the grievance and places such response in the employee’s department mail box. The City Manager or the Manager’s designee shall make such investigation of the facts and circumstances as the Manager, or the Manager’s designee, deems necessary, and may meet with the employee and, if the employee so requests, a Union representative. The City Manager or the Manager’s designee will give a written answer to the grievance within ten (10) calendar days after the date of the meeting, or, if there is no meeting, within fourteen (14) calendar days following after the circumstances giving rise date the grievance was received by the Manager, or the Manager’s designee.
Step 4: If the grievance remains unresolved within ten (10) calendar days after the reply of the City Manager or the Manager is due, the Union, by written notice to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative orEmployer, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or invoke arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated An electronic submittal and reply from a City email account is acceptable as a grievance. Such grievance shall be originated the written submittal at Step 2any level of the process.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards 8:01 It is mutually agreed that complaints and the OPAA representatives specified in Article 5 as the agents through which grievances of employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredadjusted as quickly as possible. At no time may an Any employee or group of employees file having a grievance on behalf of another employee.
b. It is understood that an employee complaint shall first give advise their immediate supervisor that they wish to see a committee person. The employee may then refer the opportunity of adjusting matter to their committee person, who will discuss such matters with the employee’s complaintimmediate Supervisor(s). Up to two (2) Union Officials may meet with the immediate Supervisor in an effort to reach a settlement. If a satisfactory settlement of the complaint is not adjusted reached within two (2) working days, then the complaint may be filed as a grievance under the following procedure:
STEP 1: Any employee or employees having a grievance shall sign a written grievance form and present the said grievance to a committee person who shall present it to the Senior Manager - Facilities Services (or designate) within five (5) working days after the incident giving rise to the grievance became known to the employee’s satisfaction within seven (7) calendar days of being discussed . A meeting will be held with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor Union within seven five (75) calendar working days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify Senior Manager - Facilities Services (or designate) shall, within five (5) working days of the meeting, deliver their written decision to the grievor and a copy thereof to the Association of its decision in writing within nine (9) calendar days following Chairperson and to the Step 2 meetingLocal Union office.
12.05 STEP 2: Failing settlement under Step 1, the grievance shall be presented to the Superintendent of Human Resources (or designate) and a meeting shall be held between the Senior Manager - Facilities Services (or designate), Superintendent of Human Resources (or designate) and the Union, including the President of the local bargaining agent or designate, within five (5) working days. A Group grievance is defined as decision shall be rendered by the Superintendent of Human Resources (or designate) within five (5) working days of such meeting. The written decision will be provided to the grievor and a single grievance, signed by copy thereof to the Chairperson and to the Local Union office.
STEP 3: If a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages satisfactory settlement of the grievance procedure commencing with is not reached under Step 12, the Union may, within ten (10) working days of receipt of the decision, request that the grievance be submitted to arbitration as hereafter provided.
8:02 In addition to submitting the grievance to arbitration, the Union may submit a request to present the grievance to the Trustees for possible resolution. The grievors A meeting shall be listed on held between the grievance formTrustees and the Union within thirty (30) days of the request, if possible, to discuss the grievance.
12.06 A Policy 8:03 The Board acknowledges the right of the Union to present any policy grievance is defined as one the alleged circumstances of which involves a question relating to are originated through the interpretation, application or administration of this the Agreement and, when submitted by the Hospital, can relate including any question as to the conduct whether a matter is arbitrable. Such grievances shall start with Step 2 of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, procedure.
8:04 Time limits mentioned in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not may be thereby bypassedextended by mutual written consent of the parties.
12.07 The release or discharge of a probationary employee shall not be 8:05 Every meeting held after the subject filing of a grievance may be attended by the grievor (if requested by the Union), the President of the local bargaining agent or arbitrationdesignate, and the Superintendent of Human Resources or designate. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged There shall be treated as a grievance. Such grievance shall be originated at Step 2an equal number of attendees for both parties.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties Section 9.1 It is the goal of both the Union and the City to settle problems at the lowest possible level in a cooperative and objective manner. Prior to presenting the immediate supervisor with a written grievance, the employee and/or Union representative are encouraged to discuss the incident with the employee’s immediate supervisor. A grievance under this Agreement recognize is defined as a written dispute, claim, or complaint arising under and during the stewards term of this Agreement and filed by either an authorized union representative acting on behalf of the OPAA representatives employee, or an employee in a recognized classification, or a grievance filed by the City. Grievances are limited to matters of interpretation or application of express provisions of this Agreement. For issues regarding the Tacoma Municipal Code Personnel Rules or Compensation Plan, which are not explicitly covered by this Agreement, refer to the Joint Labor Agreement. Time limits set forth in the following steps will be stated in calendar days. If the deadline for any action under the grievance procedure falls on a weekend or holiday, the deadline will be extended to the next working day. Any and all timelines specified in this Article 5 may be waived by written mutual agreement of the parties. Should the City fail to submit a reply within the specified time limits without such a waiver, the Union may automatically submit the grievance to the next step. In the event that the Union fails to submit the grievance within these time limits without such written notice, the matter will be considered as the agents through which employees shall process their withdrawn. All grievances and receive settlement thereof.
a. The Hospital or the Association shall must be filed as soon as possible, but not be required to consider or process any grievance which arises out of any action or condition more later than seven thirty (730) calendar days after occurrence of the subject of such grievance occurredcircumstances giving rise to the grievance. At no time may an employee or group of employees Otherwise, the right to file a grievance on behalf of another employeeis forfeited and no grievance will be deemed to exist.
b. It Section 9.2 Any employee having a complaint is understood that an employee shall encouraged to first give take up the matter with their immediate supervisor the opportunity of adjusting supervisor. A complaint alleging discrimination by the employee’s complaintimmediate supervisor may be initiated at Step 2 of the procedure outlined below. Any resolution at this level will be non-precedent setting. If no satisfactory answer or disposition is received within five (5) calendar days, the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may will be taken up processed as a grievance as set out below.follows:
12.03 Step 1 The employee and/or their Union representative will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desiredas soon as possible, submit the grievance in writing to their immediate supervisor within seven but not later than thirty (730) calendar days after occurrence of the supervisor's unsatisfactory reply. The grievance shall identify the nature of circumstances giving rise to the grievance, reduce the remedy soughtmatter to written form, and should specify stating all facts in detail, the provisions section or sections of the Agreement which are contract alleged to have been violated, and proposed remedy, and submit same to immediate supervisor or the City official most immediately involved, with a copy to the City’s Labor Relations Division. The supervisor or official will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven fourteen (714) calendar days following issue a written response to the date Union specifying the issue, and the City’s decision.
Step 2 Failing to resolve the grievance was presented.
12.04 Step 2 If in the grievance is not settled under Step 1first step, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA Union representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1will, within fourteen (14) calendar days following of receipt of the circumstances giving rise City’s Step 1 disposition submit the grievance in writing to the complaint head of the employee's department (General Government) or grievancedivision (Utilities) with a copy to the City’s Labor Relations Division. Such policy grievance shall be signed by an OPAA representative orManagement will within fourteen (14) calendar days issue a written response to the Union specifying the issue, and the City’s Step 2 decision, with a copy to the City’s Labor Relations Division.
Step 3 Failing to resolve the issue in the case second step, the Union will, within fourteen (14) calendar days of the City’s Step 2 disposition, contact the Human Resources Director to arrange a Hospital policy meeting between the Union and the City to discuss said grievance, copying the employee’s Department or Division Head and the City’s Labor Relations Division. Any grievance filed by the Hospital City will be first considered at this step. This meeting between the Union and Human Resources Director or their representativedesignee will be scheduled at a mutually agreeable time, which time will not exceed, however, fourteen (14) calendar days from the time the Union contacts the City, unless a longer time is mutually agreed upon. It is expressly understood that The City will respond within fourteen (14) calendar days from the policy grievance process meeting date, unless mutually agreed upon. If the parties in this step are unable to resolve the grievance, the matter may not be used with respect submitted to a grievance directly affecting an employee which they could have instituted themselves binding arbitration as hereinafter provided for in this Agreement.
Section 9.3 Any and all grievances resolved at any step of the regular grievance procedure shall not as contained in this Agreement will be thereby bypassedfinal and binding on the City, the Union and employees represented by the Union and covered by this Contract.
12.07 The release or discharge Section 9.4 Grievances will be processed from one step to the next within the time limit prescribed in each of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not dischargesteps, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By unless timeframes are extended upon mutual agreement, . Any grievance upon which a disposition is not made by the parties may extend City within the time limits set out aboveprescribed, or any extension which may be agreed to, may be referred to the next step in the grievance procedure, the time limit to run from the date when the time for disposition expired.
Section 9.5 The City or Union may request arbitration of an unsettled grievance by notifying the other party in writing of such desire within thirty (30) calendar days of the day the written disposition was given under the steps of the grievance procedure provided for in this Agreement. In the event that either party should fail to serve such written notice, the matter will be considered as settled on the basis of the written disposition made in the last step of the grievance procedures. A list of seven (7) arbitrators will be requested from the Public Employment Relations Commission (PERC) or Federal Mediation and Conciliation Service (FMCS). Both parties will each strike a name until one (1) arbitrator is selected. The first strike will be made by the party requesting arbitration. Should the parties fail to arrive at the selection of an arbitrator, PERC will be asked to appoint one. Any decision by the arbitrator will be final and binding upon both parties. Each party will bear the expense of its own representatives, attorneys and all costs related to the development and presentation of their respective cases in arbitration. All other expenses incident to the arbitration will be divided equally. The arbitrator will have no power to render a decision that will add to, subtract from or alter, change or modify this Agreement; and the arbitrator’s power will be limited to an interpretation or application of this Agreement.
Section 9.6 It is understood that there will be no suspension of work, slowdown, or curtailment of services while any difference is in process of adjustment or arbitration pursuant to the terms of this Agreement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The 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.
(a) For purposes of this Agreement recognize Article, for full-time employees reference to "days" relating to Steps in the stewards grievance and arbitration procedure shall exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the OPAA representatives specified Steps in Article 5 as 8.02, their special leave days, authorized absence days, vacation and regularly scheduled days off other than the agents through which above.
(b) For the purposes of this Article, for part-time employees, reference to “days” relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the Steps in Article 8.02, their special leave days, authorized absence days, vacation and regularly scheduled days off other than above.
8.02 It is the mutual desire of the parties hereto that complaints of employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredresolved as quickly as possible. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall has no grievance until they have first give given their immediate supervisor the opportunity of adjusting the employee’s resolving their complaint. If an employee has a complaint, they shall advise the supervisor that they wish to hold a complaint meeting and discuss it with their immediate supervisor within ten (10) days after the circumstances giving rise to the complaint is not adjusted have occurred or ought to have reasonably come to the attention of the employee’s satisfaction . The discussion shall be between the employee and their immediate supervisor. The employee may request a Union Representative be present. The Employer shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a complaint meeting. It is understood that the Human Resources Representative will not take an active part in the discussion. Union agreement will not be unreasonably withheld. An employee who alleges harassment shall request a complaint meeting within seven one hundred and eighty (7180) calendar days after the last incident of being discussed with alleged harassment. If a harassment complaint is filed by the immediate supervisoremployee under an internal procedure provided by the Employer, the employee shall have until ten (10) days after the Employer’s decision under that process to make a complaint or initiate a grievance under this article at the step agreed by the parties. The supervisor shall give their response to the complaint in writing within five (5) days and, failing settlement, it may be then taken up as a grievance as set out belowwithin five (5) days following advice of the immediate supervisor's decision in the following manner and sequence.
12.03 Step #1 The employee willA meeting will then be held where the employee, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desiredwho shall have the assistance of their Union Representative, submit the may present their grievance in writing to their immediate supervisor with the appropriate Director, Branch Assistant, Department Head, or their designate present. Upon mutual agreement a National Representative of the Canadian Union of Public Employees may be present at such meeting. The Employer shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a step #1 meeting. It is understood that the Human Resources Representative will not take an active part in the discussion. Union agreement will not be unreasonably withheld. Such meeting shall be held within seven five (75) calendar days of the supervisor's unsatisfactory replycomplaint being taken up as a grievance unless extended by agreement of the parties. The grievance shall identify be in writing on a grievance form approved by the Employer and the Union shall include the nature of the grievance, the remedy sought, sought and should specify shall be sufficiently specific to identify the provisions of the Agreement which are alleged to have been violated. The immediate supervisor will deal with shall deliver their decision in writing within five (5) days following the presentations of the grievance and to them. Failing settlement:
Step #2 Within five (5) days after the decision in Step #1, the grievor, who shall have the assistance of the Union Grievance Committee, may submit the grievance in writing to the Chief Human Resources Officer, or their designate. A meeting will notify then be held between the grievor Chief Human Resources Officer, or their designate, and the Association Union Grievance Committee (which shall not exceed three (3) in number, including a representative in the Department in which the grievance arose). Such meeting shall be held within ten (10) days of submission of the grievance at Step #2 unless extended by agreement of the parties. It is understood and agreed that a National Representative of the Canadian Union of Public Employees may be present at such meeting at the request of either party and that the Employer may also have such counsel and assistance as it may desire. The decision of the Chief Human Resources Officer, or their designate, shall be delivered in writing within seven (7) calendar days following the date of such meeting. In all of the above Steps where the grievance was presentedrelates to a job posting, "supervisor" shall mean the Supervisor or Department Head where the vacancy exists.
12.04 Step 2 If 8.03 It is agreed that a policy grievance arising between the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor Employer and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question Union relating to the interpretation, application application, administration or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct alleged violation of the AssociationAgreement, its representatives or stewards. A policy grievance including any question as to whether a matter is arbitrable, shall be originated at under Step 2, bypassing Step 1, #2 within fourteen ten (1410) calendar days following after the circumstances giving rise to the complaint grievance have occurred, or grievance. Such policy ought reasonably to have come to the attention of the party filing the grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out abovewith respect to that Step shall appropriately apply.
8.04 Where a number of employees have the same grievance, and each employee would be entitled to grieve separately, they may present a group grievance and such written grievance shall be originated under Step #2 within ten (10) days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employees or the Union and the time limits set out with respect to that Step shall appropriately apply.
8.05 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 grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) days after the decision under Step #2 is given, the grievance shall be deemed to have been abandoned.
8.06 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.
8.07 No adjustment effected under the grievance or arbitration procedure shall be made retroactive prior to the date that the grievance was formally discussed or presented to the Employer, or, if applicable, the date of the alleged violation providing it does not exceed the time limits set out in Article 8.02.
8.08 It is understood that all steps in the Grievance and Arbitration process are considered as time worked, and treated and compensated as such except where the employee(s) have been terminated, laid off, or currently on suspension.
8.09 The parties agree that in order to prevent an employee who is alleging harassment from having to present an oral complaint or grievance to a respondent, a grievance may be filed at the next step in the grievance procedure.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 10.01 It is the mutual desire of the parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out hereto that complaints of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It shall be adjusted as quickly as possible and it is understood that an employee shall first give has no grievance until they have given their immediate supervisor the Supervisor an opportunity of adjusting the complaint.
(a) If an employee’s complaint. , or group of employees has a complaint or questions involving the
(b) In the case of a group grievance, the names of all affected employees must be provided to the Employer at the time of filing the grievance.
10.03 If the such complaint or question is not adjusted settled to the employee’s satisfaction of the employee(s) concerned within seven three (73) calendar days of being discussed working days, then the employee(s) with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a assistance of the ▇▇▇▇▇▇▇ or an OPAA representative ▇, if desiredrequired, submit shall outline the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify writing, indicate the nature of the grievance, the article of the collective agreement involved, and the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7employee(s) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss must sign the grievance. Such document must be submitted to the Human Resources Director within a period of five (5) working days, excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days, from the time the written reply of the employee’s immediate Supervisor is received. After such discussion as is necessary, The Hospital Human Resources Director shall notify the grievor and the Association of its decision state in writing their decision. Step 3
10.04 Failing settlement of the grievance as Step 11, the grievance may be submitted to General Manager or designate within nine five (95) calendar working days following excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days from the date of the Human Resources Director’s reply at Step 2 meeting.
12.05 A Group grievance is defined as II. The employee may have the assistance of a single grievance, signed by a Union ▇▇▇▇▇▇▇ ▇. The General Manager or an OPAA representative on behalf of designate shall give a group of employees who have written response or meet to discuss the same complaint. Such grievances must be dealt with at successive stages matter within five (5) working days excluding Saturdays, Sundays and statutory holidays but not including Birthday and Anniversary days from the General Manager or designates receipt of the grievance procedure commencing with Step 1grievance. The grievors shall At this step of the process the Union Business Agent and the Human Resources Director may be listed on present.
10.05 Failing a satisfactory settlement as provided in Article l0.04 at the request of either party in writing, the grievance form.
12.06 A Policy grievance may be referred to arbitration provided such a request is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, made within fourteen thirty (1430) calendar days after the decision of the General Manager has been rendered.
10.06 The time limits as prescribed in Articles 10, 11, 12 and 13 may be extended by mutual agreement of the parties in writing. Such agreement will not be unreasonably withheld.
10.07 The Employer will not rely on a specific disciplinary warning given to an employee where that employee has had no further disciplinary warnings within the twelve (l2) calendar months immediately following the circumstances giving rise to the complaint or grievancespecific disciplinary warning in question. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with With respect to suspensions, the Employer will not rely on a grievance directly affecting specific suspension given to an employee which they could have instituted themselves and where that employee has had no further suspensions within the regular grievance procedure shall not be thereby bypassedtwenty-four (24) calendar months immediately following the specific suspension in question.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to Section 11.1. A grievance is defined as an allegation that the terms of this Agreement recognize have been violated. Resolution of a grievance shall be pursued in accordance with the stewards following steps.
Section 11.2. Step 1: An employee who has a grievance may discuss the grievance with his immediate supervisor if an oral discussion may be conducive to resolving the matter. If a settlement satisfactory to the aggrieved employee is reached during said oral discussion, such settlement shall be final and binding upon both parties. If an oral discussion does not produce a satisfactory settlement, the employee will be obligated to file a written grievance within the time period set forth herein. A grievance shall be reduced to writing and set forth the details of the grievance (i.e., the facts upon which it is based, the approximate time of the occurrence, the Section of Agreement of alleged violation and the OPAA representatives specified in Article 5 as relief or remedy requested) and shall be submitted to the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven immediate supervisor within ten (710) calendar business days after the subject event or knowledge of such grievance occurredthe event which is the cause of the grievance. At no time may an employee The date following the event or group knowledge of employees file a grievance on behalf the event shall be considered the first day of another employee.
b. It is understood that an employee shall first give their the ten (10) business day period. The immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted must give his answer to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven ten (710) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar business days following the date on which the grievance was presentedpresented to him.
12.04 Section 11.3. Step 2 2: Failure of the immediate supervisor to respond to or resolve the grievance to the satisfaction of the aggrieved employee within the ten (10) business day period shall grant the employee the right to submit the grievance within ten (10) business days to the Major or Captain who shall rule on the merits of the grievance and must respond in writing within ten (10) business days.
Section 11.4. Step 3: If the grievance is not settled under Step 1resolved by the Major or Captain to the satisfaction of the aggrieved employee within the ten (10) business day time period, it the employee may be filed with then refer the Hospital at Step 2 matter to the Sheriff or designee within seven ten (710) calendar business days following the Major’s or Captain’s response. Should the Major or Captain fail to answer the grievance within the ten (10) business day period, the ten (10) business day submission period to the Sheriff or designee shall commence on the day following the end of the ten (10) business day period granted to the Major or Captain. The Sheriff or designee must answer the grievance in writing within ten (10) business days of the decision under Step 1 or within seven (7) calendar days date of the day this decision receipt of the grievance.
Section 11.5. Step 4: A grievance unresolved at Step 1 should have been made. The parties shall meet within seven (7) calendar days 3 may be submitted to arbitration upon request from the Benevolent Association in accordance with the provisions of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetingArticle.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 8.01 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible. The parties agree, at the earliest stage of the grievance procedure, either party upon request is entitled to this Agreement recognize receive from the stewards and other, full disclosure. Employees have the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted right, upon request, to the employee’s satisfaction within seven (7) calendar days presence of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a Union ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. Where the Hospital deems it necessary to suspend, discipline or discharge an employee, the Hospital shall notify the Union, in writing writing, of such suspension or discharge.
8.02 For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to their immediate supervisor the interpretation, applications, administration, alleged violation of the Agreement or whether a matter is arbitrable.
8.03 It is understood that an employee has no grievance until she has first given her Supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her Supervisor within fourteen (14) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days of following her Supervisor’s decision in the supervisor's unsatisfactory replyfollowing manner and sequence: The employee must submit the grievance in writing signed by her to her Supervisor and may be accompanied, if she so desires, by her Union ▇▇▇▇▇▇▇. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The Department supervisor will deal with the grievance and will notify the grievor and the Association representative of the deliver her decision in writing within seven (7) calendar days following the date day on which the grievance was presented.
12.04 Step 2 If presented to her. Failing settlement, then: Within seven (7) calendar days following the decision in the immediately preceding step, the grievance is not settled under Step 1, it may be filed with submitted in writing to the Hospital at Step 2 Chief Human Resources Officer or designate of the Hospital. A meeting will then be held between the Director of Chief Human Resources Officer or designate and Unit Manager and the grievor, ▇▇▇▇▇▇▇ and Union staff representative within seven (7) calendar days of the submission of the grievance at Step No. 2 unless extended by agreement of the parties. It is further understood that either party may have such reasonable assistance as they may desire at such meeting. The decision under Step 1 or of the Hospital shall be delivered in writing within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 date of such meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 Section 1. A grievance under this Agreement shall mean only a controversy or claim arising directly out of or relating to the interpretation, application or breach of a specific provision(s) of this Agreement during the term of this Agreement or extensions of it. Any controversy or claim relating to the academic and/or clinical performance of a House Officer shall not constitute a grievance, but shall be subject to the procedures set out in Article XVI, Discipline.
Section 2. Step #1. The Union representative, with or without the aggrieved House Officer, shall present the grievance orally to the House Officer’s Program Director or his/her designee or Chief of Service or his/her designee. The parties shall attempt to this Agreement recognize resolve the stewards and grievance informally. If they are unable to do so, the OPAA representatives specified in Article 5 as Union shall reduce the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required grievance to consider or process any grievance which arises out of any action or condition more than seven writing, within thirty (730) calendar days after the subject of such grievance occurred. At no time may an employee or group Union had knowledge or should have had knowledge of employees file a the occurrence or failure of occurrence of the incident on which the grievance on behalf of another employee.
b. It is understood that an employee based or it shall first give their immediate supervisor be waived. The grievance shall state with particularity the opportunity of adjusting facts upon which the employee’s complaintalleged violation is based, the Articles violated, and the requested remedy sought. If The person to whom the complaint grievance is not adjusted addressed shall respond to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature Union’s submission of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged grievance to have been violatedhim/her. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven Grievances involving Hospital-wide issues or grievances not resolvable by a Department may be filed directly at step 2. (7) calendar days following after the date that the Step 2 response was due. A Step 3 hearing shall be scheduled within twenty-one (21) calendar days of receipt of the Union’s submission to Step 3. The Hospital shall issue an answer to the grievance was presentedwithin twenty-one (21) calendar days of the Step 3 hearing.
12.04 Step 2 Section 4. Arbitration under this Agreement shall be limited to grievances that have been timely processed through the grievance procedure.
(a) If the grievance is not settled under Step 1, it may be filed with the Hospital satisfactorily resolved at Step 2 3, the Union, and only the Union, and not any individual employee, may submit the matter to arbitration. Such submission must be made within seven thirty (730) calendar days after the date that the Step 3 answer was due which due date is computed from the date of the decision scheduled Step 3 meeting. A demand for arbitration must be served in writing, by the appropriate union on the Hospital’s Director of Labor Relations, or designee by certified mail within this period as a condition for processing the demand and must specify the specific Section(s) and Article(s) allegedly violated.
(b) The Arbitrator shall have the authority only to settle disputes arising under Step 1 or within seven (7this Agreement concerning the interpretation and application of specific section(s) calendar days and Article(s) of the day this decision at Step 1 should have been madeAgreement to the facts of the particular grievance presented to him or her. The parties Arbitrator shall meet within seven (7) calendar days of this filinghave no power to add to, subtract from, or at such other time as mutually modify this Agreement or any supplement to it. The Arbitrator shall have no power to engage in any form of interest arbitration, unless both parties agree in writing. Only one grievance may be referred to and decided during a particular arbitration, unless otherwise agreed by the parties, to discuss the grievancein writing. The Hospital shall notify the grievor and the Association of its Arbitrator must render his or her decision in writing within nine thirty (930) calendar days following after the Step 2 meetingconclusion of the hearing or the submission of briefs, whichever is later. The decision of the Arbitrator shall be final and binding upon the grievant, the Hospital and the Union. The cost of the fees of the Arbitrator shall be borne equally by the Hospital and the Union.
12.05 A Group grievance is defined as (i) The arbitration process shall be administered by the Hospital’s Office of Labor Relations and the parties agree to follow the rules of the Labor Relations Connection unless otherwise mutually agreed.
(ii) Arbitration cases shall be held at locations on the Hospital grounds.
Section 5. Failure of an employee and/or the Union to meet any time deadline at any Step of this Grievance Procedure shall constitute a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages waiver of the grievance procedure commencing with Step 1and no further action may be taken on it. The grievors shall be listed on the grievance form.
12.06 A Policy grievance Time is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Associationessence, its representatives or stewards. A policy grievance shall but any time limits in this Article can be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed waived by an OPAA representative orboth parties, in writing. In the case of a any time periods, all of which are calendar days, in this Article which are seven (7) days or less, Saturdays, Sundays and/or Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may holidays will not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and counted. If the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge final day of a probationary employee time period in this Article falls on a Saturday, Sunday or Hospital Holiday, the final day of the time period shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2next business day.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any Section 5.01 A grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may is a complaint by an employee or group of employees file for whom the Union is the bargaining agent, involving the interpretation or application of any of the provisions of this agreement, dismissal without proper cause, involuntary demotion, or a grievance on behalf of another employee.
b. It is understood complaint that an employee has in any manner been unfairly treated by the Company; or that the health and safety of the employee or employees has been jeopardized. All grievances shall first give their immediate supervisor be resolved exclusively in the opportunity manner set forth in this Article and Article 6, Arbitration.
Section 5.02 Nothing contained in this Agreement shall deprive any individual employee of adjusting the employee’s complaint. If the complaint is not adjusted right to the employee’s satisfaction within seven (7) calendar days of being discussed discuss with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The Company matters in his own interest. It is encouraged that the employee will, accompanied by a and/or his/her ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit discuss the issue with the employee’s supervisor in the spirit of trying to resolve the issue before resorting to the grievance procedure. However, if such matter presented by an employee involves a question of interpretation or application of this Agreement, which may establish a precedent, or a question involving a matter appropriate for collective bargaining, the Company shall immediately notify the Union, and the Union shall be present and participate in writing the discussions and dispositions of such matter.
Section 5.03 Once a grievance has been presented by the Union to their immediate the Company, representatives of the Company shall not discuss the grievance with the aggrieved employee or employees without affording the appropriate Union representative an opportunity to be present.
Section 5.04 When a grievance is presented to the Company in writing, the supervisor having authority over the matter shall within seven ten (710) calendar days of the supervisor's unsatisfactory replydate of presentation hold a meeting for adjustment of the grievance with the appropriate Union representatives. The grievance Company shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with answer the grievance and will notify the grievor and the Association representative of the decision in writing within seven ten (710) calendar days following after the date the grievance was presentedof this meeting.
12.04 Step 2 Section 5.05 If the grievance is not settled satisfactorily adjusted under Step 1the provisions of Section 5.04, it the Union may be filed with appeal the Hospital at Step 2 grievance to the Company representative within seven twenty (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (920) calendar days following issue of the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaintwritten answer. Such grievances must be dealt with at successive stages Upon presentation of the grievance procedure commencing to this level, the Company shall within twenty (20) calendar days hold a meeting with Step 1the Union, by mutual agreement of the parties the meeting may be via conference call where applicable, for the adjustment of the grievance. The grievors Within twenty (20) calendar days after the adjustment meeting is held, the Company shall be listed give its position on the grievance formmatter in writing to the Union.
12.06 A Policy Section 5.06 If the grievance is defined not satisfactorily adjusted under the provisions of Section 5.05, the Union may appeal the grievance to arbitration within thirty (30) calendar days as one which involves a question relating to the interpretation, application outlined in Article 6.
Section 5.07 No complaint or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, eligible for handling unless proceedings begin within fourteen twenty (1420) calendar days following after knowledge of the circumstances giving rise event out of which such grievance shall have arisen. The Company shall not attempt any disciplinary action against any employee for whom the Union is the bargaining agent after the expiration of thirty (30) calendar days from knowledge of the event. The time periods specified in this Article may be extended by mutual consent of the Union and the Company.
Section 5.08 An authorized Union representative not on leave from the Company shall give his immediate supervisor reasonable notice of his intended absence to investigate or process a grievance.
Section 5.09 In the event the Company contemplates the dismissal for just cause of any employee with over three (3) months of seniority, the Company shall notify the Local Union President, or designee, and review the facts prior to the complaint actual dismissal. During the probationary period, new employees may be discharged or grievance. Such policy grievance shall be signed by an OPAA representative or, in otherwise disciplined at the case sole discretion of a Hospital policy grievance, by the Hospital Company and such lay off or their representative. It is expressly understood that the policy grievance process discharge or other disciplinary action may not be used with respect to a made the basis of any claim or grievance directly affecting an against the Company either by the probationary employee which they could have instituted themselves and or the regular grievance procedure shall not be thereby bypassedUnion.
12.07 The release or discharge Section 5.10 Employee/Union representatives not exceeding two (2) in number shall suffer no loss of a probationary employee shall not be regular pay for time required in meetings with the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2Company representatives when handling grievances.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to 1. Employees who are beyond the probationary period may use the grievance procedure. Physicians are probationary during their first 90 days of employment. A grievance is defined as a claimed violation of any provision of this Agreement recognize or of any Rutgers policy relating to mandatorily negotiable wages, hours or terms and conditions of employment, or an allegation that with respect to an administrative decision which affects mandatorily negotiable terms and conditions of employment, there has been a misinterpretation, misapplication or violation of such administrative decision which has affected mandatorily negotiable terms and conditions of employment. Any decision not to reappoint a physician to the stewards and medical staff will be subject to the OPAA representatives specified grievance procedure except for non-reappointment at the end of the initial appointment. Employees should in Article 5 the first instance discuss grievances informally with the person who precipitated the grievance. If there is no resolution at the informal stage, the procedure will be as the agents through which employees shall process their grievances and receive settlement thereoffollows.
a. Step 1 The Hospital or the Association grievance shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted presented in writing to the employee’s satisfaction within seven (7) calendar days of being discussed with person who took the action, normally the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit within ten (10) working days after the grievance in writing to their immediate supervisor within seven (7) calendar days occurrence of the supervisor's unsatisfactory replyevent giving rise to the grievance. The grievance shall identify specify the nature of alleged violation being grieved. Within two (2) working days after the grievancegrievance is submitted, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violatedsupervisor will arrange for a meeting. The supervisor will deal with employee may have representation at the grievance and will notify meeting, if he/she desires, by a negotiations unit member employed by the grievor and University. This first level of supervision shall give his/her answer to the Association representative of the decision employee in writing within seven five (75) calendar working days following after the date the grievance was presentedmeeting.
12.04 Step 2 If the grievance is not settled under resolved at Step 1, it may be filed with the Hospital at Step 2 employee may, within seven three (73) calendar working days of the decision under Step 1 or within seven written answer, forward the grievance to the second level of authority with a copy to the first level of authority and to the Office of Labor Relations. Within five (75) calendar working days of receipt of the day written grievance, this decision at Step 1 should have been madesecond level of authority shall arrange for a meeting. The parties shall meet within seven (7) calendar days of this filingemployee may have representation at the meeting, or at such other time as mutually agreed if he/she desires, by a negotiations unit member employed by the partiesUniversity. This second level of authority shall send his/her written answer within five (5) working days after the meeting to the employee, to discuss the grievancerepresentative, if present, and to the Office of Labor Relations. The Hospital shall notify If the grievor and the Association of its decision in writing within nine (9) calendar days following Union is not satisfied with the Step 2 answer, the Union may request a Step 3 hearing by the Office of Labor Relations by forwarding the grievance to the Office of Labor Relations within three (3) working days of receipt of the Step 2 answer. Within five (5) working days, the Office of Labor Relations shall arrange for a meeting. The employee may be accompanied at the meeting by a representative of the Union who is not an employee of Rutgers. Within five (5) working days after the meeting, the Office of Labor Relations shall send a written answer to the employee and to any representative present at the meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The 7.01 It is the mutual desire of the parties to this Agreement recognize the stewards hereto that complaints of both employees and the OPAA representatives specified employer shall be resolved as quickly as possible, and will be resolved as outlined in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out procedure outlined below.
12.03 Step 1 The 7.02 Any difference concerning the interpretation, application, administration or alleged violation of the provisions of this Agreement shall be dealt with in the manner set out in this article. A probationary employee willcan grieve discharge only if the discharge was made in bad faith, accompanied by arbitrarily or in a discriminatory manner.
7.03 In cases of disciplinary action taken against an employee, the employee and the ▇▇▇▇▇▇▇ present will be given a copy of any written reprimand or an OPAA representative if desired, submit notified in writing that disciplinary action is being taken. Copies shall be sent to the Unit Chairperson and Business Representative.
Step 1 The employee and a Union ▇▇▇▇▇▇▇ shall present the grievance in writing to their immediate supervisor the Department Manager and/or Supervisor involved within seven ten (710) calendar working days of the supervisor's unsatisfactory replyreceipt of the immediate Supervisor’s reply to the employee’s complaint. The employee shall indicate the nature of the grievance and the remedy sought. The Department Manager and/or Supervisor involved shall reply in writing within five (5) working days after having received the grievance.
Step 2 If the reply of the Department Manager is not satisfactory to the employee concerned, the employee accompanied by the Union grievance committee shall submit a written grievance to the Director of Human Resources or designate within five (5) working days of receiving the reply of the Department Manager. The written grievance shall identify state the nature of the grievance, the remedy sought, and should specify the provisions article(s) of the Collective Agreement which are alleged were violated and the circumstances giving rise to have been violatedthe grievance. The supervisor will deal Director of Human Resources or designate shall meet with the employee and grievance and will notify committee within five (5) working days of receipt of grievance. After the grievor and the Association representative meeting has been held at this stage of the decision in writing grievance procedure, the Director of Human Resources or designate will issue a written disposition of the matter within seven five (75) calendar days following the date the grievance was presentedworking days.
12.04 Step 2 If 3 Failing settlement at Step 2, the grievance is not settled under Step 1, it Union may be filed with within twenty (20) working days of the Hospital issuance of the disposition at Step 2 within seven (7) calendar days notify the other party of its intention to submit the decision under Step 1 grievance to arbitration.
7.05 Notwithstanding the above, the Union and the Corporation may reach settlement to a grievance through the services of a Grievance Settlement Officer or within seven (7) calendar days of the day this decision at Step 1 should have been madeother mutually agreeable third party facilitator. The parties shall meet within seven (7) calendar days jointly bear the expenses of this filing, the Grievance Settlement Officer or at such other agreed to third party facilitator.
7.06 The time as mutually agreed limits outlined in the grievance procedure may be extended by mutual agreement between the parties, to discuss the grievance. The Hospital shall notify the grievor Corporation and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetingUnion.
12.05 A Group grievance is defined as a single grievance7.07 The Grievance Committee shall consist of the grievor, signed by a the ▇▇▇▇▇▇▇ or an OPAA representative on behalf referred to in Step 1, the Unit Chairperson and the Area Business Representative. The Union may appoint designates when necessary.
7.08 In the event of a group grievance, a policy grievance or a grievance respecting the discharge or suspension of employees who have a regular employee, the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2submitted in writing indicating the nature of the grievance, bypassing Step 1, within fourteen (14the article(s) calendar days following of the Collective Agreement which were violated and the circumstances giving rise to the complaint or grievance. Such policy The grievance will be processed commencing at Step 2 of the grievance procedure. This clause shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect for the purpose of abridging the right of the employee to a grievance directly affecting an employee which they could have instituted themselves and process grievances, nor shall it be used for the regular purpose of submitting matters to be handled through the grievance procedure shall not be thereby bypassedby employees.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 6:01 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 this Agreement recognize the stewards and the OPAA representatives specified in Article 5 Agreement, including any question as the agents through which employees shall process their grievances and receive settlement thereofto whether a matter is arbitrable.
a. The Hospital or 6:02 It is the Association shall not mutual desire of the parties hereto that complaints of Employees will be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It adjusted as quickly as possible, and it is understood that an employee shall Employee has no grievance until she has first give their given the immediate supervisor the opportunity of adjusting to adjust the employee’s complaint. If the an Employee has a complaint, such complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being will be discussed with the immediate supervisor within five (5) days after the circumstances giving rise to the complaint have originated or occurred. If the immediate supervisor is unable to adjust a complaint to their mutual satisfaction within five (5) days, the Employee may proceed to Step 1 with the grievance procedure within five (5) days following the decision of the immediate supervisor. An Employee is entitled, it may be taken up as upon request, to have a grievance as set out belowUnion Committee Member present when discussing the complaint with the immediate Supervisor.
12.03 6:03 A grievance of an Employee properly arising under this Agreement will be adjusted and settled as follows:
Step 1 The employee willEmployee, accompanied by with the assistance of a ▇▇▇▇▇▇▇ or an OPAA representative Union Committee member, if desired, must submit a written grievance, signed and dated by the grievance in writing Employee, to their her immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions section or sections of the Agreement Agreement, which are alleged to have been violatedviolated will be set out in the grievance. The supervisor immediate Supervisor will deal with the grievance and will notify the grievor and the Association representative of the deliver a decision in writing within seven five (75) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken.
Step 2 Within five (5) days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 No. 1, the grievance must be submitted to the Administrator (or a designate) to be discussed at a meeting between the Administrator (or a designate), the Union Committee members and the grievor(s) within seven five (75) calendar days of receipt of the grievance. Either party may have assistance from outside the Home at this stage if desired. The Administrator (or a designate) will give a written disposition within ten (10) days of the day this of such meeting.
Step 3 Failing settlement, within five (5) days following the decision at of Step 1 should have been made# 2, the grievance may be submitted in writing to the Chief Administrative Officer or his designate. The parties shall meet within seven (7) calendar days of this filingA meeting will then be held between the Chief Administrative Officer or his designate, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a his union ▇▇▇▇▇▇▇ or an OPAA representative on behalf within five (5) days of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages submission of the grievance procedure commencing with at Step 1# 3 unless extended by agreement of the parties. It is understood and agreed that representation of the Canadian Auto Workers may be present at such meeting. It is further understood that the Chief Administrative Officer or his designate may have such counsel and assistance as he may deem necessary at such meetings. The grievors decision of the Chief Administrative Officer shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, in writing and made within fourteen five (145) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case date of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedsuch meeting.
12.07 6:04 The release or discharge reference to days excludes Saturdays, Sundays, and Paid Holidays. Time limits, as mentioned in this Article, may be extended on consent of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2both parties.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties Any employee having a complaint is encouraged to this Agreement recognize discuss the stewards and complaint with his/her immediate supervisor who will make a good faith effort to resolve the OPAA representatives specified in Article 5 as complaint within the agents through which employees shall process their grievances and receive settlement thereofscope of his/her authority.
a. The Hospital or the Association shall Step 1: If satisfactory resolution is not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting reached with the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance must be filed in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed official designated by the parties, to discuss Department. Such appeal shall be considered timely if filed within the 21-calendar day time limit for initiation of a grievance. The Hospital parties, upon request of either the Union or the designated official, will meet to discuss and resolve the grievance if possible. The grievant shall notify be entitled to attend if such attendance is requested by the grievor Union or management official. A written answer will be returned to the grievant and the Association of its decision in writing designated MCO Representative within nine (9) 21 calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages from receipt of the grievance procedure commencing with written appeal to Step 1. The grievors shall be listed on Union will provide written confirmation to the Department of the appeal or withdrawal of each grievance formbetween Step 1 and arbitration.
12.06 A Policy grievance Step 2: If satisfactory settlement is defined as one which involves a question relating not reached at Step1, to the interpretationbe considered further, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct within 45 calendar days from receipt of the AssociationStep 1 written answer (or the date the answer was due if no answer was provided), its representatives or stewards. A policy the grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise appealed to the complaint Departmental Appointing Authority (or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, designee) by the Hospital MCO Central Office. In DOC where the grievance is regarding a disciplinary penalty, and in DHHS the grievant may be entitled to attend the Step 2 conference if such attendance is requested by the Union or their representativemanagement official. It The Departmental Representative may meet with the designated MCO Representative(s) to attempt to resolve the grievance; however, such meeting shall occur concerning suspension without pay, unsatisfactory rating (for non-probationary employees only), discharge or demotion. A Step 2 conference is expressly understood that the policy grievance process may discretionary, and is not be used with respect to mandatory, for a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of concerning a probationary employee shall who has received an unsatisfactory service rating, but which does not be involve the subject of a grievance or arbitrationemployee’s discharge. The Hospital agrees that it written answer of the Step 2 official will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, provided to the parties may extend grievant and the time limits set out above.designated MCO Representative within 30 calendar days from the receipt of the written appeal to Step
Appears in 2 contracts
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association 6.01 A grievance shall not be required considered if the circumstances giving rise to consider it occurred or process any grievance which arises out of any action or condition originated more than fourteen (14) calendar days prior to the filing of the grievance, except in the case of an error in the calculation of wages. Management will not consider discipline after seven (7) days from occurrence of the incident.
6.02 Grievances properly arising under this Agreement shall be adjusted, and settled as follows:
Step 1 The Union and or the Local Grievance/Bargaining Committee Person shall submit the grievance to the First Level of Management (Team Leader) or designate, within fourteen (14) calendar days after occurrence of the matter which is the subject of the grievance. The nature of the grievance, the remedy sought and the section or sections of the agreement which are alleged to have been violated shall be stated in writing, signed by the Local Grievance/Bargaining Committee Person. The First Level of Management or designate shall have a maximum of five (5) workdays following submission of the grievance to the First Level of Management designate to discuss the grievance with the Local Grievance/Bargaining Committee Person and give their decision.
Step 2 Grievances not resolved at Step 1 will be submitted and discussed with the official of the company or their designate directly in charge of the department where the grievance arose within five (5) workdays of the First Level of Management or designate answer at Step 1. Should no satisfactory settlement be reached within five (5) workdays, the grievance may be submitted in writing at Step 3 within five (5) workdays following receipt of the written decision at Step 2. Grievances not resolved at Step 2 will be submitted to the Human Resources Manager, or their designated representative, by the Local Union President or the Local Grievance/Bargaining Committee. Such grievances will be discussed at the next scheduled monthly Industrial Relations Committee meeting between the Local Grievance/Bargaining Committee and the Plant Manager, Human Resources Manager, or their designated representatives. The Human Resources Manager, or the designated representative, shall submit written answers to the grievances within seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employeescheduled monthly Industrial Relations Committee meeting is held.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Labour Agreement, Labour Agreement
GRIEVANCE PROCEDURE. 12.01 The a. It is the mutual desire of the parties that complaints of employees (or groups of employees) shall be adjusted as quickly as possible. It is understood that an employee (or group of employees) has no grievance until he or she has first given the Principal or Board an opportunity to adjust the complaint. A formal complaint, as described in this Agreement recognize article, shall be presented in written form, with signature and date, and discussed with the stewards and Principal or Board Representative within five (5) workdays after the OPAA representatives specified circumstances giving rise to the complaint become known.
b. If the Principal or the Board Representative is unable to adjust the complaint to the mutual satisfaction of the parties at the next regular board meeting or within twenty (20) workdays, whichever is first, the employee may proceed with the grievance procedure as set out in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof17.04.
a. 17.02 The Hospital or reference to days excludes Saturdays, Sundays and statutory holidays. Time limits mentioned in this Article may be extended with the consent of both parties.
17.03 The School Association shall not be required to consider or process any grievance complaint which arises out of any action or condition more than seven five (75) calendar days workdays after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaintcomplaint occurs. If the complaint action is of a continuing or recurring nature, the limitation period shall not adjusted begin to run until the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out belowaction or condition has ceased.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ 17.04 Within five (5) workdays following the decision under Article 17.01 (or an OPAA representative if desired, submit the day on which this decision should have been made) the grievance must be submitted in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replyBoard. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions section(s) of the Collective Agreement which are alleged to have been violatedviolated shall be set out in the grievance which is to be discussed at a meeting between the griever, the Board and an ACTSS Representative at the next regularly scheduled meeting of the Board or within twenty (20) workdays following the receipt of the grievance, whichever is first. The supervisor will deal with the grievance and will notify the grievor and the Association representative Board shall give a written disposition within five (5) workdays of the decision date of the meeting, with copies to be sent to the employee and to ACTSS’s Representative. Failing settlement, either party may submit the matter to arbitration.
17.05 Should an employee receive a performance review that the employee finds unacceptable, the following process shall be initiated in order to resolve the complaint.
a. The employee may appeal the performance review to the principal. If the principal does not agree to the changes suggested in the appeal, the employee may initiate the steps below.
b. The employee may elect to not sign the performance review.
c. In order to resolve the concern, the employee may submit in writing within seven (7) calendar days following his/her opinion of the date performance review. This written submission shall be attached to the grievance was presentedperformance review.
12.04 Step 2 d. If the grievance is issue remains unresolved, the ACTSS Board will review and decide on whether or not settled under Step 1, it may be filed with to proceed to the Hospital at Step 2 within seven (7) calendar days peer review panel. The peer review panel shall consist of one employee of the decision under employee’s choice from within the bargaining unit, one ACTSS representative employed by the School Association and one (1) School Association Board member. The peer review panel shall operate by the following steps:
i. Step 1 or within seven (7) calendar days - The employee may provide the peer review panel with a written explanation of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetingdisagreement.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 1. In a mutual effort to provide harmonious working relationships between the parties to the Agreement, it is agreed to and understood by both parties that the following shall be the sole procedure for the resolution of grievances arising between the parties as to the interpretation of and application of the provisions of this Agreement.
2. A "grievance" shall be defined as any dispute arising concerning the application or interpretation of this Agreement recognize or with respect to the stewards circumstances and conditions which concern the working relationship of the employees and the OPAA representatives specified County. A class grievance (general grievance) shall be defined as any dispute which concerns two or more employees within the bargaining unit. Class grievances should attempt to name all employees or classifications covered in a grievance. Class grievances, at the option of the Union, may be submitted at step 2, 3, or 4. When a grievance is filed, the Union and/or grievant will state the alleged violation of the contract claimed, the date, if known, or the approximate date, upon which the violation occurred, the facts of such violation, the Article 5 as of the agents through which employees shall process their grievances contract violated and receive settlement thereofthe remedy sought by the Union and/or grievant.
a. The Hospital 3. Reprimands, position classifications, classification appeals, job descriptions, performance evaluation appeals, disability determinations, and similar matters for which other appellate procedures are provided in the Code, or the Association shall Administrative Orders of Miami-Dade County or other provisions of this Agreement and formal counseling are not be required subject to consider review as grievances. However, refusal to (1) process an application or process any grievance which arises out of any action or condition more than seven appeal, (72) calendar days after the subject of such grievance occurred. At no follow time may limits, (3) permit an employee a right of representation, or group (4) denial of employees file a grievance on behalf of another employeeright to receive a reply, are expressly grievable.
b. It is understood that an employee 4. Grievances shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed be processed in accordance with the immediate supervisorfollowing procedure:
Step 1. The aggrieved employee, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a with the Union ▇▇▇▇▇▇▇ or an OPAA representative if desiredthe employee so desires, submit shall discuss the grievance in writing to their with the immediate supervisor within seven ten (710) calendar days of the supervisor's unsatisfactory replyoccurrence or knowledge giving rise to the grievance.
Step 2. The If after discussion with the immediate supervisor the grievance has not been resolved, the grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision be offered in writing and shall be forwarded within seven ten (710) calendar days following by the date aggrieved employee and/or Union to the grievance was presentedintermediate supervisor. The intermediate supervisor's response shall be submitted in writing to the employee, with a copy to the Union, within ten (10) calendar days.
12.04 Step 2 3. If the grievance has not been satisfactorily resolved in Step 2, the aggrieved employee and/or the Union may appeal the grievance to the Assistant Director responsible for the Division concerned within ten (10) calendar days after the intermediate supervisor's response is due. The Assistant Director shall respond in writing to the employee with a copy to the Union within ten (10) calendar days.
Step 4. If the grievance has not settled under been satisfactorily resolved in Step 13 hereof, it the aggrieved employee and/or the Union may present the written appeal to the Director of the Department within ten (10) calendar days. The Department Director shall respond to the employee with a copy to the Union within ten (10) calendar days.
5. Failure by the employee or the Union to observe the time limits for submission of a grievance at any step will automatically result in the grievance being considered abandoned. Failure by the County to respond to a grievance at any step within the prescribed time limits will automatically move the grievance to the next step.
6. Each party shall be allowed extensions of time, not to exceed ten (10) calendar days, as a matter of right. The other party must be notified of the requested extension. Extensions of time may be filed mutually agreed to at any step. Such requests shall not be unreasonably denied by the other party.
7. The parties acknowledge that as a principle of interpretation, employees are obligated to work as directed while grievances are pending.
8. All responses required in steps 2, 3, and 4 above shall be directed to the aggrieved employee with a copy furnished to the Hospital at Union. In class grievances, copies will be directed to the Union only. A rejection of a grievance on any step of the procedure must contain the reasons for the rejection.
9. Prior to petitioning for arbitration for an unresolved grievance, either party may request a special labor management committee meeting to include a representative(s) of the Labor Relations Section and/or the Director of Labor Relations and Compensation Division to discuss the pending issues which have not been resolved through Step 2 4. Upon such request the time limit for seeking arbitration as set forth in Article 9 shall be tabled until the conclusion of such meeting which shall occur within seven thirty (730) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been maderequest. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure This petition shall not be thereby bypassedgive either party the right not to proceed to arbitration after the meeting (s) take place if no resolution is agreed upon.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 Section 1. The parties purpose of this procedure is to this Agreement recognize grant recognition to the stewards mutual obligation of the Town and the OPAA representatives specified Association to achieve amicable, expeditious solutions to the problems which may arise regarding the interpretation or application of the provisions of this Agreement. The purpose of the procedure is also to provide prompt adjustment of grievances by the Town and the Association. A grievance is defined as any dispute or controversy between the parties as to the application of the specific provisions of this Agreement. A grievance, except as is otherwise provided for herein, shall be processed in Article 5 as accordance with the agents through which employees shall process their grievances and receive settlement thereof.following procedure:
a. Step 1: The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an aggrieved employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the present his/her grievance in writing to their immediate supervisor the Chief of Police within seven (7) calendar days of the supervisor's unsatisfactory replyoccurrence or failure of occurrence giving rise to the grievance. The written grievance shall give a summary of the facts involved, the provision(s) of this Agreement allegedly violated and the relief desired. The Chief of Police shall advise the aggrieved employee of his decision concerning the grievance within five (5) calendar days after the grievance is presented.
Step 2: If at the end of the five (5) calendar days next following the presentation at Step 1 the grievance shall not have been disposed of to the employee’s satisfaction, the aggrieved employee or the Association may, within five (5) calendar days thereafter, submit the grievance in writing to the Town Administrator. The written grievance shall give a summary of the facts involved, the provision(s) of this Agreement allegedly violated and the relief desired. The grievance submission shall identify the nature also include a copy of the actual grievance document submitted at Step 1 as well as a copy of the response, if any, by the Chief of Police at Step 1. Within five (5) calendar days after receipt of the written grievance, the remedy sought, Town Administrator shall meet the aggrieved employee and should specify the provisions representative(s) of the Agreement which are alleged Association in an effort to have been violatedresolve the grievance. The supervisor will deal with Within five (5) calendar days after the grievance and will notify conclusion of said meeting, the grievor Town Administrator shall advise the aggrieved employee and the Association representative in writing of his decision concerning the grievance.
Step 3: If at the end of the decision in writing within seven fifteen (715) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital presentation at Step 2 the grievance shall not have been disposed of to the employee’s satisfaction, the aggrieved employee or the Association may, within seven fifteen (715) calendar days thereafter, submit the grievance in writing to the Board of the decision under Step 1 or within seven Selectmen. Within fifteen (715) calendar days after receipt of the day this decision at Step 1 should have been made. The parties written grievance, the Board of Selectmen or its designated representative shall meet within seven (7) calendar days the aggrieved employee and a representative of this filing, or at such other time as mutually agreed by the parties, Association in an effort to discuss settle the grievance. The Hospital shall notify Board of Selectmen or its designated representative shall, within fifteen (15) calendar days after the grievor conclusion of said meeting, advise the aggrieved employee and the Association of its decision in writing of their decision, as the case may be, with respect to the grievance.
Step 4: If the Association is not satisfied with the disposition of the grievance at Step 3 or if no decision has been rendered within nine fifteen (915) calendar days following after said meeting between the Step 2 meeting.
12.05 A Group grievance is defined as a single grievanceBoard of Selectmen or its designated representative, signed the Association and the aggrieved employee, the Association may, by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating giving notice to the interpretation, application Board of Selectmen or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated designated representative at Step 23, bypassing Step 1, or within fourteen twenty (1420) calendar days following after said meeting with the circumstances giving rise Board of Selectmen or its designated representative if no decision has been rendered, present the grievance for arbitration in the manner indicated below: • If the parties are unable to select an arbitrator, they shall request the Massachusetts Department of Labor Relations to submit a list of arbitrators from which one arbitrator shall be selected. • The arbitration shall be in accordance with the rules of the Massachusetts Department of Labor Relations. • Expenses of arbitration shall be borne equally by both parties. • Any matter that is subject to the complaint jurisdiction of any State commission or grievance. Such policy grievance shall be signed Retirement Board established by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure law shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitrationarbitration hereunder. Failure at any step of this procedure to appeal the grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. A grievance not initiated within the time specified at Step 1 shall be deemed waived. The Hospital agrees that it will not dischargefailure of the Town (acting through its Police Chief or otherwise) to respond to any grievance, without just causeat any step, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged within the time required herein, shall be treated as deemed to be a grievance. Such grievance shall be originated at Step 2denial thereof.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 18.1 The parties to hereto recognize the need for fairness and justice in the adjudication of employee grievances and enter into this Agreement recognize in a cooperative spirit to adjust such actions promptly and fairly. If a grievance cannot be resolved through informal means, the stewards and the OPAA representatives specified in Article 5 grievance will be settled as the agents through which employees shall process their grievances and receive settlement thereofhereinafter provided.
a. The Hospital 18.2 A grievance is defined as a dispute involving the interpretation, application or the Association shall not be required to consider or process alleged violation of any specific provision of this Agreement.
18.3 Any party who believes they have a grievance which arises arising out of the terms of this Agreement may, except for arbitration, personally or through a representative, apply for relief under the provisions of this Article.
18.4 The parties agree that the time limitations provided are essential to the prompt and orderly resolution of any action grievance, and that each will abide by the time limitations, unless waived or condition more than seven extended by mutual agreement of the parties to the grievance.
18.5 If any party fails to file a grievance within ten (710) working days from the date of the occurrence or knowledge of the occurrence, then said party forever waives and forfeits the grievance as well as any and all rights and remedies relating to said grievance. Failure to pursue a grievance to the next step renders final and conclusive, the last determination and response. If an employee wishes to have those matters currently addressed under Civil Service Rules and Regulations, inclusive of promotions, demotions, transfers, layoffs, recall and discipline, but not limited thereto, the employee must file a request for an investigative hearing within ten (10) calendar days after of the subject occurrence. Regarding disciplinary actions, the employee may elect to have disciplinary action reviewed by the Civil Service Commission. If the employee elects to have disciplinary action reviewed by the Civil Service Commission, then a request for an investigative hearing must be filed with the Commission within ten (10) calendar days from the date of such the disciplinary action. The employee must elect to have disciplinary action reviewed either through the grievance occurredprocedure or by the Civil Service Commission. At no time may an An employee is not entitled to review of disciplinary action under both procedures. If the employee elects to pursue matters before the Civil Service Commission, then the Civil Service Commission procedures will be applicable and not those of the collective bargaining agreement.
18.6 The formal grievance procedure shall be as follows:
Step 1: In order to protect all parties, and provide for clear documentation, all grievances shall be in writing. To allow for grievances to be settled at the lowest possible level, each grievance shall be presented in writing by the member, or group of employees file a grievance by the Association on behalf of another employee.
b. It is understood that an the member, to the involved member’s immediate supervisor within ten (10) working days from the occurrence or knowledge of the occurrence. The employee shall first give their have the option of being accompanied by an Association representative. The immediate supervisor the opportunity of adjusting the employee’s complaintshall respond within three (3) working days. If the complaint matter is not adjusted satisfactorily resolved, then the grievant may move to Step 2 in accordance with the provisions herein below.
Step 2: The grievance shall be presented in written form, stating the specific provision of this Agreement allegedly violated, to the employee’s Chief within ten (10) working days from its occurrence or knowledge thereof. Thereafter, the Chief shall respond in writing to the aggrieved employee within ten (10) working days after receipt of the grievance. The grievance will be considered “received” using the date the email was opened (if submitted electronically) or date written grievance was opened by the Chief. If the employee elects to have applicable matters reviewed by Civil Service, then the employee will need to comply with the provisions set forth in Section 18.5 above. If the grievance is not resolved to the satisfaction of the concerned parties at Step 2, then within ten (10) working days of the response in Step 2 above, the grievance shall be presented to the Mayor or designee in writing. The Mayor or designee shall schedule a meeting with the employee within fifteen (15) working days from the date of submission (date stamp on document provided by City Hall) and respond within seven (7) calendar working days (days City Hall is open) of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 meeting to the employee and Association. The employee will, accompanied has the right to be represented by a ▇▇▇▇▇▇▇ or an OPAA Association representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of department head has the decision in writing within seven right to be represented by an Employer representative. Step 4: (7a) calendar days following the date the grievance was presented.
12.04 Step 2 Final and Binding Arbitration and/or Mediation: If the grievance is has not settled under Step 1, it may be filed with the Hospital been resolved at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing3, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following may refer the Step 2 meeting.
12.05 A Group grievance is defined as a single grievanceunsettled grievances to mediation and/or final and binding arbitration. If the parties refer the matter to mediation, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have then the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors timelines for final and binding arbitration shall be listed on extended to accommodate the grievance formmediation process.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to Section 1. Registered Professional Nurses who feel aggrieved as a result of a dispute concerning a violation, misinterpretation, or misapplication of a specific provision of this Agreement recognize may process this dispute in accordance with the stewards and procedure outlined herein. Only those items referred to above shall be defined as grievances for the OPAA representatives specified in Article 5 as purpose of this Agreement. No settlement of a grievance presented by a Registered Professional Nurse shall contravene the agents through which employees shall process their grievances and receive settlement thereofprovision of this contract.
a. Step 1. The Hospital matter shall first be discussed orally with the employee’s immediate supervisor within twenty (20) calendar days of the occurrence giving rise to the grievance. If such discussion does not resolve the grievance, the immediate supervisor shall provide the grievant with a written answer within five (5) days of the discussion between the employee and his/her immediate supervisor, and such answer may be processed to the next step. ¶131. Step 2. Within five (5) days, exclusive of Saturdays and Sundays, from receiving the final written answer from the employee’s immediate supervisor, the grievance shall be presented in writing to the Director of Health, who shall arrange for such meeting to make such investigations as are necessary to give his answer, in writing, within five (5) days, exclusive of Saturdays and Sundays, of receipt of the grievance. If this answer does not resolve the grievance, it may be processed to the next step. ¶132. Step 3. Within five (5) days exclusive of Saturdays and Sundays, after receipt of a written answer from the Director of Health, the grievance may be submitted to the Director of Human Resources or the Association his/her designee. The Director of Human Resources or his/her designee shall not be arrange such meeting and make such investigation required to consider or process any grievance which arises out of any action or condition more than seven give a written answer within fifteen (715) calendar days after receipt of the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaintwritten grievance. If this answer does not resolve the complaint is not adjusted grievance, it may be processed to the employee’s satisfaction next step. ¶133. Step 4. Within five (5) days, exclusive of Saturdays and Sundays, of the transmittal of the written answer by the Director of Human Resources or his/her designee, either party may request the Federal Mediation and Conciliation Service to provide mediation service. Should the grievance not be resolved at the mediation level, either party may request either the American Arbitration Association or the Alternative Dispute Resolution Center to provide arbitration service within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replyreceipt of notification from the mediator that he is unable to resolve the grievance.
Section 2. The grievance shall identify the nature authority of the grievance, arbitrator shall be limited to the remedy sought, interpretation and should specify application of the provisions of the Agreement which are alleged to have been violatedthis contract. The supervisor will deal arbitrator shall have no right to add to, subtract from or delete or disregard any provisions of this Agreement. The decision of the arbitrator shall be final and binding on both parties. Any expenses incidental to arbitration, exclusive of attorney’s fees, shall be borne equally by both parties.
Section 3. Any grievance not filed or processed by the grieving party in accordance with the time periods set forth above shall be deemed to be resolved and shall not be subject to further processing or to arbitration. If the City fails to respond to a grievance in a timely fashion, the grievance shall be deemed to be denied at that particular step and the grieving party may proceed to the next step in accordance with its provisions. Prior to the expiration of any time period, the parties may mutually agree to extend the time period.
Section 4. Nothing in this Agreement shall prohibit the City from filing a grievance and will notify processing same in accordance with the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presentedprovisions hereof.
12.04 Section 5. Time limits specified in the preceding sections may be extended by written agreement of both parties.
Section 6. Any dispute involving discipline may be processed by the Registered Professional Nurse and/or her authorized representative including the Association, directly to Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the outlined above by submitting a written grievance form.
12.06 A Policy grievance is defined as one which involves a question relating in accordance therewith to the interpretation, application or administration Director of this Agreement and, when submitted by Health and from that point forward the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at processed in accordance with the specified provisions of the grievance procedure hereof.
Section 7. Grievances may be processed directly with the party whose action resulted in the grievance and in such instances the previous steps of the Grievance Procedure may be omitted.
Section 8. Nothing in this Agreement or in this Article shall prohibit an individual employee from filing and processing, on her own, a grievance up through Step 23 in accordance with the procedures and mechanism prescribed by this Article. The phrase “filing a grievance on her own” means that the employee is not represented by CHCA during the grievance procedure. However, bypassing Step 1in such an instance, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance CHCA shall be signed by an OPAA representative or, fully informed of the filing of the grievance and of the results of all hearings in the case of a Hospital policy grievance, by the Hospital or their representativegrievance procedure. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting Settlements made between an individual employee which they could have instituted themselves and the regular City grievance procedure in accordance with this Section shall not be thereby bypassed.
12.07 contrary to the provisions of this Agreement, or establish a past practice or be recognized as a precedent which binds CHCA or the City. ¶141. The release or discharge of a probationary employee procedure established in this Article shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2sole remedy for grievances under this Agreement.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Tentative Agreement
GRIEVANCE PROCEDURE. 12.01 (a) The parties agree that the grievance procedure is intended to this Agreement recognize bring resolution to differences arising from the stewards application of the collective agreement. Should a dispute arise between the Board and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital any employee or the Association shall not be required Union regarding the interpretation, operation or application of this agreement, including any question as to consider whether a matter is arbitrable, or process where an allegation is made that this agreement has been violated, or should any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may other dispute arise, an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ effort shall be made to resolve the dispute in the following manner without work stoppage.
STEP 1 The aggrieved employee shall discuss the complaint with the immediate supervisor, with or without a representative of the Union present. Failure to follow this step shall not result in a technical objection denying the complaint.
STEP 2 Failing satisfactory settlement under Step 1, an OPAA representative if desiredemployee who wishes to file a grievance must, submit the grievance in writing to their immediate supervisor within seven thirty (730) calendar days of the supervisor's unsatisfactory replydate when the employee became aware of the incident which is the subject of the complaint, provide the Union with a written statement of the particulars and redress sought.
STEP 3 Formal written grievances shall be submitted to the Superintendent of Schools by the Union within forty-five (45) calendar days of receipt of the complaint. The written grievance shall identify outline the nature particulars of the grievancecomplaint and the redress sought. ** Prior to submitting a grievance the Union will request a meeting with the Employer. The Employer will arrange a meeting with the DU administrator, the remedy sought, Union and should specify other persons deemed essential by either party to resolve the provisions dispute.
STEP 4 The Superintendent of the Agreement which are alleged to Schools shall have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven fourteen (714) calendar days following the date receipt of the grievance was presentedto render to the Union a written decision on the grievance with reasons for that decision.
12.04 Step 2 If the grievance is not settled under Step 1, it STEP 5 The parties may be filed with the Hospital at Step 2 within seven mutually agree to non-binding mediation:
(7a) calendar days After receipt of the decision of the Superintendent of Schools, under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 14 above, within fourteen (14) calendar days following either party may request that a Mediator be appointed to meet with the circumstances giving rise parties, investigate and define the issues in dispute and facilitate a resolution.
(b) The Mediator shall be appointed by mutual agreement between the parties.
(c) The purpose of the Mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged. During the proceedings, the parties shall fully disclose all materials and information relevant to the complaint or grievance. Such policy grievance issue(s) in dispute.
(d) The expenses of the Mediator shall be signed equally borne by an OPAA representative orboth parties.
(e) The grievance may be resolved by mutual agreement between the parties. Within fourteen (14) calendar days of first meeting the parties, having considered the issue(s) in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves dispute and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge terms of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual collective agreement, the parties may extend the time limits set out aboveMediator shall issue a report including non-binding recommendations.
STEP 6 Failing satisfactory settlement under Step 4 and/or Step 5, either party may, within fourteen
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 11.01 The Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible. It is understood that an employee has no grievance until she has first discussed her complaint with her supervisor and the matter has not been resolved.
11.02 In computing the days for taking any action or giving any notice, Saturdays, Sundays or holidays shall not be counted.
11.03 A formal grievance is defined as an alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement. All grievances shall be on a grievance form and contain a statement of facts giving rise to the grievance, the relief sought, and an indication of the relevant articles (s) of this Collective Agreement and must be filed within ten (10) days of the circumstance giving rise to the grievance.
11.04 The following shall be the procedure for handling and processing grievances submitted by the employee. The parties to this Agreement recognize the stewards and the OPAA CLAC representatives specified in Article 5 8 as the agents through which employees shall process and settle their grievances and receive settlement thereofgrievances.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desiredCLAC representative, submit the grievance in writing to their her immediate supervisor who shall give her decision, in writing, within seven five (75) calendar working days of the supervisor's unsatisfactory reply. The grievance shall identify the nature receipt of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under resolved to the satisfaction of both parties at Step 1, it may be filed with the Hospital at Step 2 within seven five (75) calendar working days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made1. The parties Parties shall meet within seven five (75) calendar working days of this filing, or at such other time as mutually agreed by the parties, filing to discuss the grievance. The Hospital shall notify Employer’s decision will be delivered to the grievor and the Association Union, in writing, within five (5) working days of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 11.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA a CLAC representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with shall commence at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 11.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewardsAgreement. A policy grievance Such grievances shall be originated commence at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall 1 and be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital ▇▇▇▇▇▇▇ or their a CLAC representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 11.07 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 18.1 For the purpose of this Contract, a grievance shall be defined as an allegation of a misapplication or misinterpretation of a specific term of the Contract, or an appeal from a departmental suspension, or dismissal, or other departmental disciplinary action. Performance observation reports ("PORs") are positive or negative counseling provided to officers in writing and are not considered disciplinary action. Employees must sign PORs to acknowledge receipt and may issue a rebuttal statement within five (5) calendar days of receipt. The parties to this Agreement recognize rebuttal statement shall be maintained with the stewards POR in the employee's personnel file. The Chief and/or his designee will review any rebuttal statement, determine if the POR should be modified and notify the employee of his/her decision.
18.2 Any dispute between UPSEU/COPS Unit #104 and the OPAA representatives specified City involving the interpretation or application of the terms of this Contract may be filed as a grievance within ten (10) calendar days of the event giving rise to the complaint. The grievance shall be in Article 5 as writing, setting forth the agents through which employees section of the Contract involved, the specific violation, the proposed remedy, and shall process their grievances and receive be handled in accordance with the procedure set forth below:
18.3 a. Step 1. The grievance shall be submitted by Unit #104 to the Chief of Police. The Police Chief shall give his/her written answer to the Union within fourteen (14) calendar days of the receipt of the grievance. Step 2. If no satisfactory settlement thereof.
a. The Hospital or is reached, the Association shall not grievance may be required submitted to consider or process any grievance which arises out the Director of any action or condition more than Human Resources within seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days decision of the supervisor's unsatisfactory replyChief of Police. The grievance shall identify the nature Director of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged Human Resources will make an effort to have been violated. The supervisor will deal with resolve the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, give his/her written answer within fourteen (14) calendar days following of receipt of the circumstances giving rise grievance. Step 3. In the event the grievance is not settled in a manner satisfactory to both parties in Step 2 above, then either party has the right and authority to submit such grievance to the complaint State Board of Mediation and Arbitration to arbitrate such dispute or grievance. Such policy The request to the State Board of Mediation and Arbitration must be made within twenty (20) calendar days of the written decision of the Human Resources Director prescribed by Step 2. Any grievance involving a termination from employment or a suspension of fifteen (15) days or greater shall be signed by an OPAA representative or, in submitted to the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or American Arbitration Association (AAA) for arbitration. The Hospital agrees that it will not dischargeparties shall share equally the fees and costs of the arbitration, without just cause, an employee who has completed their probationary periodexclusive of the parties' respective Attorneys' fees. A claim by an employee who has completed their probationary period that they have been unjustly discharged The decision of the Board/AAA shall be treated final and binding on both parties and shall have the same force and effect as a grievance. Such grievance shall be originated at Step 2judgment of law.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties 9.01 It is agreed that it is the spirit and intent of the Agreement to adjust employee or employer grievances promptly. Should a dispute arise between the Board and any employee or the Union regarding the interpretation, meaning, operations or application of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital has been violated, or the Association shall not be required to consider or process should any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may other dispute arise, an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the manner outlined in this Article. Disputes shall be dealt with so far as possible by discussion between the individuals directly affected. If a satisfactory solution of a dispute cannot be reached at this level, the dispute shall become a grievance and such grievance shall be processed in order to reach a fair and amicable settlement in accordance with the terms of this Article. Disputes of a general nature between the Board and the Union may be initiated by the appropriate representatives at Step 1. Where a dispute involving a question of an employee’s medical assessment or an OPAA representative if desireddismissal occurs, submit the Board and the Union may agree to by-pass Steps 1 and 2 of the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presentedprocedure.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. - The parties shall meet within seven (7) calendar days of this filingemployee concerned, or at such other time as mutually agreed assisted by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a their ▇▇▇▇▇▇▇ and/or Business Agent, shall submit the grievance in writing to the Supervisor of Maintenance, with a copy to the Superintendent of Human Resources, within five (5) working days after the date of meeting informally with the Supervisor of Maintenance. The Supervisor of Maintenance or an OPAA representative on behalf of designate shall deliver a group of employees who have decision in writing to the same complaint. Such grievances must be dealt employee concerned, with at successive stages a copy to the ▇▇▇▇▇▇▇ of the appropriate union, within five (5) working days after the date the employee’s written grievance procedure commencing with Step 1. The grievors shall be listed on the grievance formwas received.
12.06 A Policy grievance Step 2 - If the written decision of the Supervisor of Maintenance or designate is defined as one which involves a question relating not satisfactory to the interpretationemployee concerned, application the employee concerned may appeal the written decision of the Supervisor of Maintenance or administration of this Agreement and, when submitted by the Hospital, can relate designate to the conduct Manager of Facility Services or a designate by lodging an appeal in writing within five (5) working days after the date on which the employee concerned received the written decision of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case Supervisor of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedMaintenance.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The It is the mutual desire of the parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which hereto that complaints of employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredadjusted as quickly as possible. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood Both parties, therefore, recognise that an employee shall first give their having a complaint should inform his immediate supervisor verbally as quickly as possible and attempt to resolve the problem. In the event that the supervisor is unable to resolve the problem, the employee should not consider that he has a grievance until he has given his Section Head an opportunity of adjusting the employee’s complaint. to adjust his If the such complaint or grievance is not adjusted settled to the employee’s satisfaction of the employee concerned within seven twenty-four (724) calendar days of being discussed with the immediate supervisor, it hours or within any longer period which may be taken up as mutually agreed upon, the employee may then invoke the following progressive steps of the Grievance Procedure: Step An employee shall submit his grievance, in writing, through a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a Union ▇▇▇▇▇▇▇ or an OPAA representative if desiredto his Branch Head, within seven (7) full work days after the grievance arises. Within five (5) work days, after receiving the grievance, the Branch Head shall hold a hearing and, within ten (1O) calendar days after the holding of the said hearing, he shall advise his decision, in writing, to the employee concerned and to the Union ▇▇▇▇▇▇▇. Step Should the employee the Union consider that a just settlement has not been found they may, within five (5) calendar days from the date the decision was rendered in Step submit the grievance in writing to their immediate supervisor within seven (7) calendar days Vice President and General Manager Canada. Vice President and General Manager Canada or in his absence another member of the supervisor's unsatisfactory reply. The grievance Canadian Senior Staff shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal hold a hearing with the grievance and will notify the grievor employee and the Association representative of the decision in writing Union Committee within seven five (75) calendar days following receipt of the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven grievance. Within ten (710) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filingthereafter Vice President and General Manager Canada, or at such other time as mutually agreed by in his absence the partiesdesignated Senior Staff Member, to discuss shall advise the grievance. The Hospital shall notify the grievor and the Association of its Company's final decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretationemployee concerned and the Union. General If the decisions as announced by British Airways' officials under the Grievance Procedure, application or administration Article are not appealed within the time limits prescribed herein, the decision of this Agreement andBritish Airways' officials shall become final and binding. If the Company fails to make a decision within the time prescribed, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2conceded. Time limits may be extended by written mutual agreement. General If, bypassing Step 1as a result of any hearing or appeal therefrom, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just causeas provided for herein, an employee is exonerated, he shall if he has been held out of service, be reinstated without loss of seniority, vacation and holidays and he will be paid for such time lost in the amount which he would have ordinarily earned, had be been continued in service during such period, and his personnel record shall reflect such change. General Employees of British Airways who has completed their probationary periodare involved in any hearing or appeal therefrom shall, without prejudice, be given leave of absence or sufficient time off work in order to permit them to appear as witnesses. A claim Payment of basic salary for such leave of absence or time off from work will be made by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2British Airways.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The Section For purposes of the a grievance is defined as a difference arising between the parties relating to the interpretation, application, or alleged violation of this Agreement recognize including any question as to whether a matter is arbitrable. Section It is the stewards and mutual desire of the OPAA representatives specified in Article 5 as the agents through which parties hereto that of employees shall process their grievances be adjusted as quickly as possible, and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It it is understood that an employee shall has no grievance until has first give their given immediate supervisor the opportunity of adjusting complaint. an employee has a complaint, such shall be discussed with supervisor within five (5) calendar days the employee’s complaintcircumstances giving rise to the complaint have originated or occurred. If the immediate supervisor is to adjust a complaint is not adjusted to the employee’s their mutual satisfaction within seven three (73) calendar days the employee may proceed with the grievance procedure within three (3) calendar days following the decision of being discussed with the immediate supervisor, it may Immediate supervisor" for the purposes of this Collective Agreement means the first level of supervision outside of the bargaining unit. Section The grievance of the employee properly arising under this Agreement must be taken up adjusted and settled as a grievance as set out below.follows:
12.03 Step 1 1: The employee willmust submit a written grievance, accompanied signed and dated by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing employee to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy specific remedies sought, and should specify the provisions section or sections of the Agreement Agreement, which are alleged to have been violated, must be set out in the grievance. The immediate supervisor will deal with the grievance and will notify the grievor and the Association representative of the deliver decision in writing within seven three (73) calendar days after receipt of the grievance in writing. Failing settlement, the next step of the grievance procedure may be taken.
Step 2: Within three (3) calendar days following the date decision under the grievance was presented.
12.04 Step 2 If employee must submit the grievance is not settled under Step 1, it may be filed with written to the Hospital at Step 2 within seven manager or designate. Within three (73) calendar days of the decision under Step 1 or within seven (7) calendar days receipt of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed grievance by the partiesEmployer, (or the Union in the case of a policy grievance), a meeting shall be held to discuss the grievance. The Hospital shall notify must be present at this meeting (in a group grievance, a representative must be present), unless the grievor is hospitalized and it is to delay the Association of its meeting until the is available. A decision in writing shall be delivered by the party the grievance within nine five (95) calendar days following after the Step 2 meeting.
12.05 A Group grievance is defined as a single grievancemeeting at the was discussed. Failing settlement, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have either party may submit the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating matter to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, arbitration within fourteen ten (1410) calendar days following the circumstances giving rise reply at Step is given. written request for arbitration is received within such ten (10) calendar day period, the grievance must be deemed to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2abandoned.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to Definition: Any unit member in this Agreement recognize unit who feels that their wages, hours or working conditions do not conform with the stewards standard as negotiated and set forth in this contract, shall have the OPAA representatives specified in Article 5 as following grievance procedure available. Such matters must be taken up at Step I of the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar following procedures within 20 working days after the subject unit member knew or should have known of such the act or condition on which the grievance occurredis based. At no time In processing grievances through all steps of this procedure, unit members may an employee or group be accompanied by a representative of employees file a grievance on behalf the association. Step I
▇. Oral discussion of another employeecomplaint with supervisor.
b. It is understood that an employee shall first give their immediate B. Oral reply by supervisor the opportunity within ten (10) days.
C. If unresolved by oral response of adjusting the employee’s complaint. If the complaint is not adjusted supervisors, proceed to the employee’s satisfaction Step II within seven ten (710) calendar days of being discussed with the immediate supervisor, it may be taken oral reply.
A. Complaint is written up as a grievance as set out belowand presented to supervisors. Association grievance committee could file a written complaint and present to the supervisor on behalf of the unit members.
12.03 B. Supervisor to respond in writing within ten (10) days.
C. If unresolved by supervisor's reply, proceed to Step 1 The employee willIII within ten (10) days. Step III
A. Association grievance committee files written appeal with authorized district representative.
B. Within ten (10) days, accompanied by a the district authorized representative convenes meeting with association grievance committee to discuss grievance. District provides written response within ten (10) days. Spencerport Paraprofessional Association - 15 - July 1, 2012 - June 30, 2015
▇▇▇▇▇. ▇▇ unresolved by district representative's written reply, association may, within ten (10) days, appeal grievance to Superintendent for hearing. Step IV
A. Within ten (10) days of appeal, a hearing is held.
B. Superintendent renders decision within ten (10) days of completion of hearing. Step V Arbitration will apply to contractual grievances for all unit members. In discipline matters, arbitration only applies to those unit members with three or an OPAA representative if desiredmore years of service.
A. If the unit member and/or association are not satisfied with the decision at Stage IV, it may submit the grievance in writing to their immediate supervisor arbitration by written notice to the Superintendent of Schools within seven fifteen (715) calendar work days of the supervisor's unsatisfactory reply. The grievance shall identify decision at Stage IV.
B. Within fifteen (15) work days or less after such written notice of submission to arbitration, the nature Superintendent and the association will agree upon a mutually acceptable arbitrator competent in the area of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 obtain a commitment from said arbitrator to serve. If the grievance is not settled under Step 1parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, it may a request for a list of arbitrators will be filed with made to the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been madeAmerican Arbitration Association by either party. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.
C. The selected arbitrator will hear the matter and render a decision.
D. The arbitrator shall meet within seven (7) calendar days have no power to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this filingagreement.
E. The decision of the arbitrator shall be final and binding upon all parties.
F. The costs for the services of the arbitrator, or at such other time as mutually agreed including expenses, if any, will be borne equally by the parties, to discuss the grievance. The Hospital shall notify the grievor Board of Education and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetingassociation.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 Section 1. A grievance is defined as a dispute by the Union or a covered employee concerning the application or interpretation of a specific provision of this Agreement. Grievances may be initiated and pursued in the following manner using the Grievance Form in Exhibit B.
Step 1 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a union representative will present the grievance, on the official grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted form, to the employee’s satisfaction immediate supervisor for adjustment within seven (7) fourteen calendar days of being discussed with the date on which the events occurred giving rise to the grievance. The Human Resources Department will simultaneously receive a copy of the grievance. An employee’s supervisor will respond promptly, but in no event more than fourteen calendar days after receipt of the written grievance.
Step 2 If a written grievance, as outlined in Step 1, has not been settled between the affected employee and the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance will be submitted in writing to their immediate supervisor the facility director or designee, by the Union representative within seven (7) fourteen calendar days of the supervisor's unsatisfactory replydays. The grievance shall identify the nature Human Resources Department will simultaneously receive a copy of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor facility director or designee will deal with the grievance and will notify the grievor and the Association representative of the decision respond in writing to the Union representative within seven (7) ten fourteen calendar days following the date the grievance was presentedafter receipt.
12.04 Step 2 3 If the grievance is not settled under resolved, the Union or the affected employee may submit the grievance to the General Manager of Visitor Venues or their designee within fourteen calendar days from the receipt of the facility director or designee’s written response. The Human Resources Department will simultaneously receive a copy of the grievance. The General Manager will respond in writing within fourteen calendar days from receipt of the grievance.
Step 14 Should the parties fail to settle the grievance within seven calendar days from the date of submission to the General Manager of Visitor Venues, or their designee, it may be filed with the Hospital at Step 2 referred in writing within seven (7) calendar days thereafter to a Board of Adjustment upon mutual agreement of the parties. The Board of Adjustment will consist of two members designated by the General Manager of Visitor Venues, and two members designated by the Union. Members of the Board of Adjustment will not be from any of the facilities or local union under the jurisdiction of this Agreement. The Board of Adjustment will convene within ten calendar days following referral of the grievance to hear evidence submitted by the parties involved. The Board of Adjustment will decide the issue by majority vote of its members within five calendar days following the hearing. A majority decision of the Board of Adjustment will be final and binding on all parties. The grievance will be considered unsettled in the event of a split decision.
Step 5 If the grievance is still unsettled, the Union will, within ten calendar days of the receipt of the decision under Step 1 or of the Board of Adjustment, have the right to have the matter submitted to final and binding arbitration by submitting a written notice to the Employer’s Human Resources Director. In order to advance the grievance, the Union will request a list of seven arbitrators from the State of Oregon Mediation and Conciliation Services within seven (7) ten calendar days from the request for arbitration. Upon the receipt of the day this decision at Step 1 should list of arbitrators within fourteen days, both the Employer and the Union will have been madethe right to strike three names from the list alternately; the last name remaining will be the impartial arbitrator. The Employer and the Union will flip a coin to determine who strikes first. The parties shall meet will make best efforts to schedule arbitration within seven (7) calendar days six months of selecting and arbitrator. The fees and expenses of the arbitrator will be shared equally by the Employer and the Union. All other expenses will be borne by the party which incurs them. Each party will be responsible for compensating its own representative and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be made. If the other party desires a copy, both parties will jointly share the cost of the transcript and all copies. The designated arbitrator will conduct a hearing, and then issue a decision which will be final and binding on the parties. The arbitrator will not have jurisdiction or authority to add to, subtract from, modify or in any way change the provision of this filing, Agreement; establish new wage rates or at such other time as mutually agreed by change existing wage rates or rates for specific job classifications; or assume any responsibility of Management or of the parties, to discuss the grievanceUnion. The Hospital shall notify the grievor Employer and the Association Union may, by mutual agreement, submit the grievance to mediation prior to proceeding to binding arbitration. The provisions of its decision this Article will not be interpreted to require that the Union process any grievance through the grievance or arbitration procedure, which it believes in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group good faith, lacks sufficient merit. The time limits of this grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who and arbitration procedure will be strictly adhered to. The Employer will have the same complaintright to refuse to process or arbitrate a grievance which is not raised or processed within the above-described time limits. Such grievances must be dealt with If at successive stages any step of the grievance procedure commencing with Step 1the Employer does not formally respond as provided herein, it will be assumed that the Employer has rejected the grievance and the next step of the grievance procedure will be available. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration time limits of this Agreement and, when submitted grievance and arbitration procedure may be extended or waived by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, in writing, between the parties may extend the time limits set out aboveparties.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to 9.1 A grievance under this Agreement recognize shall be defined as a difference or dispute between the stewards Company and any Employee and/or the OPAA representatives specified Union which relates to the interpretation, application, administration or alleged violation of this Agreement and discipline or discharge of non-probationary Employees without reasonable cause, including any question as to whether a matter is arbitrable.
9.2 All time limits referred to in Article 5 as 9 may be extended by mutual agreement of the agents through which employees shall process their grievances and receive settlement thereofparties.
a. The Hospital 9.3 A complaint that a probationary Employee has been disciplined or the Association discharged shall not be required to consider or process constitute a difference between the Company and any grievance which arises out of any action or condition more than seven (7) calendar days after Employee and/or the subject of such grievance occurred. At no time may Union under this Agreement.
9.4 Provided an employee has received no discipline from the Company during any twenty-four (24) consecutive month period, all discipline on an employee’s record will be removed. Notwithstanding the foregoing, all records of counselling, reprimands, warnings and suspensions pertaining to workplace violence or group of employees file a grievance harassment will remain on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out belowfile indefinitely.
12.03 Step 1 The employee will9.5 A grievance must be in writing, shall specify the article or articles allegedly violated at the time, shall contain a description of the alleged violation, shall indicate the relief sought, and shall be signed by the grievor.
9.6 An Employee called into the Company’s office for disciplinary matters may, upon request, be accompanied by a Union ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit ▇. Copies of disciplinary notices will be given to the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievanceEmployee involved, the remedy soughtUnion, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a Union ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have ▇.
9.7 Any disciplinary action taken by the same complaint. Such grievances Company must be dealt with at successive stages issued to the Employee within five (5) working days of the grievance procedure commencing with Step 1. The grievors alleged infraction.
9.8 It is the mutual desire of the Company and any Employee and the Union that complaints of Employees shall be listed on adjusted as quickly as possible. It is understood that an Employee has no grievance until he has first given his Supervisor the grievance formopportunity of adjusting his complaint.
12.06 A Policy grievance is defined as one which involves 9.9 If any Employee has a question relating to the interpretationcomplaint, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance he shall be originated at Step 2, bypassing Step 1, discuss it with his Supervisor within fourteen five (145) calendar days following after the circumstances giving rise to the complaint have occurred or grievance. Such policy grievance shall be signed by an OPAA representative or, in ought to reasonably have come to the case attention of a Hospital policy grievance, by the Hospital Employee or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitrationUnion. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged Supervisor shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, give his response to the parties may extend the time limits set out above.complaint within five
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties purpose of these procedures is to this Agreement recognize afford employees simple means of obtaining consideration of their grievance or complaint by informal means at the stewards department head level and review of the OPAA representatives specified in Article 5 as department head’s decision without the agents through which employees shall process their grievances use of legalistic forms and receive settlement thereof.
a. The Hospital procedures A grievance or the Association shall not complaint may be required to consider filed if a management interpretation or process any grievance which arises out application of any action a law, ordinance, resolution, regulation, or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting rule adversely affects the employee’s complaintwage, hours, or conditions of employment. If Excluded from the complaint grievance procedure are performance evaluations and actions of the Board of Supervisors. This is not adjusted intended to limit the employee’s satisfaction within seven (7) calendar days right of being any employee or employee representative to approach the Board of Supervisors on any matter. Procedural steps All grievances or complaints shall be filed on a form provided by the Deputy County Administrator – Personnel and Risk Management Officer under the following procedure:
Step 1: Immediate Supervisor Each employee believing he or she has a grievance or complaint, before filing the same in writing, shall discuss his or her problem or complaint with the immediate supervisor in an attempt to resolve the matter as simply and informally as possible. Said grievance or complaint must be discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven fifteen (715) calendar working days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged situation giving rise to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following or from the date the employee should reasonably have expected to know of the situation giving rise to the grievance was presented.
12.04 Step 2 or complaint If the grievance or complaint has not been resolved at the immediate supervisor level within ten (10) working days after the discussion, the grievance or complaint may be submitted to the next management level.
Step 2: Appointing Authority/Department Head If the grievance or complaint is not settled resolved under Step 1, it may be filed with submitted to the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been madeappointing authority/department head. The parties grievance or complaint shall meet be submitted within seven fifteen (715) calendar working days after the verbal decision of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors Within five (5) working days after submission, the employee shall meet with the appointing authority or a designated representative, and within ten (10) working days after said meeting a written decision shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating delivered to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedemployee.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Memorandum of Understanding
GRIEVANCE PROCEDURE. 12.01 33:01 The parties Union shall have the right to this Agreement recognize present a grievance directly, in its own name, in addition to its right to present a grievance on behalf of one or more of the stewards employees. Any employee may present a grievance to the Town, in accordance with the procedure herein set forth, and have such grievance heard without intervention by the Union, provided, however, that the Town shall immediately notify the Union in writing of the filing of a grievance by any such employee and the OPAA representatives specified in Article 5 as the agents through which employees Union shall process their grievances have been afforded a reasonable opportunity to be present at all meetings concerning said grievance, and receive settlement thereof.
a. The Hospital or the Association provided, further, that any adjustment made upon such grievance shall not be required to consider inconsistent with the terms of the Collective Bargaining Agreement then in effect between the Town and the Union.
33:02 Any complaint, dispute, or process controversy of any grievance kind which arises out between one or more employees and the Town or its agents, or between the Union and the Town or its agents, with respect to the circumstances and conditions which concern the working relationship of any action or condition more than the employees in the Burlington Fire Department under the provisions of the Agreement and all applicable laws, rules and regulations not in conflict herewith, including without limitation, all issues concerning working conditions, hours of work, wages, fringe benefits, and standards of productivity and performance, shall be processed as a grievance under the following procedures:
Step 1: The Union shall present the grievance in writing on a form approved by the Union, to the Chief of the Fire Department, who shall acknowledge receipt of same in writing, and who shall then meet with the Grievance Committee within forty-eight (48) hours thereafter (exclusive of Saturdays, Sundays, and holidays) to discuss and attempt to adjust the grievance. In the event the grievance is not adjusted to the mutual satisfaction of the Union and the Chief with five (5) calendar days after its presentation to the Chief, the grievance may, within fourteen (14) calendar days after the date of presentation to the Chief, be presented to the Town Administrator, who shall acknowledge receipt of same in writing.
Step 2: Within seven (7) calendar days after the subject presentation of such the grievance occurredto the Town Administrator, the Town Administrator or designee shall meet with the Grievance Committee to discuss and attempt to adjust the grievance. At no time may an employee or group of employees file a In the event that the grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s mutual satisfaction of the Union and the Town Administrator within seven (7) days after its presentation to the Town Administrator, the grievance may, within thirty (30) calendar days of being discussed after its presentation to the Town Administrator, be submitted to final and binding arbitration in accordance with the immediate supervisorprovision of Article 34 hereof. A grievance may initially be presented at the Step 2 level, it if the grievance was initiated at a level above the Chief’s purview.
33:03 All time limitations established by this Article may be extended by mutual agreement of the parties involved.
33:04 Any grievance not taken up to the next step or to arbitration, as the case may be, within the time limits as herein set forth, or as mutually extended, shall be deemed settled.
33:05 The Grievance Committee shall consist of not more than five (5) representatives of the employees. Any and all time spent by any member of the Grievance Committee and the President of the Union or his/her designee in investigating, discussing, or processing a grievance as set out belowduring working hours shall be without loss of pay, benefits, or seniority.
12.03 Step 1 The employee will, accompanied by a 33:06 There shall be one Union ▇▇▇▇▇▇▇ for each shift. In case of an emergency or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days absence of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who ▇, the grievant shall have permission to use the same complaint. Such grievances must be dealt with at successive stages Fire Department intercommunication system to attempt to contact any member of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance formGrievance Committee.
12.06 A Policy grievance is defined as one 33:07 In disciplinary or other matters which involves a question relating to the interpretation, application are grievable under this contract and are appealable under G.L.c.31 ss41-45 or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just causec.32 s16, an employee who has completed their probationary periodmust make an election whether to seek arbitration or appeal under state law, all as determined by G.L. c.150e s.8. A claim by Except to the extent that s.8 provides an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreementoption to the employee, the parties may extend arbitration provisions of Article 34 are intended to be the time limits set out aboveexclusive procedure by which grievable matters are resolved.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 6.01 The parties to this Agreement recognize the stewards Union and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances Company agree it is important that differences are brought forward quickly and receive settlement thereofthat sincere efforts are made to resolve them without undue delay.
a. The Hospital 6.02 If a difference arises between an employee and the Company over the interpretation, application, administration or the Association shall not be required alleged violation of this Agreement, the employee and the immediate supervisor must first meet as soon as possible and attempt to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after resolve the subject of such grievance occurreddifference informally. At no time may If an employee deems it necessary, the employee may request to be accompanied by the Area Union ▇▇▇▇▇▇▇.
6.03 The employee may refer the difference to the Superintendent of Employee Relations if it concerns sensitive personal issues, which the employee does not want to discuss with the immediate supervisor.
6.04 If the difference has not been settled informally, or group of employees the employee has not received a reply from the supervisor within five (5) days the employee will review it with the Area Union ▇▇▇▇▇▇▇ who will advise the employee on whether to proceed to file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaintformal grievance. If the complaint is not adjusted employee decides to proceed, the difference will be presented as a grievance to the employee’s satisfaction immediate supervisor or, in the case of sensitive personal issues, to the Superintendent of Employee Relations. All grievances must be in writing, signed by the employee and presented within five (5) days from the date the response has or should have been given and within twenty-one (21) days from the date the employee knew or should reasonably have known of the circumstances giving rise to the grievance. The employee and the Area Union ▇▇▇▇▇▇▇ will meet with the Manager, or designate, and one other Company representative to review, discuss and attempt to resolve the grievance. If the Area Union ▇▇▇▇▇▇▇ is absent, the nearest Area Union ▇▇▇▇▇▇▇ may attend. This meeting must occur within five (5) days of the presentation of the grievance and the employee must be given the written Company answer to the grievance within seven (7) calendar days of the meeting, with a copy to the Area Union ▇▇▇▇▇▇▇. If the grievance is denied, the answer must be accompanied by a written Company Grievance Report detailing the Company position and the facts it agrees with or disputes in connection with the grievance.
6.05 All settlements of differences during the informal process or grievances at the first stage will be without prejudice or precedent to any future cases.
6.06 Failing settlement at the first stage, the employee, after consultation with the Area Union ▇▇▇▇▇▇▇, may wish to have the grievance considered at a meeting of the Grievance Settlement Committees of the parties. In that event, the grievance must be referred to both committees within seven (7) days after the Company answer was given, or should have been given, at the first stage accompanied by a written Local Union Grievance Report detailing the Local Union position and the facts it agrees with or disputes in connection with the grievance. The committees will meet every thirty (30) days, if necessary, or more frequently as agreed to between the parties, to consider all grievances referred to them. The committees will adopt a problem solving approach in dealing with the grievances. It is hoped that the matter will be resolved at the meeting, but, in any event, the Company will advise the Local Union and the Employee in writing of its decision within fourteen (14) days of the meeting.
6.07 The Company Grievance Settlement Committee will consist of two (2) Managers, an alternate Manager, and the Superintendent of Employee Relations, who shall chair the Committee. Members of the Committee will be appointed and serve annually. If a Manager member is absent for the day, the Manager will be replaced by the alternate Manager. At the request of either party, the Manager or agreed to designate from the area in which the grievance originated shall attend the Stage Two meeting.
6.08 The Union Grievance Settlement Committee will consist of two Local Union members and the Chair of the Local Union Grievance Committee who shall be the Chief ▇▇▇▇▇▇▇ and Chair of this Committee. Members of the Grievance Settlement Committee will be appointed and serve annually. In any situation where one Local Union member of the Committee is absent for the day, the member will be replaced by an alternate Local Union representative. If two members of the Union Grievance Settlement Committee are absent for the day, the meeting will be rescheduled to a later date. A representative of the Union may attend as required.
6.09 In keeping with the problem solving approach to grievances, the parties agree that achieving effective results at Stage Two is related to the quality of fact finding and discussion. To assist, the two Settlement Committee Chairs will meet at least seven (7) days in advance of each scheduled meeting of the Settlement Committees to review and assess the written Grievance Reports submitted by each party. If the Chairs agree that additional information is required to either correct deficiency in a Report, or to clarify issues arising out of the Report, the Chair representing the party responsible for the Report will arrange to have the information, if available, added to the Report for presentation to the Committees. If the Chairs agree that the grievance should be reviewed by a Joint Committee before proceeding to the Grievance Settlement Committees, the grievance will be so directed and reasonable efforts will be made to have the grievance reviewed by the joint committee within thirty (30) days of being discussed notified. The thirty (30) days will be in addition to the time limits contained in these Articles. The Local Union Chair will be granted reasonable time off for these purposes.
6.10 Where there is a direct difference between the Company and the Union concerning the interpretation, application, administration, or alleged violation of this Agreement, which is not resolved by discussion between them, either party may file a grievance in connection with the immediate supervisordifference. All grievances must be in writing, it signed by the filing party and presented to the other within ten (10) days of the occurrence or origination of the circumstances giving rise to the grievance. The Grievance Settlement Committees, supplemented by the Unit Chair and a Union representative as required, and the Manager of Employee Relations, must meet within fourteen (14) days of the presentation of the grievance to consider it. It is hoped that the matter will be resolved at the meeting, but in any event, the party receiving the grievance will advise the other of its decision in writing within fourteen (14) days of the meeting.
6.11 The time limits contained in these Articles may be taken up as a grievance as set out belowextended by agreement between the parties, which agreement will not be unreasonably withheld.
12.03 Step 1 6.12 The employee will, accompanied by a word “day” wherever used in this Agreement shall refer to calendar day unless the contrary is specified.
6.13 Any Area Union ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit Local Union Officer shall be allowed reasonable time off to attend the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal necessary meetings with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filingsupervisory personnel, or at such other time as mutually agreed by the partiesemployees, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, assist in the case early resolution of a Hospital policy grievancedifferences, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect as provided for in this article, subject to a grievance directly affecting an employee obtaining permission (which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedunreasonably withheld) from the immediate supervisor. Reasonable time spent by Area Union Stewards and Local Union Officers during their regular working hours in connection with these duties will be considered time worked.
12.07 6.14 The release or discharge Union Grievance Settlement Committee, and Area Union Stewards shall be employees. The number, and their location, to be as set out in Schedule “B”.
6.15 An Interest-based approach to resolving issues will be encouraged as a problem-solving tool available to assist the parties. At the request of a probationary employee shall not either party, this approach will be the subject of used to resolve a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2Stage Two.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any 5.1 A grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may is a complaint by an employee or group of employees file a grievance on behalf involving an alleged violation and/or interpretation of another employeeany provision under and during the term of this Agreement.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a 5.2 Any grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance submitted in writing to their immediate supervisor within seven (7) calendar days shall contain a clear concise statement of the supervisor's unsatisfactory reply. The grievance shall identify alleged violation including sufficient detail so dates, times, occurrences and the nature of the grievancecircumstances can be readily identified. It shall also refer to the contract Article and Section allegedly violated.
5.3 Nothing shall prevent the presentation of grievances not falling under the above-said definition except grievances of this nature shall not be subject to arbitration. It is the intent of both parties that grievances filed shall be processed with sincerity and dispatch.
5.4 Grievances shall be settled in the following manner:
Step 1 A grievance (except involving discipline, discharge, suspension or disciplinary demotions) shall be presented in writing within thirty (30) working days after the remedy soughtevent out of which such grievance shall have arisen, and should specify by the provisions appropriate Union Representative to the immediate supervisor. Grievances arising as a result of a discharge, suspension, disciplinary demotion or discipline shall be presented within ten (10) working days following such notification. Any grievances not so presented within the Agreement which are alleged to have been violatedspecified ten (10) days shall not thereafter be considered. The supervisor shall schedule a meeting within three (3) work days of receipt of the written grievance. The immediate supervisor will deal with provide a written response to the grievance and will notify within three (3) working days thereafter.
Step 2 Grievances that cannot be settled at the grievor and first step may be appealed by a Union Representative to the Association representative of the decision in writing Director-Labor Relations or their designee within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar working days of the decision under Step 1 or within seven (7) calendar days of the day this decision response received at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors Director or his/her designee will schedule a meeting within five (5) working days of the appeal. The Company shall provide the authorized Union Representative a written answer within five (5) working days of this meeting.
5.5 Time limits as specified in the grievance and arbitration procedures may be waived by written mutual agreement.
5.6 When representatives of the Union attend grievance meetings with representatives of the Company, they shall suffer no loss of pay at the straight time rate for time spent in actual meetings.
5.6.1 Pay shall be listed on the grievance formallowed only if such meetings are held during such employee’s scheduled working hours and only if such employee would have worked had they not attended such meeting.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance 5.6.2 Pay shall be originated allowed for not more than three (3) employees at Step 1; not more than two (2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated employees at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties To provide for the expeditious and mutually satisfactory settlement of grievances with respect to wages, hours of work and other conditions of employment, the procedure hereinafter set forth shall be followed. Nothing contained in this Agreement recognize shall deprive any individual employee of the stewards and right to discuss with any supervisor or executive of the OPAA representatives specified Company matters in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days his own interest. However, after the subject Union has referred a grievance to the Company for adjustment, the Company will not initiate discussion of such the matter with the employee involved, nor adjust the grievance occurredpending settlement with the Union. At no time may Page ‘The Committee has the right to fully investigate any legitimate complaint, grievance or alleged violation of the Contract. Employees have the right to have complaints or grievances handled by a Committee member with the option to be present in Steps and if they want to. Representation by a member of the Committee is to be made available without delay upon request by the employee, When an employee or group of employees file wish to have a grievance on behalf presented for settlement by the Union, such grievance shall be presented as outlined below and settlement effected at one of another employee.
b. the steps indicated. Except in cases of dismissal, any grievance which is not presented within fourteen (14) days following the event giving rise to the grievance shall be forfeited and waived by the aggrieved party. COMPLAINTS It is understood the desire of the parties hereto that legitimate complaints of employees shall be adjusted as quickly as possible. If an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted has any complaints which he wishes to the employee’s satisfaction within seven (7) calendar days of being discussed discuss with the immediate supervisorCompany, it may be taken up as a grievance as set out below.
12.03 Step 1 The the employee will, accompanied by a shall along with or through his ▇▇▇▇▇▇▇ or an OPAA representative if desired▇, submit discuss the grievance in writing to their matter with immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replysuperior. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance such a complaint is not settled under Step 1, it may be filed with to the Hospital at Step 2 within seven (7) calendar days satisfaction of the decision under Step 1 or griever concerned within seven (7) calendar days of one working day, the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages steps of the grievance procedure commencing with Step 1may be invoked in order. The grievors STEP ONE A meeting shall be listed on held within five (5) working days of a written grievance being filed with management. In attendance at said meeting will be the Branch Manager or his appointee, The Union Committee as per and the Managements reply will be issued in writing within five (5) working days of said meeting. STEP TWO If the grievance form.
12.06 A Policy has not been settled satisfactorily in step one above, then within five (5) working days the grievance is defined as one which involves a question relating must be submitted to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewardsstep two. A policy grievance meeting shall be originated at Step 2, bypassing Step 1, held within fourteen five (145) calendar working days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not dischargebeing submitted at step two, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged attending said meeting shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreementthe Company Director of Industrial Relations, the parties may extend Branch Manager or their appointees, the time limits set out aboveGrievance Committee, the and the Union Business Agent. Management reply will be issued in writing within ten working days of said meeting.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 8.01 The parties purpose of this Article is to establish a procedure for the settlement of grievances.
8.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process discuss their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give complaint with their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction Coordinator within seven (7) calendar days of being discussed the incident giving rise to the complaint. The Parking Coordinator shall state their decision verbally within four calendar days of receiving the complaint.
STEP 1 - Should the employee be dissatisfied with the immediate supervisorCoordinator’s disposition of the complaint, it may be taken up as a grievance as set out below.
12.03 Step 1 The said employee willmay, accompanied by a within seven calendar days of receipt of the verbal reply to the complaint, with the assistance of their ▇▇▇▇▇▇▇ refer such matter in writing on a standard form prescribed for such purpose to the Manager of Parking. The grievance shall specify the article or an OPAA representative if desiredarticles and sub-sections of the Agreement of which a violation is alleged, submit contain a precise statement of the facts relied upon, indicate the relief sought and be signed by the employee and a Union ▇▇▇▇▇▇▇. The Manager of Parking shall answer the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presenteddays.
12.04 Step STEP 2 - If the grievance no settlement is not settled under reached at Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of grievor, the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ and the Chief ▇▇▇▇▇▇▇ and representatives of management, shall meet within seven calendar days of receipt of the reply of the Manager of Parking to discuss the grievance. The Union's Representative may be in attendance at this meeting. Management shall answer the grievance in writing, within seven calendar days of the meeting. If the grievance is not settled within seven calendar days, it may be referred to arbitration by the Union as hereinafter provided.
8.03 The Union or an OPAA representative on behalf the Employer may initiate a grievance beginning at Step 2 of a group of employees who have the same complaintGrievance Procedure. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, filed within fourteen (14) calendar days following of the circumstances incident giving rise to the complaint or grievanceand be in the form prescribed in Step 1. Such policy Any such grievance shall may be signed referred to arbitration under Article 10 by an OPAA representative or, either the Union in the case of a Hospital policy the Union grievance or the Employer in the case of the Employer grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process The Union may not be used with respect to institute a grievance directly affecting an employee or employees which they such employee or employees could have instituted themselves institute and the regular grievance procedure Grievance Procedure shall not hereby be thereby bypassedby-passed.
12.07 The release 8.04 Any complaint or discharge grievance which is not commenced or processed through the next stage of a probationary employee the Grievance or Arbitration Procedures within the time specified shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they deemed to have been unjustly discharged shall be treated as a grievancedropped. Such grievance shall be originated at Step 2.
12.08 By mutual agreementHowever, the parties may extend the time limits set out abovespecified in the Grievance Procedure may be extended by mutual agreement in writing between the Employer and the Union.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties 25.01 A grievance is defined as a complaint relating to the interpretation, application, administration or alleged violation of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofAgreement.
a. The Hospital or 25.02 It is the Association mutual desire of the parties that grievances shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredadjusted as quickly as possible. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall has no grievance until he or she has first give their given his or her immediate supervisor an opportunity to adjust the opportunity of adjusting complaint. Any complaint shall be discussed with the employee’s complaintsupervisor concerned within five (5) working days after the circumstances giving rise to the complaint occurred or originated. If the supervisor is unable to adjust the complaint is not adjusted to the employee’s 's satisfaction within seven five (75) calendar days of being discussed working days, the employee may proceed with the immediate supervisorgrievance procedure at Step 1.
25.03 The reference to days in this Article excludes Saturdays, it Sundays and public holidays. Time limits mentioned in this Article may be taken up as a grievance as set out belowextended with the written consent of both parties.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ 25.04 No grievance shall be considered or an OPAA representative if desired, submit processed where the circumstances giving rise to it occurred or originated more than five (5) working days before the grievance in writing is brought to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged attention pursuant to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presentedArticle 25.02 above.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the 25.05 A "group grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance " is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative a Union Representative on behalf of a group of employees who have the same complaint. Such grievances a grievance must be dealt with at successive stages of the grievance procedure procedure, commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration, the matter shall be adjudicated as a group grievance.
12.06 A Policy 25.06 The Union may initiate a policy grievance is defined as one or the Employer may initiate a grievance beginning at Step 2 of the grievance procedure. Such a grievance must be filed within ten (10) working days from the date on which involves a question relating the incident giving rise to the interpretation, application grievance became known or administration of this Agreement and, when submitted by should have become known and shall be in the Hospital, can relate to form prescribed in Step 1. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the conduct of the Association, its representatives or stewardsregular grievance shall not therefore be bypassed. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise signed by a Union Representative and submitted to the complaint Employer. An Employer grievance shall be submitted by the Employer to a Union Representative or grievance. Such policy grievance to a ▇▇▇▇▇▇▇ and shall be signed by an OPAA a representative orof the Employer.
25.07 Step 1 An employee having a grievance, accompanied by his or her ▇▇▇▇▇▇▇ if the employee so requests, must submit the grievance to his or her supervisor within five (5) working days of the date on which the supervisor responded to or ought to have responded to the employee's complaint pursuant to Article 23.02. The nature of the grievance, the remedy sought and the relevant sections of the Collective Agreement which are alleged to have been violated shall be set out in the case grievance. The supervisor will deliver his or her decision in writing within five (5) working days after receipt of a Hospital policy the grievance. Failing settlement, by the Hospital or their representative. It is expressly understood that next step of the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not may be thereby bypassedundertaken.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The For purposes of this Agreement, a grievance is defined as a difference arising the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a is arbitrable.
(a) For purposes of this Agreement recognize Article, for full-time employees reference to "days" relating to Steps in the stewards grievance and arbitration procedure shall exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the OPAA representatives specified Steps in Article 5 special leave days and regularly scheduled days off other than the above. For the purposes of this Article, for part-time employees, reference to "days" relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays, paid holidays and, with respect to time limits applicable to a grieving employee in the Steps in Article special leave days as applicable. It is the agents through which mutual desire of the parties hereto that complaints of employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredadjusted as quickly as possible. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall has no grievance until has first give their given immediate supervisor the opportunity of adjusting the employee’s complaint. If an employee has a complaint, shall advise the supervisor that wishes to hold a complaint meeting and discuss it with immediate supervisor within ten days after the circumstances giving rise to the complaint is not adjusted have occurred or ought to have reasonably come to the attention of the employee’s satisfaction within seven (7) calendar days of being discussed with . The discussion shall be between the employee and immediate supervisor. The employee may request a Union Representative be present. The Society shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representativeat a complaint meeting. It is understood that the Human Resources Representative will not take an active part in the discussion. Union agreement will not be unreasonably withheld. The Supervisor shall give response to the complaint within five (5) days and, failing settlement, it may be then taken up as a grievance as set out below.
12.03 within five (5) days following advice of the immediate supetvisor's decision in the following manner and sequence. Step 1 The employee willA meeting will then be held where the employee, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit who shall have the assistance of Union Representative,may present grievance in writing to their immediate supervisor with the appropriate Service Director, Branch Assistant, Department Head, or their designate present. Upon mutual agreement a National Representative of the Canadian Union of Public Employees may be present at such meeting. The Society shall make prior written request of the Union in the event that a supervisor requests the presence of a Human Resources Representative at a complaint meeting. It is understood that the Human Resources Representativewill not take an active part in the discussion. Union agreement will not be unreasonably withheld. Such meeting shall be held within seven five (75) calendar days of the supervisor's unsatisfactory replycomplaint being taken up as a grievance unless extended by agreement of the parties. The grievance shall identify be in writing on a grievance form approved by the Society and the Union shall include the nature of the grievance, the remedy sought, sought and should specify shall be sufficiently specific to the provisions of the Agreement which are alleged to have been violated. The Failing settlement, the immediate supervisor will deal with shall deliver decision in writing within five (5) days following the presentations of the grievance and to Failing settlement: Step Within five (5) days after the decision in Step the griever, who shall have the assistance of the Union Grievance Committee, may submit the grievance in writing to the Director of Human Resources, or designate. A meeting will notify then be held between the grievor Director of Human Resources, or designate, and the Association Union Grievance Committee (which shall not exceed three (3) in number, including a representative in the Department in which the grievance arose). Such meeting shall be held within ten days of submission of the grievance at Step unless extended by agreement of the parties. It is understood and agreed that a National Representative of the Canadian Union of Public Employees may be present at such meeting at the request of either and that the Society may also have such counsel and assistance as it may desire. The decision of the Director of Human Resources, or designate, shall be delivered in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 Section 1. A grievance shall be any disagreement or dispute which arises concerning the application, meaning or interpretation of this Agreement. The written grievance shall be filed using the procedure in Section 2. Overtime grievances shall be submitted directly to the Human Resource Manager.
Section 2. Any employee, with notice to the Union, or the Union on the employee's behalf may file a grievance at Step 1 in writing with his/her immediate supervisor, with a copy to the HR Manager within thirty (30) calendar days of the alleged action or that date the employee or the Union knew or should have known of the alleged action. The parties agree it is in their mutual interest to this Agreement recognize resolve problems at the stewards lowest level possible and, therefore will communicate openly at all steps of the process either by phone conversation or meeting. Grievances shall not be frivolous and shall be submitted on the AFSCME Grievance Form and shall contain the articles alleged to have been violated, the specific reasons why the employee feels the articles were violated, and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofspecific remedy(s) requested. Any grievance that does not fulfill these standards may be found invalid by an arbitrator.
a. The Hospital Union or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed may request a meeting with the immediate other party to discuss the grievance. The supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a grievant or ▇▇▇▇▇▇▇ or an OPAA representative if desiredshall not be required to meet during non-work hours, submit however, the grievance in parties understand that schedules may preclude such meeting unless someone volunteers to attend on non-duty time. If a meeting is held the immediate supervisor's detailed response will be reduced to writing to their immediate supervisor within seven fifteen (715) calendar days from the date of the supervisor's unsatisfactory reply. The grievance shall identify the nature receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager.
b. If no meeting occurs in accordance with (a) above, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The immediate supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision shall give a detailed response in writing within seven (7) calendar days following from the date of receipt of the grievance was presentedgrievance. A copy will be sent to the Union and the HR Manager.
12.04 Step 2 2. If the grievance is not settled under resolved at Step 1, it may be filed with appealed to the Hospital at Step 2 Program Administrator within seven fifteen (715) calendar days of after the decision under Step 1 supervisor's response was due.
a. The Union or within seven (7) calendar days of Program Administrator may request a meeting with the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, party to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievanceProgram Administrator, signed by a Union ▇▇▇▇▇▇▇ or an OPAA representative grievant shall not be required to meet during non-duty hours, however, the parties understand that schedules may preclude such a meeting unless someone volunteers to attend on behalf non-duty time. If a meeting is held the Program Administrator's detailed response will be reduced to writing within fifteen (15) calendar days from the date of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages receipt of the grievance procedure commencing grievance. A copy of the response will be sent to the Union and to the HR Manager.
b. If the Program Administrator does not wish to meet in accordance with Step 1. The grievors (a) above, he/she shall be listed on respond in writing to the grievance formwithin seven (7) calendar days from the date of receipt of the grievance. A copy of the response will be sent to the Union and to the HR Manager.
12.06 A Policy Step 3. If the grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated remains unresolved at Step 2, bypassing it may be appealed to the HR Manager or his/her designee within fifteen (15) calendar days after the response at Step 12 is due. The HR Manager or his/her designee shall respond by either arranging a meeting or responding with a written decision within fifteen (15) days. If a meeting is held the HR Manager or his/her designee shall respond to the employee or Union within fifteen (15) days from the date of the meeting.
Step 4. If the grievance remains unresolved at Step 3, the Union may appeal to the Department of Administrative Services within fourteen fifteen (1415) calendar days following the circumstances giving rise receipt of the response at Step 3. The Department of Administrative Services shall respond within fifteen (15) calendar days after receipt of the grievance. In the event the response from the Department of Administrative Services is acceptable to the complaint Union, such response shall have the same force and effect as a decision or award of an arbitrator, and shall be final and binding on all and they will abide thereby.
Section 3. Time limits may be extended by agreement of the parties confirmed in writing.
Section 4. The Union or the grievant shall not expand upon the original elements and substance of the written grievance. Such policy Prior to Step 3 of the Grievance Procedure, the Union or the employee may however, modify for the purpose of clarity, the articles cited as being violated and the remedy requested prior to filing at Step 3 of the Grievance Procedure. Improper expansions may, however, be the basis for an arbitrator to find a grievance shall be signed by an OPAA representative or, in invalid if the case of a Hospital policy grievance, Employer has identified the problem by the Hospital or their representativeStep 4 response. It is expressly understood that All so called "group" grievances must be specific at the policy initial step of the grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves procedure and must detail the articles violated, the employees affected and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge reasons for both. Issues of a probationary employee shall not vagueness and/or overbreadth remaining at the time of arbitration may be the subject of basis for an arbitrator to find a group grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2invalid.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to 8.01 For the purposes of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file Agreement, a grievance on behalf is defined as any difference arising between the parties relating to the interpretation, application, administration or alleged violation of another employee.
b. It the Agreement including any question as to whether a matter is understood that an arbitrable. An employee who has a complaint shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed discuss it with the his immediate supervisor, it . The employee may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a his ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit he so desires. Such a complaint shall be brought to the grievance in writing to their attention of the immediate supervisor within seven ten (7l0) calendar working days of the incident becoming known to the grievor. The immediate supervisor's unsatisfactory reply. The grievance decision shall identify be given verbally within five (5) working days.
Step 1 Should the nature employee be dissatisfied with the immediate supervisor's, or Department Manager as appropriate, verbal disposition of the grievance, complaint he may with or without the remedy sought, and should specify the provisions assistance of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a his ▇▇▇▇▇▇▇ refer the matter in writing to his immediate Supervisor or an OPAA representative on behalf Department Manager as appropriate. This shall constitute a formal grievance at Step No. l and shall be filed within ten (l0) working days of receipt of the verbal reply of the employee's immediate Supervisor or Department Manager as appropriate. The grievance shall contain a group statement of employees who have the same complaintfacts relied upon, indicate the relief sought, and be signed and dated by the employee. Such grievances must be dealt with at successive stages The Supervisor or Department Manager as appropriate shall answer the grievance in writing within ten (l0) working days. It is understood by the parties that the definition of Supervisor or Department Manager as appropriate in this Step is the first level of management. Step 2 Failing settlement of the grievance procedure commencing with at Step 1No. l, the employee may within five (5) working days of receiving the response of the Supervisor, refer the matter to the Department Manager or Vice-President as appropriate. The grievors shall be listed on Department Manager or Vice-President as appropriate will meet with the grievor and their ▇▇▇▇▇▇▇ within 10 working days of receipt of the grievance form.
12.06 A Policy grievance is defined as one which involves or at a question relating to the interpretation, application date/time mutually agreed upon. The Department Manager or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives VP (or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, designate) will respond within fourteen (14) calendar 5 working days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representativeafter such meeting. It is expressly understood by the parties that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and definition of Department Manager or Vice- President as appropriate in this Step is the regular grievance procedure shall not be thereby bypassedsecond level of management.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize A group grievance submitted by a group of employees or a policy grievance submitted by the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital Union or the Association Board may be initiated at Step of the grievance procedure. Written notice of the grievance shall not be required submitted to consider the Superintendent of Human Resources or process any grievance which arises out of any action or condition more than seven designate. Such notice shall be filed within five (75) calendar working days after the subject aware of such grievance occurredthe circumstances giving rise to the complaint and a meeting will take place within ten (10) working days. At no time may an employee The Superintendent of Human Resources or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee designate shall first give their immediate supervisor the opportunity of adjusting the employee’s complaintreply within five (5) days. If the complaint reply of the Superintendent of Human Resources or designate is not adjusted satisfactory, the Union may submit such grievance to arbitration as provided in Article of this Agreement. Should any difference arise between the Board and an employee as to the employee’s satisfaction within seven (7) calendar days interpretation, application, administration or alleged violation of being discussed with the immediate supervisorthis Agreement, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a an ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit effort to settle such difference without delay shall be made in the grievance in writing to their immediate supervisor within seven following sequence and manner. Step Within five (75) calendar working days of the supervisor's unsatisfactory reply. The grievance shall identify event which gave rise to the nature of the grievancedifference, the remedy soughtemployee, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may who shall be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed accompanied by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ ▇, shall discuss the complaint with the supervisor in the area. The supervisor in the area shall reply orally within five (5) working days of the discussion during which time the matter at issue will be discussed with the Manager of Facility Services or an OPAA representative on behalf of designate. A grievance alleging dissatisfaction with a group of employees who have the same complaint. Such grievances must job posting will be dealt with initiated at successive stages Step of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy provided such grievance is defined as one which involves a question relating to lodged with the interpretation, application Manager of Facility Services or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct designate within five (5) working days of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving event that gave rise to the complaint or grievance. Such policy In situations where there is no immediate supervisor, the complaint will go directly to Step Step Failing satisfaction, the employee shall, within five (5) working days of the reply of the immediate supervisor above, reduce the grievance to writing detailing the which is alleged to have been violated, and sign the grievance. The employee, accompanied by the ▇▇▇▇▇▇▇, or an appropriate Union official, shall submit the grievance to the appropriate manager or designate who, together with the appropriate supervisor, shall endeavour to settle the dispute and shall reply in writing within five (5) working days of discussion with the employee and the ▇▇▇▇▇▇▇. Step Failing satisfaction, then within five (5) working days after receipt of the reply of the appropriate manager or designate in Step above, the Union may submit the grievance to the Superintendent of Human Resources or designate, who shall meet with the griever accompanied by the Grievance Committee, within ten (10) working days of receipt of the grievance. A representative of the Canadian Union of Public Employees may be signed by an OPAA representative or, present at such meeting. The Superintendent of Human Resources or designate shall answer the grievance in writing within ten (10) working days of the meeting with the griever and the Grievance Committee. In case of a Hospital policy grievancegrievance alleging improper discharge of a seniority employee, the grievance may be initiated at Step of the grievance procedure provided such grievance is lodged with the Superintendent of Human Resources or designate within ten (10) working days of the said discharge. The Grievance Committee referred to in this Article will be as defined in Article The time limits provided for in each step of the grievance procedure shall be mandatory unless mutually agreed in writing to be extended. Such extension shall not be Local unreasonably withheld by either party. An employee initiating a grievance must be accompanied by an official or officials of the Hospital or their representativeUnion in any step of the grievance procedure where a meeting takes place between the Board officials and the griever. Nothing in this article precludes the parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The Agreement shall be made in writing and stipulate the name of the mediator and the time line for grievance mediation to occur. It is expressly understood agreed that the policy grievance process may not cost of mediation will be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedshared equally.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties Should a dispute between the Board and any employee 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 recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital has been violated, or the Association shall not be required to consider or process should any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may other dispute arise, an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the manner described in this Article, but any deviation from this procedure shall result in the forfeiture of all rights under this Article. Notwithstanding the above, an employee may attempt to resolve the dispute with the Supervisor of Caretakers (or an OPAA representative if desiredwhen applicable the Chief Caretaker, or Chief Engineer) prior to proceeding to Step of the grievance procedure. The aggrieved employee shall submit the grievance in writing to their immediate supervisor within seven (7) calendar days the Recording Secretary of the supervisorUnion. together with the Grievance Committee, shall seek to settle the dispute with the employee's unsatisfactory replySupervisor of Caretakers and Supervising Engineer. Failing satisfactory settlement within two days after the dispute is submitted under Step the Grievance Committee will submit to the Superintendent of Plant a written statement of the particulars of the and the redress sought. The grievance Superintendent of Plant Operations shall identify hold a meeting with the nature Grievance Committee within six (6) days after receipt of such notice and shall render decision. Failing satisfactory settlement after the dispute is submitted under Step the Grievance Committee within fifteen (15) days, submit to the Comptroller of Buildings and Plant a written statement of the grievanceparticulars of the complaint and redress sought. The Comptroller of Buildings and Plant shall hold a meeting with the Grievance Committee within fifteen (15) days after receipt of such notice and shall render decision in writing at that time. Failing agreement being reached in Step application shall be to the Board, or a Committee of the Board, in writing, the remedy soughtSuperintendent of Services of the Board, or designate, ten (10) prior to the next regular Board meeting, stating the grievance concerned, and should specify a hearing shall be granted at the provisions next regular meeting of the Agreement which are alleged Board or a Committee designated by the Board. Failing a satisfactory settlement within five days after the dispute is first discussed by the Board, or a Committee of the Board, the Union may, on giving fifteen (15) days' notice in writing to have been violatedthe Board or a Committee of the Board of its intention, refer the dispute to arbitration. Arbitration shall be as in the Labour Relations Act of Ontario as amended from time to time. Where a dispute involving a question of application or interpretation occurs, the Board and the Union may agree to bypass subsection Steps and of this Article. Grievances settled satisfactorily within the time allowed shall date from the time that the grievance was filed. The supervisor Board will deal with supply the necessary facilities for grievance meetings. The time limits fixed in both the grievance and will notify the grievor and the Association representative arbitration procedures may be extended by consent in writing of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days parties to this Agreement. At any stage of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreementarbitration procedure, the parties may extend have the time limits set out aboveassistance of the employee concerned and any other witnesses, and all reasonable arrangements will be made to permit the conferring parties or the arbitrator to have access to any part of the Board's premises to view any conditions which may be relevant to the settlement of the grievance.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The SECTION 1. It is the intent of the parties to this Agreement recognize to prevent grievances and to settle any which may occur as fairly and as promptly as practical. Therefore, it is agreed that there should be time limits between the stewards initiation of a grievance and its occurrence and between steps of the grievance procedure and the OPAA representatives specified time in Article 5 as which each answer must be given. The times indicated by these provisions may be extended only by written mutual agreement of the agents through which employees parties. If a time limit is not observed by the aggrieved Employee, the grievance shall process their grievances and receive settlement thereofbe considered settled in favor of management. If a time limit is not observed by management, the Employee may proceed to the next step.
a. SECTION 2. The Hospital FOP. the Employer, or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time Employee may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven fifteen (715) calendar days of being discussed said occurrence, as hereinafter defined, and shall be afforded the full protection of this Agreement.
SECTION 3. Any dispute between the Employer and the FOP. or any Employee concerning the interpretation of this Agreement, or any controversy, disciplinary action, dismissal or demotion of an Employee shall be adjusted in the following manner:
STEP 1. An Employee shall, and his/her employee counselor may, first discuss a grievance with his/her immediate supervisor in an attempt to reach a satisfactory solution. In this step, it is not mandatory that the grievance be written. The supervisors are encouraged to counsel with the immediate Employee and with their superiors in their review and handling of the situation. The supervisor's decision shall be orally made to the Employee and his/her employee counselor, if he/she has one, within five (5) calendar days.
STEP 2. If the grievance is not settled by the provisions of Step 1, it may shall be taken up as a grievance as set out below.
12.03 Step 1 The employee willsubmitted, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desiredin writing, submit the grievance in writing to their immediate supervisor within seven five (75) calendar days of the supervisor's unsatisfactory replyresponse to the Chief of Police for adjustment. The grievance Chief of Police shall identify submit his/her response, in writing, to the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing grievant within seven ten (710) calendar days following the date the grievance was presenteddays.
12.04 Step 2 STEP 3. If the grievance is not settled under by the provisions in Step 1, it may shall be filed with the Hospital at Step 2 submitted in writing within seven five (75) calendar days from the receipt of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision Chief's response in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.I.U.P.A.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 32 Both parties are encouraged to meet and resolve differences prior to initiating the 33 following grievance process. The nurse may be represented by the Association at any 34 step in the grievance procedure at the request of the nurse. Probationary nurses may 35 not grieve terminations. 2 Any grievance or dispute which may arise between the parties to this Agreement recognize regarding the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital loss 3 of any employment rights or benefits, or the Association application, meaning or interpretation of this 4 Agreement shall not be required settled as described below:
6 Step 1 The nurse shall take up the grievance or dispute with the nurse’s manager 7 by written notice within twenty-one (21) calendar days of its occurrence or 8 twenty-one (21) calendar days of when the nurse could reasonably be 9 expected to consider know of the occurrence, or process any the dispute shall be waived. The 10 manager shall meet with the nurse within fourteen (14) calendar days of 11 receipt of the grievance which arises out of any action or condition more than in an attempt to settle the matter. The manager 12 shall respond to the nurse within seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee13 meeting.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. 15 Step 2 If the complaint is grievance has not adjusted been settled at Step 1, or involves the involuntary 16 termination of a non-probationary nurse, it may be presented in writing to 17 the Chief Nurse Executive within fourteen (14) calendar days of the 18 response from the manager. The Chief Nurse Executive shall schedule to 19 meet with the grievant and the grievant’s representative within fourteen 20 (14) calendar days after the receipt of the grievance. Following this 21 meeting, the Chief Nurse Executive will respond within seven (7) calendar 22 days in writing to the employee’s satisfaction grievant with a copy to the Association 23 representative. Any Association grievances shall be introduced at this 24 step. An Association grievance must affect a class of nurses (i.e., 25 department, shift, classification) rather than an individual nurse.
27 Step 3 If the grievance has not been settled at Step 2, it may be presented in 28 writing to the Chief Operating Officer within fourteen (14) calendar days of 29 the response from the Chief Nurse Executive. The Chief Operating Officer 30 shall schedule to meet with the grievant and the Bargaining Unit 31 Grievance Committee and/or the Association representative within 32 fourteen (14) calendar days after receipt of the grievance. Following this 33 meeting, the Chief Operating Officer will respond within fourteen (14) 34 calendar days in writing to the Grievant with a copy to the chairperson of 35 the Grievance Committee.
2 Step 4 If the grievance is still unsettled, the Association may request arbitration 3 by written notice to the Hospital within thirty (30) calendar days of the 4 response from the Chief Executive Officer. 6 The Director of Human Resources may attend any scheduled grievance meeting 7 and generally will be involved in the grievance procedure as a resource to the Hospital 8 representatives. 10 These time limits may be extended by mutual agreement of the parties. 12 The arbitration proceeding shall be conducted by an arbitrator to be selected by 13 the Hospital and the Association within seven (7) calendar days of being discussed with after notice has been 14 given. If the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or parties fail to select an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievancearbitrator, the remedy sought, Federal Mediation and should specify Conciliation 15 Service shall be requested by either or both parties to provide a list of five (5) 16 arbitrators. Both the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor Hospital and the Association representative shall alternately strike names from the 17 list until one name is remaining. The remaining person shall be the arbitrator. 19 The decision of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may arbitrator shall be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by final and binding on the parties, and the 20 arbitrator shall be requested to discuss issue his or her decision within thirty (30) days after the grievance21 conclusion of testimony and arguments. 23 The arbitrator shall have no authority to add to, delete from, or otherwise modify 24 this Agreement or any portion thereof. 26 Expenses for the arbitrator’s services shall be borne by the losing party as 27 determined by the arbitrator. Each party shall be individually responsible for any 28 compensation to its own representatives and witnesses and any other expenses it 29 incurs, unless the parties mutually agree to share such other expenses. If either party 30 desires a reported record of the proceedings, it shall pay the cost of the copy. The Hospital other 31 party shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as receive a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages copy of the grievance procedure commencing with Step 1. The grievors shall be listed on transcript upon paying one-half the grievance form.
12.06 A Policy grievance is defined as one which involves court reporter’s fee 32 for providing a question relating transcript to each party and to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedarbitrator.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties Board acknowledges the right of the Union to this Agreement recognize appoint or otherwise select a Grievance Committee of three (3) members, who shall be employees of the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. Board. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject personnel of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee Committee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted be communicated to the employee’s satisfaction within seven (7) calendar days Board. Should a dispute arise between the Board and any regarding the interpretation, meaning, operation, or application of being discussed with this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 dispute in the following manner: Step 1 The I Any employee will, accompanied by a their ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days a member of the supervisor's unsatisfactory reply. The grievance shall identify Grievance Committee may, provided it is done within the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within first fourteen (14) calendar days worked by such an employee immediately following the occurrences of the circumstances giving rise to the Grievance, attempt to settle the dispute with the employee's immediate supervisor. Step Failing satisfactory settlement within five (5) days worked, after the dispute was submitted under Step the concerned, together with the Grievance Committee, and a representative of the Union, will submit to the Director, Corporate Services a written statement of the particulars of the complaint and the redress sought. The Director, Corporate Services shall declare a position and render decision within ten (10) working days after receipt of such notice. Step Step Failing agreement being reached in Step application shall be made to the Board of Education in writing through the Secretary- Treasurer stating the grievance concerned and a hearing shall be granted to the grievance committee and the union representative not later than O days following receipt of the application. Failing satisfactory five (5) working days after the dispute was first discussed with the Board, the union may advance the grievance to arbitration provided they notify the employer in writing thirty (30) calendar days from the employers Step response. Where a dispute between the Parties involving a question, application, interpretation, suspension or grievance. Such policy grievance shall discharge occurs, such grievances are to be signed by an OPAA representative or, two (2) unit officers or grievance committee members and shall be submitted at Step of the grievance procedure. Replies to grievances shall be in writing at all stages. Grievances settled satisfactorily within the case time allowed shall date from the time of a Hospital policy grievance, by the Hospital or their representativeincident. It is expressly understood that the policy grievance process may Employees who have not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall not be treated as eligible for redress through the grievance procedure in the event of discharge. The Board will supply the necessary accommodation for the grievance meetings. Should the employer or the union fail to state its answer or decision on a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend any stage within the time limits set out abovein this Article, or otherwise agreed upon, then the grievance shall be awarded to the other party.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 A grievance is defined as a condition that exists as a result of an unsatisfactory adjustment or failure to adjust a claim or dispute by an employee or employee's relative to the application or interpretation of the Rules and Regulations of the Classified Service, Departmental Rules and Regulations, Memorandum of Understanding, established policies and procedures of the City or department (whether written or oral) or, a dispute or disagreement as to the facts pertaining to a disciplinary matter. The parties means, manner, method or merit of any service or activity provided by law or executive order; collective issues of salary, fringe benefits, or working condition subject to this Agreement recognize the stewards meeting and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association conferring; any disciplinary action shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the a subject of such the grievance occurredprocedure. At no time may an employee or group of employees file All grievances shall be processed in accordance with the following procedure:
Step 1: No matter shall be considered a grievance on behalf of another employee.
b. It until it is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The orally by the employee will, accompanied by a and/or the ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit with the grievance in writing to their immediate supervisor within seven thirty (730) calendar days of the supervisor's unsatisfactory replyincident/event or direct knowledge of the incident/event. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a employee and/or ▇▇▇▇▇▇▇ will meet with the immediate supervisor in an attempt to settle the matter, and the immediate supervisor shall render a written decision within five (5) business days.
Step 2: If any such grievance or complaint is not settled by the procedure described above, it shall within five (5) business days be set forth in writing by the Union and submitted to the Division Head. Within ten (10) business days thereafter, there shall be a meeting between the aggrieved employee, the Union ▇▇▇▇▇▇▇ and the Division Head in an OPAA representative attempt to settle the matter. Within five (5) business days following such meeting, the employer shall give a written reply to the Union and aggrieved employee.
Step 3: If any such grievance or complaint is not settled by the procedure described above, it shall within ten (10) business days be set forth in writing by the Union and submitted to the Department Head. Within ten (10) business days thereafter, there shall be a meeting between the Union ▇▇▇▇▇▇▇ and the Department Head in an attempt to settle the matter. Within five (5) business days following such meeting, the Employer shall give a written reply to the grievance.
Step 4: If any such grievance or complaint is not settled by the procedure described above, it shall within five (5) business days be set forth in writing by the Union and submitted
Step 5: If any such grievance has not been settled by the procedure described above, the grievance may within five (5) business days be submitted to the Personnel Board, if eligible, as an appeal, or if both parties agree, the matter shall be submitted to fact finding.
Step 6: Within five (5) business days following such request, the Employer, the Union ▇▇▇▇▇▇▇ and the Union Business Agent shall agree on behalf a fact finder and arrange for the time and place of fact finding. In case of disagreement on a group of employees who have fact finder, application shall be made to the same complaintState Mediation and Conciliation Service. Such grievances must be dealt with at successive stages The Employer and the Union shall each pay one-half (1/2) of the grievance procedure commencing with Step 1. The grievors shall be listed on costs of fact finding, including the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct fees of the Associationfact finder and other expenses of the fact finding proceedings, its representatives but not including compensation or stewards. A policy grievance shall be originated at Step 2cost of representation, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint advocacy or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedwitness for either party.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Memorandum of Understanding
GRIEVANCE PROCEDURE. 12.01 Purpose: Lake Pend Oreille School District No. 84 is a large and diverse school system. We can and do expect misunderstandings and misinterpretations to arise from time to time. We believe that each employee needs to have a means to have his/her concerns and feelings heard within the organization. Our success depends upon each employee performing his/her duties and responsibilities in such a manner as to exceed minimum requirements for the position.
1. When an employee has a conflict or disagreement about the interpretation or application of Board Policy/Procedure, the Negotiated Agreement, or other matters of concern, the employee should request a meeting with his/her immediate supervisor. The parties employee may invite a third party to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofmeeting.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint2. If the complaint matter is not adjusted resolved at that meeting, the employee should contact the Superintendent and/or LPOEA President for assistance with the issue. If the matter is not resolved for the employee at this level the matter will be given to an informal review panel.
3. The informal panel shall be composed of a principal/supervisor from a different building, a representative of the LPOEA, and a teacher from either the same building or a like grade level. If the matter is not resolved at this level then an official grievance may be filed. Within five (5) workdays, the panel shall establish a hearing date. At the hearing, all evidence either party wishes to present shall be heard. Said hearing date may be continued by the panel if the employee requests a continuance in writing prior to the said hearing date. The panel shall submit its recommendation in writing within ten (10) work days following completion of the review of the grievance to the employee’s satisfaction within seven (7) calendar days , his/her advocate, the Superintendent and the Board of being discussed with Trustees. The panel may extend the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit time of the grievance review decision up to fifteen (15) additional workdays if the parties are notified in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replywriting. The grievance Board shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the render a final decision in writing within seven ten (710) calendar days following workdays after receiving the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been madepanel’s recommendation. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetinggrievant may also submit written materials for final Board review.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Negotiated Agreement
GRIEVANCE PROCEDURE. 12.01 9.01 The parties purpose of this Article is to establish a procedure for the settlement of grievances.
9.02 An employee who has a complaint relating to the interpretation, application, administration or alleged violation of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their discuss his complaint with his immediate supervisor outside the opportunity of adjusting the employee’s complaintbargaining unit. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it Such employee may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a his ▇▇▇▇▇▇▇ ▇, if he desires. Such a complaint shall be brought to the attention of the excluded supervisor within ten (10) calendar days of the incident giving rise to the complaint. The excluded supervisor shall state his decision verbally within five (5) calendar days of receiving the complaint.
Step 1 Should the employee be dissatisfied with the supervisor’s disposition of the complaint, and if the complaint related to the interpretation, application, and administration or an OPAA representative if desiredalleged violated of this Agreement, submit he may, with the assistance of his ▇▇▇▇▇▇▇, refer such matter on a written grievance form supplied by the Union. The written grievance shall be submitted to the supervisor within five (5) calendar days of the verbal response. Such grievance shall contain a brief statement of facts and indicate the relief sought. The supervisor shall answer the grievance in writing within five (5) calendar days of receipt of the written grievance.
Step 2 Should the employee be dissatisfied with the supervisor’s disposition of the grievance at Step 1, the grievance may be referred to their immediate supervisor the Library Director or his designate within seven five (75) calendar days of the supervisor's unsatisfactory reply’s response. The grievance Library Director or his designate shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with answer the grievance and will notify the grievor and the Association representative of the decision in writing within seven five (75) calendar days following the date the grievance was presented.
12.04 Step 2 days. If the grievance is not settled under at Step 12, it may be filed with referred to arbitration as hereinafter provided.
9.03 The Union or the Hospital Employer may initiate a policy grievance beginning at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewardsprocedure. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following defined as a grievance by one of the circumstances giving rise parties to the complaint Agreement arising out of the interpretation, administration or grievance. Such policy grievance shall alleged violation of any of the express terms of this Agreement but excluding subject matter which can be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim presented by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a in an individual grievance. Such grievance shall be originated at filed within ten (10) calendar days of the incident giving rise to the complaint and be in the form prescribed in Step 21.
12.08 By 9.04 Any grievance concerning or affecting a group of employees shall be originated under Step 2 of the grievance procedure.
9.05 Any time limit for filing of a grievance must be followed, but may be extended by mutual agreement, the parties may extend written consent. Failure by any party to file within the time limits set out abovespecified will deem the grievance abandoned.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 (a) The parties agree that the grievance procedure is intended to this Agreement recognize bring resolution to differences arising from the stewards application of the collective agreement. Should a dispute arise between the Board and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital any employee or the Association shall not be required Union regarding the interpretation, operation or application of this agreement, including any question as to consider whether a matter is arbitrable, or process where an allegation is made that this agreement has been violated, or should any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may other dispute arise, an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ effort shall be made to resolve the dispute in the following manner without work stoppage.
STEP 1 The aggrieved employee shall discuss the complaint with the immediate supervisor, with or without a representative of the Union present. Failure to follow this step shall not result in a technical objection denying the complaint.
STEP 2 Failing satisfactory settlement under Step 1, an OPAA representative if desiredemployee who wishes to file a grievance must, submit the grievance in writing to their immediate supervisor within seven thirty (730) calendar days of the supervisor's unsatisfactory replydate when the employee became aware of the incident which is the subject of the complaint, provide the Union with a written statement of the particulars and redress sought.
STEP 3 Formal written grievances shall be submitted to the Superintendent of Schools by the Union within forty-five (45) calendar days of receipt of the complaint. The written grievance shall identify outline the nature particulars of the complaint and the redress sought. Prior to submitting a grievance, the remedy sought, and should specify Union will request a meeting with the provisions of the Agreement which are alleged to have been violatedEmployer. The supervisor Employer will deal arrange a meeting with the grievance DU administrator, the Union and will notify other persons deemed essential by either party to resolve the grievor and the Association representative dispute.
STEP 4 The Superintendent of the decision in writing within seven Schools shall have fourteen (714) calendar days following the date receipt of the grievance was presentedto render to the Union a written decision on the grievance with reasons for that decision.
12.04 Step 2 If the grievance is not settled under Step 1, it STEP 5 The parties may be filed with the Hospital at Step 2 within seven mutually agree to non-binding mediation:
(7a) calendar days After receipt of the decision of the Superintendent of Schools, under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 14 above, within fourteen (14) calendar days following either party may request that a Mediator be appointed to meet with the circumstances giving rise parties, investigate and define the issues in dispute and facilitate a resolution.
(b) The Mediator shall be appointed by mutual agreement between the parties.
(c) The purpose of the Mediator’s involvement in the grievance process is to assist the parties in reaching a resolution of the dispute, and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged. During the proceedings, the parties shall fully disclose all materials and information relevant to the complaint or grievance. Such policy grievance issue(s) in dispute.
(d) The expenses of the Mediator shall be signed equally borne by an OPAA representative orboth parties.
(e) The grievance may be resolved by mutual agreement between the parties. Within fourteen (14) calendar days of first meeting the parties, having considered the issue(s) in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves dispute and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge terms of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual collective agreement, the parties may extend the time limits set out aboveMediator shall issue a report including non-binding recommendations.
STEP 6 Failing satisfactory settlement under Step 4 and/or Step 5, either party may, within fourteen
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to 6.1 For purposes of this Agreement, any dispute between the City and the Union or between the City and any employee concerning the interpretation, application, claim of breach or violation of the express terms of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereofbe deemed a contract grievance.
a. The Hospital or 6.2 A contract grievance in the Association interest of a majority of the employees in the bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the contract grievance procedure and be processed within the time limits set forth herein. Removal of an employee from a list on which the employee has provisional placement pursuant to Section 15.15 of Article 15 shall not be required a proper subject for this grievance procedure. Removal for a newly hired employee under the terms of that provision shall be deemed a termination of employment and shall also not be a subject for this grievance procedure.
6.3 Because it is mutually beneficial to consider or process any grievance which arises out resolve disputes at the lowest possible level, thereby avoiding the filing of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may grievances, employees and their shop stewards are encouraged to discuss issues with an employee or group of employees file immediate supervisor in a timely manner prior to filing a grievance on behalf of another employeehereunder, but in no event does this informal discussion extend the time limits for filing a grievance set forth in Section 6.4, Step 1.
b. It is understood that an employee 6.4 A contract grievance shall first give their immediate supervisor be processed in accordance with the opportunity of adjusting following procedure: Step 1 A contract grievance shall be presented in writing by the employee’s complaint. If the complaint is not adjusted Union Representative to the employeeAdmissions Personnel Supervisor or his/her designee andor the Seattle Center Director’s satisfaction designee within seven fifteen (715) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar business days of the supervisor's unsatisfactory replyalleged contract violation. The written grievance shall include: 1) a description of the facts and circumstances of the grievance, 2) identification of the Section(s) of the Agreement allegedly violated, and 3) the proposed remedy. The Admissions Personnel Supervisor, his/her designee and/or the Seattle Center Director’s designee shall consult and/or arrange a meeting within five (5) business days with the Union Representative to resolve the contract grievance. The parties shall make every effort to settle the contract grievance at this stage promptly. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision be answered in writing within seven ten (710) calendar business days following after discussion of the date the alleged contract grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetingUnion Representative.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize If a difference arises between: the stewards Employer and an or the Employer and the OPAA representatives specified in Article 5 as Union concerningthe interpretation, application, operation or any alleged violation of the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital Agreement, the the Union or the Association Employer shall not be required have the right to consider or process any grievance which arises out file a grievance. Nothing in this provision deprives employees of any action rights or condition more than seven (7) calendar days after remedies to which they are entitled in any legislation includingthe transfer legislation. Grievancesinvolvingthe interpretation, application, operation or any alleged violation of the subject Agreement must have the approval and support of such the bargaining agent. This grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint procedure is not adjusted intended to preclude any consultation process between the employee’s satisfaction employees, their Union and Management which will normally occur in the process of resolving problems. Where this level of consultation occurs, the time limits in Stage will be extended by the appropriatenumber of days. The following procedure will be used for the resolution of differencesreferred to in clause Stage Prior to submitting a written grievance, and within seven ten (710) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory replymatter giving rise to the difference,or within ten (10) days, of the employee becoming aware of the matter giving rise to the difference,the employee will first try and resolve the difference by speakingwith the Managing Director. The grievance shall identify Managing Director will respond verbally to the nature issue within ten (10) days of the grievancemeeting with the employee. In calculating the ten (10) day period referred to above only days during which the employee is actively at work shallbe counted. Where an employee commences a leave period during the ten (10) day period, the remedy sought, and should specify the provisions calculation of the Agreement time in which are alleged the employee has to file the grievance will be suspended. Upon return to work the employee shall have been violatedthe balance of the ten (10) day period as calculated above in which to file the grievance. The supervisor Managing Director will deal with the grievance and will notify the grievor document grievances resolved at Stage specifyingthe contractclause involved and the Association representative of agreed upon remedy. A copy will be distributed to the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 Union. Stage If the grievance is not settled under Step 1to the employee's satisfaction at Stage then, it within ten (10) days after the expiry of time limits set out in Stage the employee may be filed with submit a written grievance to the Hospital at Step 2 within seven Managing Director, includingthe redress requested. Within ten (710) calendar days of the decision receipt of the grievance, the Managing Director shall give written response delivered confidentially to the employee and the Union representative. If the grievance is not satisfactorilysettled under Step 1 or Stage then the grievance may be referred to arbitration, within seven twenty (720) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days expiry of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out abovein Stage The time limits set out in the Grievance and Arbitration procedures are mandatory and not directory. In calculating all time limits, Saturdays, Sundays, and holidays shall be excluded. If the time limits set out in clauses and are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits. If the Employer fails to meet a time limit, the Union, at its option, may either advance the grievance to the next stage or await the Employer's response in which case no time limit shall run against the Union until it has received the Employer's response. Employees shall have the right to be represented at any stage of the grievanceprocess. The and the Union representative shall be given leave with pay to attend such meetings. The Union shall be given full opportunity to present evidence and make representations throughout the grievance procedure.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 17.1 A grievance shall be defined as an issue raised relating to the interpretation, application or violation of any terms or provisions of this Agreement.
17.2 The parties employee and/or the Guild shall make a good faith attempt to this resolve any potential contract violation at the lowest possible level before it becomes a formal grievance.
Step 1. If the situation cannot be resolved informally, the Guild may submit a grievance to the attention of the Bureau Chief within twenty-one (21) calendar days from the occurrence or knowledge of the occurrence, but in no event more than sixty (60) calendar days from date of the occurrence. Such grievance shall be presented in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement recognize the stewards allegedly violated, and the OPAA representatives specified in Article 5 as the agents through which employees relief requested. The Bureau Chief shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than have seven (7) calendar days after to make a good faith effort to resolve the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employeeissue.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaintStep 2. If the complaint grievance is not adjusted to the employee’s satisfaction unresolved within seven (7) calendar days of being discussed with following its submission at Step 1, the immediate supervisorGuild may, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desiredwithin fourteen (14) additional calendar days, submit the grievance in writing to their immediate supervisor the attention of the Sheriff or his/her designee. Upon receipt of the grievance the Sheriff or designee shall schedule a meeting within seven fourteen (714) calendar days with all parties for the purpose of the supervisor's unsatisfactory reply. The grievance shall identify the nature of considering the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated.
Step 3. The supervisor will deal with If the grievance and will notify the grievor and the Association representative of the decision in writing is not resolved within seven (7) calendar days following the date meeting with the Sheriff or his/her designee, the Guild may advance disciplinary matters directly to arbitration with written notice to the Sheriff pursuant to Step 4 as if the County Executive had denied the grievance. If the unresolved grievance was presentedis not a disciplinary matter, a meeting shall be scheduled to appear before the County Executive or duly appointed representative within fourteen (14) additional calendar days. The County Executive or representative shall deliver the Employer’s answer to the Guild within fourteen (14) calendar days.
12.04 Step 2 4. If the grievance is not settled under Step 1resolved by the County Executive’s answer, it the Guild may be filed with refer the Hospital at Step 2 matter to arbitration by written notification to the Sheriff within twenty-one (21) calendar days from receipt of the County Executive’s answer. If the Employer and the Guild are unable to agree upon an arbitrator within seven (7) calendar days after receipt by the Employer of the decision under Step 1 or within demand for arbitration, the Guild may request a list of seven (7) calendar days arbitrators from the Public Employment Relations Commission (PERC). After receipt of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by same the parties, if unable to discuss agree upon an arbitrator shall alternately strike the grievance. The Hospital names of the arbitrators until only one (1) name remains, who shall, upon hearing the dispute, render a decision which shall notify the grievor be final and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetingbinding upon all parties.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have 17.2.1 The timelines for the same complaint. Such grievances must be dealt with employer to respond at successive stages each level of the grievance procedure commencing shall start with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct completion of the Associationcorresponding grievance hearing. If the employer fails to provide a response within the timeline provided or there is not an advance mutual agreement to extend the timeline for a specific period of time, its representatives or stewards. A policy the grievance shall be originated considered denied based on the stated timelines above.
17.3 Nothing herein shall prevent an employee from seeking assistance of the Guild or the Guild from furnishing such assistance at Step 2, bypassing Step 1, within fourteen (14) calendar days following any stage of the circumstances giving rise to grievance procedure.
17.4 The expenses of the complaint or grievance. Such policy grievance arbitrator shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, paid by the Hospital or their representativelosing party, as designated by the arbitrator. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure Each party shall not be thereby bypassedpay its own costs of representation.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The
8.01 It is the mutual desire of the parties hereto that any complaint or grievance arising between an employee and the Company with respect to the application, interpretation or alleged violation of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 shall be adjusted as the agents through which employees shall process their grievances and receive settlement thereofquickly as possible.
a. The Hospital 8.02 It is generally understood that an employee has no grievance until he, either directly or through the Association Union, has first given his immediate Supervisor an opportunity to adjust the complaint.
8.03 If an employee has a complaint he shall not be required to consider or process any grievance which arises out of any action or condition more than discuss it with his immediate Supervisor within seven (7) calendar days after the subject of such grievance circumstances giving rise to the complaint have occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee The Supervisor shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven have five (75) calendar days of being discussed with to respond to the immediate supervisor, complaint and failing settlement; it may be taken up as a grievance as set out below.
12.03 Step within two (2) calendar days of the Supervisor's decision. STEP NO. 1 The employee will, accompanied by a grievance shall be submitted in writing to the Manager or his designate either directly or through the Union. The Plant Superintendent or his designate shall meet with the employee's Union ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven three (73) calendar days of the supervisor's unsatisfactory replyreceipt of the grievance in an attempt to resolve the grievance. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violatedgrievor may be present at this meeting if requested by either party. The supervisor will deal with Plant Superintendent or his designate shall, within a further three (3) calendar days, give his written answer to the grievance and will notify to the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step Union. STEP NO. 2 If the grievance is not settled under remains unsettled at the conclusion of Step No. 1, it the grievance may be filed with submitted by the Hospital at Step 2 Union within seven three (73) calendar days to the Manager of Human Resources or his designate, who shall within six (6) calendar days hold a meeting between the Union Grievance Committee and the appropriate representatives of Management, in a final attempt to resolve the grievance. A staff representative of the Union and the grievor may be present at this meeting if requested by either party. The Operations Manager or his designate shall within three (3) calendar days give his decision in writing to the Union. The time limits, as provided in this article, may be extended by mutual agreement in writing, which will be dated and signed by the parties hereto.
8.04 Failing settlement under the foregoing procedure of any dispute between the parties arising from the interpretation or alleged violation of this agreement, such dispute may be submitted to arbitration as set forth in Article 10. If no written request for arbitration is received within thirty (30) calendar days after the decision under Step 1 No. 2 is given, it shall be deemed to be settled.
8.05 The Union shall have the right to initiate a Group Grievance or a Union Policy Grievance within seven ten (710) calendar days of the day this decision incident, at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages Two of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance formprocedure.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The 8.01 It is the mutual desire of the parties hereto that any complaint or grievance arising between an employee and the Company with respect to the application, interpretation or alleged violation of this Agreement recognize the stewards and the OPAA representatives specified in Article 5 shall be adjusted as the agents through which employees shall process their grievances and receive settlement thereofquickly as possible.
a. The Hospital 8.02 It is generally understood that an employee has no grievance until he, either directly or through the Association Union, has first given his immediate Supervisor an opportunity to adjust the complaint.
8.03 If an employee has a complaint he shall not be required to consider or process any grievance which arises out of any action or condition more than discuss it with his immediate Supervisor within seven (7) calendar days after the subject of such grievance circumstances giving rise to the complaint have occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee The Supervisor shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven have five (75) calendar days of being discussed with to respond to the immediate supervisor, complaint and failing settlement; it may be taken up as a grievance as set out below.
12.03 Step within two (2) calendar days of the Supervisor's decision. STEP NO. 1 The employee will, accompanied by a grievance shall be submitted in writing to the Plant Superintendent or his designate either directly or through the Union. The Plant Superintendent or his designate shall meet with the employee's Union ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven three (73) calendar days of the supervisor's unsatisfactory replyreceipt of the grievance in an attempt to resolve the grievance. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violatedgrievor may be present at this meeting if requested by either party. The supervisor will deal with Plant Superintendent or his designate shall, within a further three (3) calendar days, give his written answer to the grievance and will notify to the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step Union. STEP NO. 2 If the grievance is not settled under remains unsettled at the conclusion of Step No. 1, it the grievance may be filed with submitted by the Hospital at Step 2 Union within seven three (73) calendar days to the Operations Manager or his designate, who shall within six (6) calendar days hold a meeting between the Union Grievance Committee and the appropriate representatives of Management, in a final attempt to resolve the grievance. A staff representative of the Union and the grievor may be present at this meeting if requested by either party. The Operations Manager or his designate shall within three (3) calendar days give his decision in writing to the Union. The time limits, as provided in this article, may be extended by mutual agreement in writing which will be dated and signed by the parties hereto.
8.04 Failing settlement under the foregoing procedure of any dispute between the parties arising from the interpretation or alleged violation of this agreement, such dispute may be submitted to arbitration as set forth in Article 10. If no written request for arbitration is received within thirty (30) calendar days after the decision under Step 1 No. 2 is given, it shall be deemed to be settled.
8.05 The Union shall have the right to initiate a Group Grievance or a Union Policy Grievance within seven ten (710) calendar days of the day this decision incident, at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages Two of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance formprocedure.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to All questions, disputes and controversies arising under this Agreement recognize or any supplement hereto shall be adjusted and settled within the stewards terms and conditions as set forth in this Agreement in the OPAA representatives specified manner provided by this Article, unless otherwise expressly provided in Article 5 this Agreement. The procedure for and settlement shall be as the agents through which employees shall process their grievances and receive settlement thereof.follows:
a. The Hospital or the Association shall not be required to consider or process any step 1: Any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall be first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the taken up between such employee and his immediate supervisor. However, it may such employee will be taken up as a grievance as set out below.
12.03 Step 1 The employee will, entitled to be accompanied by a Shop ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing a Union representative.
a) Time limit to their immediate supervisor within seven institute grievance: termination or lay-off five (75) calendar days of all others ten (10) calendar days If the supervisor's unsatisfactory reply. The grievance shall identify Company or Union do not respond within thirty (30) days after the nature of the grievanceGrievance was instituted, the remedy sought, and should specify Company or Union will forfeit the provisions of the Agreement which Grievance unless time limits set out in this Section are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association waived by mutual agreement.
Step 2: Failing settlement under Step such be taken between representative of the decision in writing within seven (7) calendar days following Local Union and the date the grievance was presentedimmediate supervisor.
12.04 Step 2 If 3: Failing settlement under the grievance is not settled under Step 1above Steps, it may the matter will be filed referred to an agreed-upon neutral person to act as an arbitrator, who will meet with the Hospital at Step 2 within seven (7) calendar days Parties to hear both sides of the decision under Step 1 or within seven (7) calendar days case. Failing to agree upon a neutral person, the Department of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, Labour will be requested to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meetingappoint a neutral arbitrator.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. a) The grievors Arbitrator shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, hand down his decision within fourteen (14) calendar days following completion of the circumstances giving rise Hearing and his decision shall be final and binding on the two Parties to the complaint or grievancedispute. Such policy grievance The cost of the Arbitrator will be borne equally by the Union and the Company.
Section I- Seniority Seniority shall be signed by maintained in the reduction and restoration of the working force, providing the senior employee is capable of performing the remaining job or jobs. a) new jobs or vacancies are subject to seniority and shall be posted in a conspicuous place according to Article Section for seven (7) days for bids, except where a job or shift has been discontinued. shall state the rate of pay. Copies of and awards to be forwarded to the Union. If an OPAA representative oremployee who successfully bids into a classification has not properly performed the job to the satisfaction of the Company, the employee will be returned to his former position within the first thirty (30) calendar days. Once an employee has successfully bid into a classification, he shall not be able to bid on another vacancy for a period of six (6) months. The only exception to this shall be a part-time employee bidding on a full-time vacancy. In the event that a Part-time employee becomes a Full-time employee, his seniority as a Teamsters Local Union Page Collective Agreement Sourdough Markets except for the purposes of determining relative seniority in the case of a Hospital policy grievancelay off, by in which case the Hospital or employee’s Company seniority shall apply. Students will be considered Part-time employees for the purpose of their representativeseniority. It is expressly understood that Merit, fitness and ability being equal, length of continuous service with the policy grievance process may Company shall govern in cases of promotion to Assistant Manager. The Company agrees to act in good agrees not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure any manner. agreed shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not dischargesole judge as to an employee’s merit, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2fitness and ability.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties Step 1 A grievance must be presented in writing to this Agreement recognize the stewards Human Resources Director or designee within twenty-one (21) calendar days from the time the employee knew or should have known of the occurrence giving rise to the grievance. If a nurse presents a grievance hereunder, the grievance shall include, to the best of the nurse’s understanding, a description of the problem and the OPAA representatives specified in Article 5 as contract provisions thought to be violated. A grievance relating to pay shall be timely if received by the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital Medical Center within twenty-one (21) calendar days after the employee knew or should have known of the Association shall not payroll error. In the event of an issue concerning a discharge, the issue must be required to consider or process any grievance which arises out of any action or condition more than presented within seven (7) calendar days after the subject of such grievance occurredfollowing termination. At no time may an employee The immediate supervisor’s or group of employees file a grievance on behalf of another employee.
b. It designee’s written reply is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction due within seven (7) calendar days of being discussed with such presentation. A Step 1 meeting may be held within fourteen (14) calendar days following the filing of the grievance, in which case the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ 's or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor designee's written reply is due within seven (7) calendar days after this meeting.
Step 2 If not resolved at Step 1, the issue may thereafter be presented in writing to the appropriate department/division head or his/her designee within ten (10) calendar days from receipt of the supervisor's unsatisfactory reply’s reply of the date such reply was due in Step
1. The grievance department/division head or designee shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal then meet within fourteen (14) calendar days with the grievance nurse and will notify the grievor and the Association a representative of the decision Association, if the nurse so desires, to resolve the matter, and shall reply in writing within seven (7) calendar days following after the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated 3 If not resolved at Step 2, bypassing the grievance may thereafter be presented in writing to the Regional Vice President of Patient Care Services or his/her designee for consideration and determination within ten (10) calendar days after receipt of the department/division head’s response or if the department/division head’s response is not received within that period, within ten (10) calendar days after the expiration of time allotted in Step 1, 2 for the department/division head’s response. The Regional Vice President of Patient Care Services or designee shall meet within fourteen (14) calendar days following with the circumstances giving rise nurse and a representative of the Association to resolve the complaint or grievance. Such policy grievance matter and shall be signed by an OPAA representative or, reply in writing within ten (10) calendar days after the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedmeeting.
12.07 The release or discharge of a probationary employee shall Step 4 If the grievance is not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated resolved at Step 2.
12.08 By mutual agreement3, the parties Association may extend thereafter present it to an impartial arbitrator for determination by giving the time limits set out aboveMedical Center written notice within twenty-one (21) calendar days after receipt of the Step 3 reply of the Association’s intent to refer the matter to arbitration.
Appears in 1 contract
Sources: Professional Services
GRIEVANCE PROCEDURE. 12.01 The It is the mutual desire of the parties to this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which hereto that complaints of employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredadjusted as quickly as possible. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood Both parties, therefore, recognise that an employee shall first give their having a complaint should inform his immediate supervisor verbally as quickly as possible and attempt to resolve the problem. In the event that the supervisor is unable to resolve the problem, the employee should not consider that he has a grievance until he has given his Section Head an opportunity of adjusting the employee’s to adjust his complaint. If the such complaint or grievance is not adjusted settled to the employee’s satisfaction of the employee concerned within seven (7) calendar days of being discussed with the immediate supervisor, it twenty-four hours or within any longer period which may be taken up as a grievance as set out below.mutually agreed upon, the employee may then invoke the following progressive steps of the Grievance Procedure:
12.03 Step 1 The An employee willshall submit his grievance, accompanied by in writing, through a Union ▇▇▇▇▇▇▇ or an OPAA representative if desiredto his Branch Head, within seven full work days after the grievance arises. Within five work days, after receiving the grievance, the Branch Head shall hold a hearing and, within ten calendar days after the holding of the said hearing, he shall advise his decision, in writing, to the employee concerned and to the Union ▇▇▇▇▇▇▇.
Step 2 Should the employee and/or the Union consider that a just settlement has not been found they may, within five calendar days from the date the decision was rendered in Step submit the grievance in writing to their immediate supervisor Vice President and General Manager Canada. Vice President and General Manager Canada or in his absence another member of the Canadian Senior Staff shall hold a hearing with the employee and the Union Committee within seven (7) five calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature following receipt of the grievance. Within ten calendar days thereafter Vice President and General Manager Canada, or in his absence the remedy soughtdesignated Senior Staff Member, and should specify shall advise the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the Company’s final decision in writing within seven (7) calendar days following to the date employee concerned and the grievance was presented.
12.04 Step 2 Union. General 1 If the grievance is decisions as announced by British Airways’ officials under the Grievance Procedure, Article are not settled under Step 1appealed within the time limits prescribed herein, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or of British Airways’ officials shall become final and binding. If the Company fails to make a decision within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filingtime prescribed, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievanceconceded. Such policy grievance shall Time limits may be signed extended by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By written mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The 8.01 For the purpose of this Agreement, a grievance is defined as any difference between the Company and the Association and/or those parties to on whose behalf this Agreement recognize was entered into, concerning the stewards interpretation, application, administration, or alleged violation of the Agreement.
8.02 If an employee feels he has suffered a grievance, he shall report the grievance in the manner provided herein. Pending possible settlement, the employee shall meanwhile perform the duties assigned by the Company if the Company so requests, otherwise, the Company may suspend the employee pending investigation.
(a) The Company will notify the Shop ▇▇▇▇▇▇▇ and the OPAA representatives specified individual(s) involved in Article 5 the occurrence as soon as possible after the agents through which employees shall process their grievances and receive settlement thereofinvestigation is completed if disciplinary action is contemplated.
a. The Hospital (b) Prior to disciplinary or discharge action, the Association shall not be required Company agrees to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed meet with the immediate supervisoremployee to discuss the matter. Any employee involved in any discussion with Management in which discipline may result, it may be taken up as shall have the right to have a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a Shop ▇▇▇▇▇▇▇ or designate present. Failure of a Shop ▇▇▇▇▇▇▇ or designate to be present will not void the discipline and will not be the subject of a grievance. However, an OPAA representative employee who feels he has been unjustly disciplined or discharged may file a grievance at Step 2.
(c) Where disciplinary or discharge action is considered necessary, such action will take place within ten (10) calendar days following the meeting the Company and the employee as per 8:03 (b) above.
8.04 Grievances of a policy nature may be initiated by the Association or the Company at Step 2.
8.05 Step 1: An employee who has a complaint shall first bring the issue verbally to the attention of the Maintenance Manager either alone or with his Shop ▇▇▇▇▇▇▇ if desired, submit the grievance in writing to their immediate supervisor he so desires. Such complaint must be presented within seven five (75) calendar days of the supervisor's unsatisfactory replyoccurrence or when the grievor should have reasonably become aware of the occurrence. The grievance Maintenance Manager shall identify meet with the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged Shop ▇▇▇▇▇▇▇ at his base within five (5) calendar days to have been violated. The supervisor will deal with discuss the grievance and will notify the grievor and the Association representative of the shall render his decision in writing within seven (7) calendar days following the date the grievance was presentedthereafter.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassed.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties 9.01 It is agreed that it is the spirit and intent of the Agreement to adjust employee or employer grievances promptly. Should a dispute arise between the Board and any employee or the Union regarding the interpretation, meaning, operations or application of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement recognize the stewards and the OPAA representatives specified in Article 5 as the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital has been violated, or the Association shall not be required to consider or process should any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurred. At no time may other dispute arise, an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ effort shall be made to settle the dispute in the manner outlined in this Article. Disputes shall be dealt with so far as possible by discussion between the individuals directly affected. If a satisfactory solution of a dispute cannot be reached at this level, the dispute shall become a grievance and such grievance shall be processed in order to reach a fair and amicable settlement in accordance with the terms of this Article. Disputes of a general nature between the Board and the Union may be initiated by the appropriate representatives at Step 1. Where a dispute involving a question of an employee’s medical assessment or an OPAA representative if desireddismissal occurs, submit the Board and the Union may agree to by-pass Steps 1 and 2 of the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presentedprocedure.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. - The parties shall meet within seven (7) calendar days of this filingemployee concerned, or at such other time as mutually agreed assisted by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a their ▇▇▇▇▇▇▇ and/or Business Agent, shall submit the grievance in writing to the Supervisor of Maintenance, with a copy to the Employee Relations Manager, within five (5) working days after the date of meeting informally with the Supervisor of Maintenance. The Supervisor of Maintenance or an OPAA representative on behalf of designate shall deliver a group of employees who have decision in writing to the same complaint. Such grievances must be dealt employee concerned, with at successive stages a copy to the ▇▇▇▇▇▇▇ of the appropriate union, within five (5) working days after the date the employee’s written grievance procedure commencing with was received.
Step 12 - If the written decision of the Supervisor of Maintenance or designate is not satisfactory to the employee concerned, the employee concerned may appeal the written decision of the Supervisor of Maintenance or designate to the Manager of Facility Services or a designate by lodging an appeal in writing within five (5) working days after the date on which the employee concerned received the written decision of the Supervisor of Maintenance. The grievors Manager of Facility Services or a designate shall convene a meeting with the employee concerned and the Employee Relations Manager or designate within five (5) working days after the Manager of Facility Services received the written appeal. The purpose of this meeting shall be listed on to discuss and consider the grievance. The Employee Relations Manager or designate shall deliver a decision in writing to the Union within ten (10) working days of the meeting, during which time the grievance form.
12.06 A Policy grievance is defined as one which involves will have been discussed at a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct meeting of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedDirector’s Council.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Agreement
GRIEVANCE PROCEDURE. 12.01 The parties For the purposes of this a Grievance shall mean any difference the interpretation, application, administration or alleged violation of the provisions of this Agreement. Before resorting to this Agreement recognize the stewards and Formal Grievance Procedure, the OPAA representatives specified complaint, which may lead to a formal grievance, may be discussed with the Chief in Article 5 as an effort to resolve the agents through which employees shall process their grievances and receive settlement thereof.
a. The Hospital or the Association shall not be required to consider or process any grievance which arises out of any action or condition more than seven (7) calendar days after the subject of such grievance occurredcomplaint. At no time may an employee or group of employees file When a grievance on behalf of another employee.
b. It is understood that an occurs, the aggrieved employee shall first give their immediate supervisor contact the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied Grievance committee by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit submitting the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. The grievance shall identify the nature of the grievance, the remedy soughtduplicate, and should specify in writing, signed by the provisions of the Agreement which are alleged to have been violatedGriever. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1accepted by the Grievance Committee, it may (one) copy of the shall be filed with forwarded to the Hospital at Step 2 Chief within seven (7) calendar ten working days of the alleged grievance. Within ten normal working days after notification of a grievance is received by the Fire Chief, the aggrieved employee, represented and accompanied by the Grievance Committee and all parties concerned, shall meet with the Fire Chief and Deputy Chief to have the Grievance heard. A decision under Step 1 or and reason therefore shall be rendered by the Fire Chief within seven (7) calendar five further working days after this meeting. Failing through the foregoing procedure, the Grievance Committee, together with the aggrieved employee may present the grievance to the City Administrator and Personnel Director who shall render a decision and reason therefore within five working days of such presentation. Failing settlement at this stage and within five normal working days, then stage may be invoked. Failing settlement through the day procedures set out in Stages and above, then the matter may be submitted to Arbitration pursuant to Article ,hereof. Notwithstanding the above, in the event of any difference concerning the interpretation, application, administration or alleged violation of the provisions of this decision at Step 1 should have been madeAgreement, or complaints relating to the terms and conditions of employment, the Association may grieve using procedures as outlined in Article With the mutual consent of both Parties, any concerned Party may during the grievance stages and All times set out under Article may be extended by mutual agreement, in writing, by the parties to this Agreement. Normal working shall mean Monday to Friday inclusive, but does not include statutory holidays. The parties Association agrees to supply the Fire Chief with the names of the members of the Grievance Committee after their election each year. ARTICLE PENSIONS The Corporation shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed continue to share equally with the employees in the contributions toward the employees' Pension plan under Ontario Municipal Employees Retirement System. Type Supplementary Pension will be supplied by the parties, to discuss the grievanceCorporation. The Hospital shall notify the grievor Corporation and the Association of its decision in writing within nine (9) calendar days following confirms that all employees will be retired at the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages end of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. Such policy grievance shall be signed by an OPAA representative or, month in the case of a Hospital policy grievance, by the Hospital or their representative. It is expressly understood that the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves and the regular grievance procedure shall not be thereby bypassedattain their sixtieth birthday.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement
GRIEVANCE PROCEDURE. 12.01 The parties to this Agreement recognize 1) It is mutually understood that the stewards prompt presentation, adjustment, and/or answering of grievances is desirable in the interest of sound relations between the employees and the OPAA District The prompt and fair disposition of grievances involves important and equal obligations and responsibilities, both joint and independent, on the part of representatives specified in Article 5 of each party to protect and preserve the grievance procedure as an orderly means of resolving grievances. Actions by the agents through District or the Union which employees shall process their grievances and receive settlement thereoftend to impair or weaken the grievance procedure areimproper.
a. 2) A grievance is a dispute or difference between the District and the Union, or between the District and the employee, concerning the interpretation and/or application of and/or compliance with any provision of this Agreement, including any and all disciplinary actions.
3) Any employee having a complaint shall first discuss the problem with the Sergeant or his designee. The Hospital employee shall request his supervisor to call the OPBA Director or Committee person. If the Association shall problem is not be required settled to consider the employee's satisfaction, the employee may file a grievance. The failure of the employee and/or Union to timely file or process a grievance shall result in its withdrawal with prejudice. The failure of the District to timely answer the grievance, at any step, shall result in the grievance which arises out automatically advancing to the next step of any action or condition more than seven (7) calendar days after the subject of such grievance occurredprocess. At no time The employee may an employee or group of employees file a grievance on behalf of another employee.
b. It is understood that an employee shall first give their immediate supervisor through the opportunity of adjusting the employee’s complaint. If the complaint is not adjusted to the employee’s satisfaction within seven (7) calendar days of being discussed with the immediate supervisor, it may be taken up as a grievance as set out below.
12.03 Step 1 The employee will, accompanied by a ▇▇▇▇▇▇▇ or an OPAA representative if desired, submit the grievance in writing to their immediate supervisor within seven (7) calendar days of the supervisor's unsatisfactory reply. following procedure: STEP 1: The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged be reduced to have been violated. The supervisor will deal with the grievance and will notify the grievor and the Association representative of the decision in writing within seven (7) calendar days following the date the grievance was presented.
12.04 Step 2 If the grievance is not settled under Step 1, it may be filed with the Hospital at Step 2 within seven (7) calendar days of the decision under Step 1 or within seven (7) calendar days of the day this decision at Step 1 should have been made. The parties shall meet within seven (7) calendar days of this filing, or at such other time as mutually agreed by the parties, to discuss the grievance. The Hospital shall notify the grievor and the Association of its decision in writing within nine (9) calendar days following the Step 2 meeting.
12.05 A Group grievance is defined as a single grievance, signed by a ▇▇▇▇▇▇▇ or an OPAA representative on behalf of a group of employees who have the same complaint. Such grievances must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form.
12.06 A Policy grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement and, when submitted by the Hospital, can relate to the conduct of the Association, its representatives or stewards. A policy grievance shall be originated at Step 2, bypassing Step 1, within fourteen (14) calendar days following after the circumstances event giving rise to such grievance or within fourteen (14) calendar days of the complaint or date the grievant could reasonably be expected to have knowledge of the grievance. Such policy grievance Thegrievance shall be dated and signed by an OPAA representative orthe employee and the OPBA Director and shall set forth the details of the grievance (i.e., in the case facts upon which it is based, the approximate time of a Hospital policy occurrence and the relief or remedy requested). The OPBA Director shall present the grievance to the Lieutenant. The Lieutenant shall meet promptly with the OPBA Director and the employee to resolve the grievance, by but in no event later than fourteen (14) calendar days after the Hospital or their representativegrievance was presented. It is expressly understood that The Lieutenant shall give a written answer to the policy grievance process may not be used with respect to a grievance directly affecting an employee which they could have instituted themselves OPBA Director and the regular grievance procedure shall not be thereby bypassedgrievant within fourteen (14) calendar days after the meeting.
12.07 The release or discharge of a probationary employee shall not be the subject of a grievance or arbitration. The Hospital agrees that it will not discharge, without just cause, an employee who has completed their probationary period. A claim by an employee who has completed their probationary period that they have been unjustly discharged shall be treated as a grievance. Such grievance shall be originated at Step 2.
12.08 By mutual agreement, the parties may extend the time limits set out above.
Appears in 1 contract
Sources: Collective Bargaining Agreement