Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly. 17.02 The grievance procedure provides an informal or oral complaint stage for Employees. Managers are available for private consultations with an Employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Union. If the Employee is not satisfied with the result of such discussions, a formal grievance may then be presented. 17.03 A three-level grievance procedure is provided to Employees. The Employer will post on the bulletin boards, the names of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings. 17.04 Subject to and as provided in section 206 of the Federal Public Sector Labour Relations Act as may be amended from time to time, an Employee who feels that they have been treated unjustly or consider themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that, (a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the specific complaint, such procedure must be followed; and (b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral award, the Employee is not entitled to present the grievance unless they have the approval of and is represented by the Union. 17.05 An Employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada. 17.06 An Employee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office. 17.07 The grievance process applies to Employees only, but an Employee has the right to be represented by a representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered. 17.08 At the request of an Employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on management’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally. 17.09 An Employee wishing to present a grievance shall do so: (a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; and (b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employee. All levels in the grievance procedure, except the final level, may be by-passed with the mutual consent of the Employer or its delegate, the Employee and, where applicable, a representative. 17.10 A grievance shall be presented by an Employee: (a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and (b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is notified orally in writing, or where the Employee is not so notified, after the day on which the Employee became aware of the action or circumstances giving rise to the grievance. 17.11 When an Employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee in writing by the Employer. 17.12 When an Employee does not receive a response to the grievance within fifteen (15) working days, the Employee is entitled to submit the grievance to the next higher level. 17.13 The Employer shall reply to an Employee’s grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level. 17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative. 17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded. 17.16 An Employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one of the grievance process. 17.17 An Employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee to comply with the prescribed time limits. 17.18 Where an Employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time. 17.19 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner: (a) its approval of the reference of the grievance to adjudication; and (b) its willingness to represent the Employee in the adjudication proceedings.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievance Procedures. 17.01 16.01 The purpose of any grievance procedure is to maintain good relations between Employees employees, the Union and management the Employer at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 16.02 The grievance procedure provides includes an informal or oral complaint stage for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Union. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 16.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names positions of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 16.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, an Employee employee who feels that they have been treated unjustly or consider themselves aggrieved by the interpretation or application of the Collective Agreement or arbitral award, or by any matter, action or lack of action by the Employer in matters affecting the terms and conditions of their employment, other than those a matter arising from the classification process is entitled to present a grievance in the manner prescribed in this Article 17.09 except that,;
(a) where there is another administrative procedure provided by or under any Act of Parliament Parliament, other than the Canadian Human Rights Act, to deal with the their specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral award, the Employee is they are not entitled to present the grievance unless they have the approval of and is represented by the Union.
17.05 An Employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 An Employee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees only, but an Employee has the right to be represented by a representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on management’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employee. All levels in the grievance procedure, except the final level, may be by-passed with the mutual consent of the Employer or its delegate, the Employee and, where applicable, a representative.
17.10 A grievance shall be presented by an Employee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is notified orally in writing, or where the Employee is not so notified, after the day on which the Employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee in writing by the Employer.
17.12 When an Employee does not receive a response to the grievance within fifteen (15) working days, the Employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employee’s grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one of the grievance process.
17.17 An Employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee to comply with the prescribed time limits.
17.18 Where an Employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee in the adjudication proceedings.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the Unionbargaining agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials officers designated by the Employer employer to handle respond to each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies given a list of said postingsthe names.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Service Labour Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers him/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the this specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the UnionBargaining Agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its his/her delegate, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; day after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance grievance, submitted to the first or second level level, and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee, in writing writing, by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one of the grievance process.
17.17 An Employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee to comply with the prescribed time limits.
17.18 Where an Employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee in the adjudication proceedings.five
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is 4.15.1 A Staff Member (Grievant) may use this Grievance Procedure to maintain good relations between Employees and management at all levels. The grievance procedure helps to do have an appropriate person (identified in this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage for Employees. Managers are available for private consultations with an Employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Union. If the Employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employees. The Employer will post on the bulletin boards, the names of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is ) seek to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 of the Federal Public Sector Labour Relations Act as may be amended from time to time, an Employee who feels that they have been treated unjustly or consider themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present resolve a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral award, the Employee is not entitled to present the grievance unless they have the approval of and is represented by the Union.
17.05 An Employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 An Employee, when submitting a grievance at any level, shall use the NPF Grievance Presentation FormGrievance. However, it is recognised that some grievances may not be capable of resolution by processes internal to the University.
4.15.2 In this clause Grievance means a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of a Staff Member has about any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees onlymatter, but an Employee has the right to be represented by a representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on management’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee wishing to present a grievance shall do soabout:
(a) at the first level interpretation or implementation of this Agreement (grievances of this type will be dealt with in accordance with the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; andDispute Settling clause);
(b) at OH&S matters (concerns about OH&S matters should be directed firstly to a Supervisor, and if unresolved to the final level Chair, or member, of a local OH&S committee or the University’s responsible officer for OH&S matters);
(c) conduct of another Staff Member which could constitute misconduct, serious misconduct or unsatisfactory performance (which should be dealt with under the provisions of this Agreement concerning misconduct, serious misconduct or unsatisfactory performance);
(d) steps taken or being taken against a Staff Member (i.e., the potential Grievant) under the provisions of the grievance procedure where Agreement concerning misconduct, serious misconduct or unsatisfactory performance (which should be dealt with under the grievance relates provisions of this Agreement concerning misconduct, serious misconduct or unsatisfactory performance); or
(e) any matter that can be dealt with by an alternative documented University process.
4.15.3 The Grievant must put the Grievance in writing and provide sufficient detail of the Grievance so that it can be properly understood.
4.15.4 A Grievant may choose to disciplinary action resulting be accompanied by a person of their choosing at any meeting convened in accordance with this Grievance Procedure. The Grievant and their chosen representative may withdraw to consult if required. The representative may participate in the discharge meeting but may not answer for the Grievant. The Grievant is required to participate actively in the resolution of the Employee. All levels in the grievance procedure, except the final level, may be by-passed with the mutual consent of the Employer or its delegate, the Employee and, where applicable, a representativegrievance.
17.10 A grievance shall be presented by an Employee4.15.5 If a Grievant has a Grievance:
(a) where it does not relate about another member of Staff - there should be an attempt to disciplinary action resulting resolve the Grievance directly between the Grievant and other Staff Member as soon as possible. If this is difficult, impractical or unsuccessful, the Grievant may refer the Grievance, in dischargewriting, not later than to the twentieth (20th) working day; andGrievant's Supervisor who must try to resolve the Grievance by mediation as quickly as possible;
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is notified orally in writing, or where the Employee is not so notified, after the day on which the Employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee in writing by the Employer.
17.12 When an Employee does not receive a response to the grievance within fifteen (15) working days, the Employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employee’s grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one of the grievance process.
17.17 An Employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee to comply with the prescribed time limits.
17.18 Where an Employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s satisfaction, about their Supervisor - they may refer the grievance Grievance to adjudication in accordance the Supervisor’s Supervisor; or
(c) about another matter – they should raise it with their Supervisor, the provisions Grievant, Supervisor or other management representative and the Staff Member who is the subject of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time Grievance will use their best endeavours to timeresolve the Grievance.
17.19 When 4.15.6 If a grievance that may be presented by an Employee Grievance is not resolved at the stage referred to adjudication is a grievance relating in sub clause 4.15.5, the parties to the interpretation or application in respect of them of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to grievance may refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed mannerGrievance to:
(a) its approval the next level of the reference of the grievance to adjudicationmanagement; andor
(b) its willingness another Manager external to represent the Employee work area appointed by the University. Another attempt will be made to settle the Grievance, usually within five working days.
4.15.7 If a Grievance is not resolved at the stage referred to in sub clause 4.15.6, any party to the Grievance may request that the Director, Human Resources, in consultation with the Director, Equity & Diversity:
(a) seek to resolve the Grievance; or
(b) refer the Grievance to an external mediator. The Director, Human Resources, in consultation with the Director, Equity & Diversity, will determine how the Grievance is to proceed.
4.15.8 If a Grievance is not resolved at the stage referred to in sub clause 4.15.7, the Grievance Procedure will conclude. Any party to the Grievance may then refer the Grievance to an external authority with jurisdiction to deal with the matter.
4.15.9 If at any point in the adjudication proceedingsGrievance Procedure a party to the Grievance chooses to refer the Grievance (or part of the Grievance) to an external authority, it will be at the discretion of the University whether to continue with this Grievance Procedure.
Appears in 2 contracts
Sources: Enterprise Agreement, Enterprise Agreement
Grievance Procedures. 17.01 The purpose For the purposes of any this Agreement, a grievance procedure or complaint is defined as a difference arising between an Employee and the Employer, relating to maintain good relations between Employees the interpretation, application, administration, or alleged violation of this Agreement that affect the employees’ terms and management at all levels. The grievance procedure helps conditions of employment and shall include complaints arising under the Canadian Human Rights Act and the Federal Public Sector Labour Relations Act, as amended from time to do this by providing a method of resolving complaints quickly and fairlytime.
17.02 The grievance procedure provides includes an informal or oral verbal complaint stage for Employees. Managers are available for private consultations with an Employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee and/or Union representative is encouraged to discuss it as an oral informal or verbal complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Unionthrough discussion. If the Employee is not satisfied with the result of such verbal and informal discussions, a formal grievance may then be presentedpresented within the time limits outlined in this Article.
17.03 A three-level grievance procedure is provided to Employees. The Employer will post on the bulletin boards, the names job titles of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, an Employee who feels that they have been treated unjustly or consider themselves aggrieved by the interpretation or application of the Collective Agreement or arbitral award, or by any matter, action or lack of action by the Employer in matters affecting the terms and conditions of their employment, other than those a matter arising from the classification process is entitled to present a grievance in the manner prescribed in this Article 17.09 except that,;
(a) where there is another administrative procedure provided by or under any Act of Parliament Parliament, other than the Canadian Human Rights Act, to deal with the their specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral award, the Employee is not entitled to present the grievance unless they have the approval of and is are represented by the Union.
17.05 Subject to and as provided in Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, the Union may present a group grievance on behalf of a group of Employees who feel aggrieved by the interpretation or application, common in respect of those Employees, of this Collective Agreement or arbitral award other than a matter arising from the classification process, in the manner prescribed in this Article. Where there is another administrative procedure provided by or under any Act of Parliament, other than the Canadian Human Rights Act, to deal with the specific complaint, such procedure must be followed.
17.06 An Employee Employee, or the Union on behalf of a group of Employees, is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 17.07 An Employee, or the Union on behalf of a group of Employees, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form Grievance Presentation Form or by reason of any technical irregularity. The form is obtainable from the NPF local Human Resources Officeoffice.
17.07 The grievance process applies to Employees only, but an 17.08 An Employee has the right to be represented by a Union representative in the grievance procedure at any level and at either, or both, the informal discussion (oral verbal complaint) stage, or when the formal written grievance is being considered.
17.08 17.09 At the request of an Employee Employee/group of Employees who has have presented a grievance, a the Union representative shall have the right to consult with the person designated to reply on managementthe Employer’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orallyverbally.
17.09 17.10 An Employee Employee, or the Union on behalf of a group of Employees, wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; and;
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employee. All Any levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegateEmployer, the Employee and, where applicable, a Employee/group of Employees and the Union representative.
17.10 A 17.11 An individual or a group grievance shall be presented by an Employeepresented:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is Employee/group of Employees are notified orally verbally or in writing, or where the Employee is Employee/group of Employees are not so notified, after the day on which the Employee Employee/group of Employees became aware of the action or circumstances giving rise to the grievance.
17.11 17.12 When an Employee Employee, or the Union on behalf of a group of Employees, is not willing to accept the response to a grievance submitted to the first or second level and wishes wish to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee or the Union on behalf of a group of Employees in writing by the Employer.
17.12 17.13 When an Employee or the Union on behalf of a group of Employees does not receive a response to the grievance within fifteen (15) working days, the Employee or the Union on behalf of a group of Employees is entitled to submit the grievance to the next higher level.
17.13 17.14 The Employer shall reply to an Employee’s Employee’s/group of Employees’ grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 17.15 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a grievor(s) and the Union representative.
17.15 17.16 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 17.17 An Employee or the Union on behalf of a group of Employees may abandon a grievance at any stage in the process by written notice to the officer person who is designated to receive and to reply on behalf of the Employer at level one of the grievance process.
17.17 17.18 An Employee or the Union on behalf of a group of Employees who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee Employee/Union to comply with the prescribed time limits.
17.18 17.19 Where an Employee or the Union on behalf of a group of Employees has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee or group of Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 17.20 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them the Employee of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee in the adjudication proceedings. Subject to and as provided in Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, the Union or the Employer may present a policy grievance in respect of the interpretation or application of the Collective Agreement or of an arbitral award, as it relates to the Union or the Employer or the Bargaining Unit generally.
17.21 The parties recognize that an Employee may file a grievance alleging that the terms and conditions of their employment have been affected by discrimination on any prohibited ground as defined under the Canadian Human Rights Act or harassment, as defined in the Employer’s harassment policy.
17.22 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is Grievances shall be heard and resolved according to maintain good relations between Employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage for Employees. Managers are available for private consultations with an the following procedure: Any Employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Union. If the Employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employees. The Employer will post on the bulletin boards, the names of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 of the Federal Public Sector Labour Relations Act as may be amended from time to time, an Employee who feels believes that they have been treated unjustly or consider themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral award, the Employee is not entitled to present the grievance unless they have the approval of and is represented by the Union.
17.05 An Employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 An Employee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall first discuss said grievance with the Employee’s immediate supervisor. Should the issue not be deemed to be invalid resolved by reason only the immediate supervisor the Employee may directly approach the site manager (Harbormaster or Assistant Harbormaster) for discussion and possible resolution of the fact that it is not grievance. This procedure should be instituted in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees onlya timely manner, but an Employee has the right to be represented by a representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on management’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employee. All levels in the grievance procedure, except the final level, may be by-passed with the mutual consent of the Employer or its delegate, the Employee and, where applicable, a representative.
17.10 A grievance shall be presented by an Employee:
(a) where it does not relate to disciplinary action resulting in discharge, not generally no later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is notified orally in writing, or where the Employee is not so notified, after the day on which the Employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working business days after of the date on which aggrieved incident. If the response was conveyed grievance is not satisfied at the site level the Employee shall submit the grievance directly to the Employee General Manager, in writing by the Employer.
17.12 When an Employee does not receive a response writing, who shall be required to the grievance respond to same within fifteen (15) working business days. In addition to the written grievance from the Employee, the General Manager is required to obtain a written report from the respective site manager (Harbormaster or Assistant Harbormaster). The General Manager shall respond to the aggrieved Employee granting relief to the aggrieved employees’ satisfaction or advise the Employee the aggrieved incident is being investigated. The General Manager shall be required to adjust any grievance submitted to the General Manager’s attention within one (1) month of receipt. Should the grievance not be adjusted to the satisfaction of the Employee, the Employee is entitled to submit has the grievance right of final appeal to the next higher level.
17.13 Board of Harbor Commissioners convened in a special meeting and sitting as the Personnel Board of the District. The Employer decision of the Personnel Board shall reply be final. Employees have the absolute right to an Employee’s grievance Union representation at the first or second level all levels of the grievance process within fifteen (15) working days after the procedure. No grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays resolution shall be excluded.
17.16 An Employee may abandon a grievance at any stage made that violates the specific terms and conditions of employment as provided in this MOU without the process by written notice to the officer who is designated to receive and to reply on behalf agreement of the Employer at level one of the grievance processUnion.
17.17 An Employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee to comply with the prescribed time limits.
17.18 Where an Employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee in the adjudication proceedings.
Appears in 2 contracts
Sources: Memorandum of Understanding, Memorandum of Understanding
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, or if required, in the presence of a representative of the Union. In that case, the established timelines for presenting a formal grievance may be extended by mutual written agreement of the parties that specifies the new timeline. Only the PSP manager, a National Manager, their delegates or a Human Resources manager can authorize the extension of a timeline on behalf of the employer. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presentedpresented .
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 220 208 of the Federal Public Sector Service Labour Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have been treated unjustly or consider considers themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) a. where there is another administrative procedure provided by or under any Act of Parliament Parliament, other than the Canadian Human Rights Act, to deal with the his/her specific complaint, such procedure must be followed; and,
(b) b. where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the Union.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) a. at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) b. at the second level of the grievance procedure where the grievance concerns employment competition within the Bargaining Unit and is submitted in accordance with Article 17.20; and
c. at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with bypassed by the mutual written consent of the Employer or its delegateEmployer, the Employee employee and, where applicable, a representative.
17.10 A grievance shall be presented by an Employeeemployee:
(a) a. where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and,
(b) b. where it relates to disciplinary action resulting in discharge, not later than the twenty-twenty- fifth (25th) working day; after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final next level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee in writing by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by a mutual written agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegateEmployer, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they he/she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Service Staff Relations Act and RegulationsAct, as may be amended from time to time, and Regulations.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them his/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in prescribed manner:
(a) a. its approval of the reference of the grievance to adjudication; and
(b) b. its willingness to represent the Employee employee in the adjudication proceedings.
17.20 Grievances concerning employment competitions in the Bargaining Unit are restricted to the employees who participated in the competition in the Bargaining Unit and must be submitted within five (5) days of being informed of the results of the competition in the Bargaining Unit. When a grievance has been filed in accordance with this Article there shall be no permanent appointment made until the grievance has been replied to at the final level or withdrawn.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the Unionbargaining agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials officers designated by the Employer employer to handle respond to each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies given a list of said postingsthe names.
17.04 Subject to and as provided in section 206 Section 91 of the Federal Public Sector Labour Service Staff Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers him/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the this specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the UnionBargaining Agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its his/her delegate, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; day after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance grievance, submitted to the first or second level level, and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee, in writing writing, by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative▇▇▇▇▇▇▇.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its his/her delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where When an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they he/she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Service Staff Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in a prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the Unionbargaining agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials officers designated by the Employer employer to handle respond to each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies given a list of said postingsthe names.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Service Labour Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers him/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the this specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the UnionBargaining Agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its his/her delegate, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; day after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance grievance, submitted to the first or second level level, and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee, in writing writing, by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative▇▇▇▇▇▇▇.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its his/her delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where When an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they he/she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Service Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in a prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the Unionbargaining agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials officers designated by the Employer employer to handle respond to each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies given a list of said postingsthe names.
17.04 Subject to and as provided in section 206 Section 91 of the Federal Public Sector Labour Service Staff Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers him/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the this specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the UnionBargaining Agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its his/her delegate, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; day after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance grievance, submitted to the first or second level level, and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee in writing by the Employer.
17.12 When an Employee does not receive a response to the grievance within fifteen (15) working days, the Employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employee’s grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one of the grievance process.
17.17 An Employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee to comply with the prescribed time limits.
17.18 Where an Employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee in the adjudication proceedings.ten
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the Unionbargaining agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, boards in each outlet the names of the officials designated by the Employer to handle respond to each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 Section 90 of the Federal Public Sector Labour Service Staff Relations Act as may be amended from time to timeAct, an Employee employee who feels that they have he has been treated unjustly or consider themselves considers himself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 l7.09 except that,
(a) a. where there is another administrative procedure provided by or under any Act of Parliament to deal with the his specific complaint, such procedure must be followed; and,
(b) b. where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he is not entitled to present the grievance unless they have he has the approval of and is represented by the Unionbargaining agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources OfficeBase Personnel Services Officer.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) a. at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) b. at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegateEmployer, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) a. where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) b. where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; : after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10l0) working days after the date on which the response was conveyed to the Employee employee in writing by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15l5) working daysday, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative▇▇▇▇▇▇▇.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (l) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer Base Commander or its his delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they he may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Service Staff Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in a prescribed manner:
(a) : a. its approval of the reference of the grievance to adjudication; and
(b) and b. its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose For the purposes of any this Agreement, a grievance procedure or complaint is defined as a difference arising between an Employee and the Employer, relating to maintain good relations between Employees the interpretation, application, administration, or alleged violation of this Agreement that affect the Employees’ terms and management at all levels. The grievance procedure helps conditions of Employment and shall include complaints arising under the Canadian Human Rights Act and the Federal Public Sector Labour Relations Act, as amended from time to do this by providing a method of resolving complaints quickly and fairlytime.
17.02 The grievance procedure provides includes an informal or oral verbal complaint stage for Employees. Managers are available for private consultations with an Employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee and/or Union representative is encouraged to discuss it as an oral informal or verbal complaint with the manager concerned, either privately or, if required, in the presence of a representative of the UnionManager through discussion. If the Employee is not satisfied with the result of such verbal and informal discussions, a formal grievance may then be presentedpresented within the time limits outlined in this article.
17.03 A three-level grievance procedure is provided to Employees. The Employer will post on the bulletin boards, the names job titles of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, an Employee who feels that they have been treated unjustly or consider themselves aggrieved by the interpretation or application of the Collective Agreement or Arbitral Award, or by any matter, action or lack of action by the Employer in matters affecting the terms and conditions of his/her employment, other than those a matter arising from the classification process is entitled to present a grievance in the manner prescribed in this Article 17.09 except that,;
(a) a. where there is another administrative procedure provided by or under any Act of Parliament Parliament, other than the Canadian Human Rights Act, to deal with the his/her specific complaint, such procedure must be followed; and
(b) b. where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the Union.
17.05 Subject to and as provided in Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, the Union may present a group grievance on behalf of a group of Employees who feel aggrieved by the interpretation or application, common in respect of those Employees, of this Collective Agreement or Arbitral Award other than a matter arising from the classification process, in the manner prescribed in this Article. Where there is another administrative procedure provided by or under any Act of Parliament, other than the Canadian Human Rights Act, to deal with the specific complaint, such procedure must be followed.
17.06 An Employee Employee, or the Union on behalf of a group of Employees, is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 17.07 An Employee, or the Union on behalf of a group of Employees, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees only, but an 17.08 An Employee has the right to be represented by a Union representative in the grievance procedure at any level and at either, or both, the informal discussion (oral verbal complaint) stage, or when the formal written grievance is being considered.
17.08 17.09 At the request of an Employee Employee/group of Employees who has have presented a grievance, a the Union representative shall have the right to consult with the person designated to reply on managementthe Employer’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orallyverbally.
17.09 17.10 An Employee Employee, or the Union on behalf of a group of Employees, wishing to present a grievance shall do so:
(a) a. at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; and;
(b) b. at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employee. All Any levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegateEmployer, the Employee and, where applicable, a Employee/group of Employees and the Union representative.
17.10 A 17.11 An individual or a group grievance shall be presented by an Employeepresented:
(a) a. where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) b. where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is Employee/group of Employees are notified orally verbally or in writing, or where the Employee is Employee/group of Employees are not so notified, after the day on which the Employee Employee/group of Employees became aware of the action or circumstances giving rise to the grievance.
17.11 17.12 When an Employee Employee, or the Union on behalf of a group of Employees, is not willing to accept the response to a grievance submitted to the first or second level and wishes wish to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee or the Union on behalf of a group of Employees in writing by the Employer.
17.12 17.13 When an Employee or the Union on behalf of a group of Employees does not receive a response to the grievance within fifteen (15) working days, the Employee or the Union on behalf of a group of Employees is entitled to submit the grievance to the next higher level.
17.13 17.14 The Employer shall reply to an Employee’s Employee’s/group of Employees’ grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 17.15 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a grievor(s) and the Union representative.
17.15 17.16 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 17.17 An Employee or the Union on behalf of a group of Employees may abandon a grievance at any stage in the process by written notice to the officer person who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 17.18 An Employee or the Union on behalf of a group of Employees who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee Employee/ Union to comply with the prescribed time limits.
17.18 17.19 Where an Employee or the Union on behalf of a group of Employees has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee or group of Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 17.20 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in prescribed manner:
(a) a. its approval of the reference of the grievance to adjudication; and
(b) b. its willingness to represent the Employee in the adjudication proceedings. Subject to and as provided in Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, the Union or the Employer may present a policy grievance in respect of the interpretation or application of the Collective Agreement or of an arbitral award, as it relates to the Union or the Employer or the Bargaining Unit generally.
17.21 The parties recognize that an Employee may file a grievance alleging that the terms and conditions of his/her employment have been affected by discrimination on any prohibited ground as defined under the Canadian Human Rights Act or harassment, as defined in the Employer harassment policy.
17.22 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage for Employees. employees, and Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if requiredrequested, in the presence of a representative of the Unionunion. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level The grievance procedure is provided to Employeesconsists of three levels. The Employer will post on shall designate a senior representative for the bulletin boards, first and second responding levels and shall inform each employee to whom the names procedure applies the name or title of the officials designated person so designated. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to handle each come to the attention of the three (3) levels of employees to whom the Grievance Proceduregrievance procedure applies, or otherwise as determined by agreement between the Employer and the Union. The Union is to final level shall be supplied with copies the Minister of said postingsNational Defence or his/her delegate.
17.04 Subject to and as provided in section 206 Section 208 of the Federal Public Sector Service Labour Relations Act as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers himself/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the his/her specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the Union.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by‑passed by the mutual consent of the Employer or its his/her delegate, the Employee employee and, where applicable, a representative.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth twenty‑fifth (25th) working day; : after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee in writing by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five twenty‑five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its his/her delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they he/she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Service Labour Relations Act and Regulations, Regulations as may be amended from form time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit bargaining unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
17.20 The Employer and the Union recognize that an employee may file a grievance alleging that the terms and conditions of his/her employment have been affected by discrimination on any prohibited ground, as defined in the Canadian Human Rights Act, or harassment, as defined in the Employer’s harassment policy.
17.21 In the event that an employee chooses to grieve discrimination or harassment, the grievance shall be submitted immediately to the third and final level of the Employer’s grievance process. Notwithstanding the timelines set forth in this article, the Employer shall reply to a grievance regarding discrimination or harassment within ninety (90) days after the grievance is presented.
17.22 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination or harassment. The selection of the mediator will be by mutual agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose For the purposes of any this Agreement, a grievance procedure or complaint is defined as a difference arising between an employee and the Employer, relating to maintain good relations between Employees the interpretation, application, administration, or alleged violation of this Agreement that affect the employees’ terms and management at all levels. The grievance procedure helps conditions of employment and shall include complaints arising under the Canadian Human Rights Act and the Federal Public Sector Labour Relations Act, as amended from time to do this by providing a method of resolving complaints quickly and fairlytime.
17.02 The grievance procedure provides includes an informal or oral verbal complaint stage for Employees. Managers are available for private consultations with an Employee who wishes to discuss a complaint or grievanceemployees. Before a formal grievance is presented, the Employee employee and/or Union representative is encouraged to discuss it as an oral informal or verbal complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Unionthrough discussion. If the Employee employee is not satisfied with the result of such verbal and informal discussions, a formal grievance may then be presentedpresented within the time limits outlined in this Article.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names job titles of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, an Employee employee who feels that they have been treated unjustly or consider themselves aggrieved by the interpretation or application of the Collective Agreement or arbitral award, or by any matter, action or lack of action by the Employer in matters affecting the terms and conditions of their employment, other than those a matter arising from the classification process is entitled to present a grievance in the manner prescribed in this Article 17.09 except that,;
(a) where there is another administrative procedure provided by or under any Act of Parliament Parliament, other than the Canadian Human Rights Act, to deal with the their specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral award, the Employee employee is not entitled to present the grievance unless they have the approval of and is are represented by the Union.
17.05 Subject to and as provided in Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, the Union may present a group grievance on behalf of a group of employees who feel aggrieved by the interpretation or application, common in respect of those employees, of this Collective Agreement or arbitral award other than a matter arising from the classification process, in the manner prescribed in this Article. Where there is another administrative procedure provided by or under any Act of Parliament, other than the Canadian Human
17.06 An Employee employee, or the Union on behalf of a group of employees, is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 17.07 An Employeeemployee, or the Union on behalf of a group of employees, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form Grievance Presentation Form or by reason of any technical irregularity. The form is obtainable from the NPF local Human Resources Officeoffice.
17.07 The grievance process applies to Employees only, but an Employee 17.08 An employee has the right to be represented by a Union representative in the grievance procedure at any level and at either, or both, the informal discussion (oral verbal complaint) stage, or when the formal written grievance is being considered.
17.08 17.09 At the request of an Employee employee/group of employees who has have presented a grievance, a the Union representative shall have the right to consult with the person designated to reply on managementthe Employer’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orallyverbally.
17.09 17.10 An Employee employee, or the Union on behalf of a group of employees, wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; andemployee;
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All Any levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegateEmployer, the Employee and, where applicable, a employee/group of employees and the Union representative.
17.10 A 17.11 An individual or a group grievance shall be presented by an Employeepresented:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is employee/group of employees are notified orally verbally or in writing, or where the Employee is employee/group of employees are not so notified, after the day on which the Employee employee/group of employees became aware of the action or circumstances giving rise to the grievance.
17.11 17.12 When an Employee employee, or the Union on behalf of a group of employees, is not willing to accept the response to a grievance submitted to the first or second level and wishes wish to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee or the Union on behalf of a group of employees in writing by the Employer.
17.12 17.13 When an Employee employee or the Union on behalf of a group of employees does not receive a response to the grievance within fifteen (15) working days, the Employee employee or the Union on behalf of a group of employees is entitled to submit the grievance to the next higher level.
17.13 17.14 The Employer shall reply to an Employee’s employee’s/group of employees’ grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 17.15 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a grievor(s) and the Union representative.
17.15 17.16 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 17.17 An Employee employee or the Union on behalf of a group of employees may abandon a grievance at any stage in the process by written notice to the officer person who is designated to receive and to reply on behalf of the Employer at level one of the grievance process.
17.17 17.18 An Employee employee or the Union on behalf of a group of employees who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee employee/Union to comply with the prescribed time limits.
17.18 17.19 Where an Employee employee or the Union on behalf of a group of employees has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employeeemployee or group of employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 17.20 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them the employee of a provision of a Collective Agreement or an arbitral award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings. Subject to and as provided in Part 2 of the Federal Public Sector Labour Relations Act as may be amended from time to time, the Union or the Employer may present a policy grievance in respect of the interpretation or application of the Collective Agreement or of an arbitral award, as it relates to the Union or the Employer or the Bargaining Unit generally.
17.21 The parties recognize that an employee may file a grievance alleging that the terms and conditions of their employment have been affected by discrimination on any prohibited ground as defined under the Canadian Human Rights Act or harassment, as defined in the Employer’s harassment policy.
17.22 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the Unionbargaining agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boardsboards in each outlet, the names of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 Section 91 of the Federal Public Sector Labour Service Staff Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers himself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 l7.09 except that,
(a) where a. Where there is another administrative procedure provided by or under any Act of Parliament to deal with the his/her specific complaint, such procedure must be followed; , and
(b) where b. Where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the Unionbargaining agent.
17.05 An Employee employee is not entitled to present a grievance ▇▇▇▇ ▇▇▇▇▇ relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at a. At the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at b. At the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegateEmployer, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where a. Where it does not relate to disciplinary action resulting in discharge, not later than the twentieth twentie th (20th) working day; and
(b) where b. Where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10l0) working days after the date on which the response was conveyed to the Employee employee in writing by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15l5) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative▇▇▇▇▇▇▇.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (l) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegateEmployer, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they he/she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Service Staff Relations Act and RegulationsRegula tions, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in a prescribed manner:
(a) its a. Its approval of the reference of the grievance to adjudication; and
(b) its b. Its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the UnionBargaining Agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials officers designated by the Employer to handle respond to each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies given a list of said postingsthe names.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Labour Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have been treated unjustly or consider considers themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the this specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral award, the Employee is they are not entitled to present the grievance unless they have the approval of and is are represented by the UnionBargaining Agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF Grievance Presentation form or by reason of any technical irregularity. The form is obtainable from the NPF Employer’s Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegate, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; day after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance grievance, submitted to the first or second level level, and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee, in writing writing, by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative▇▇▇▇▇▇▇.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its their delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where When an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them the employee of a provision of a Collective Agreement or an arbitral award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in a prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees, the Union and management the Employer at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides includes an informal or oral complaint stage for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Union. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names positions of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Service Labour Relations Act as may be amended from time to time, an Employee employee who feels that they have been treated unjustly or consider themselves aggrieved by the interpretation or application of the Collective Agreement or Arbitral Award, or by any matter, action or lack of action by the Employer in matters affecting the terms and conditions of his/her employment, other than those a matter arising from the classification process is entitled to present a grievance in the manner prescribed in this Article 17.09 except that,;
(a) where there is another administrative procedure provided by or under any Act of Parliament Parliament, other than the Canadian Human Rights Act, to deal with the his/her specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the Union.
17.05 Subject to and as provided in Part 2 of the Public Service Labour Relations Act as may be amended from time to time, the Union may present a group grievance on behalf of a group of employees who feel aggrieved by the interpretation or application, common in respect of those employees, of this Collective Agreement or Arbitral Award other than a matter arising from the classification process, in the manner prescribed in this Article. Where there is another administrative procedure provided by or under any Act of Parliament, other than the Canadian Human Rights Act, to deal with the specific complaint, such procedure must be followed.
17.06 An Employee employee, or the Union on behalf of a group of employees, is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 17.07 An Employeeemployee, or the Union on behalf of a group of employees, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees only, but an Employee 17.08 An employee has the right to be represented by a Union representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 17.09 At the request of an Employee employee/group of employees who has have presented a grievance, a the Union representative shall have the right to consult with the person designated to reply on managementthe Employer’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 17.10 An Employee employee, or the Union on behalf of a group of employees, wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All Any levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegateEmployer, the Employee and, where applicable, a employee/group of employees and the Union representative.
17.10 A 17.11 An individual, policy or a group grievance shall be presented by an Employeepresented:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is employee/group of employees are notified orally or in writing, or where the Employee is employee/group of employees are not so notified, after the day on which the Employee employee/group of employees became aware of the action or circumstances giving rise to the grievance.
17.11 17.12 When an Employee employee, or the Union on behalf of a group of employees, is not willing to accept the response to a grievance submitted to the first or second level and wishes wish to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee or the Union on behalf of a group of employees in writing by the Employer.
17.12 17.13 When an Employee employee or the Union on behalf of a group of employees does not receive a response to the grievance within fifteen (15) working days, the Employee employee or the Union on behalf of a group of employees is entitled to submit the grievance to the next higher level.
17.13 17.14 The Employer shall reply to an Employee’s employee’s/group of employees’ grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 17.15 The time limits stipulated in the grievance procedure may be extended by mutual written agreement between the Employer, the grievor and, where applicable, a grievor(s) and the Union representative.
17.15 17.16 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 17.17 An Employee employee or the Union on behalf of a group of employees may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 17.18 An Employee employee or the Union on behalf of a group of employees who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, Base Commander it was not possible for the Employee employee/ Union to comply with the prescribed time limits.
17.18 17.19 Where an Employee employee or the Union on behalf of a group of employees has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employeeemployee or group of employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Service Labour Relations Act and Regulations, as may be amended from time to time.
17.19 17.20 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
17.21 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Union or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award, as it relates to the Union or the employer or the bargaining Unit generally.
(a) A policy grievance may be presented by the Union only at the final level of the grievance procedure, to the authorized representative of the Employer as per article16.03.
(b) The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Union. The Union shall inform the Employer of the name, title and address of this representative.
17.22 The Employer and the Union recognize that an employee may file a grievance alleging that the terms and conditions of his/her employment have been affected by discrimination on any prohibited ground, as defined in the Canadian Human Rights Act, or harassment, as defined in the Employer’s harassment policy.
17.23 In the event that an employee chooses to grieve discrimination or harassment, the grievance shall be submitted immediately to the third and final level of the Employer’s grievance process. Notwithstanding the timelines set forth in this article, the Employer shall reply to a grievance regarding discrimination or harassment within ninety (90) days after the grievance is presented.
17.24 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination or harassment. The selection of the mediator will be by mutual agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees Employees, Bargaining Agent and management the Company at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides includes an informal or oral complaint stage for Employees. Managers are available for private consultations with an Employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Uniontheir full-time Union Representative or ▇▇▇▇▇▇▇. If the Employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level The grievance procedure is provided to Employeesconsists of three (3) levels. The Employer Company will post on the bulletin boards, the names positions of the officials designated by the Employer Company to handle each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 Part II of the Federal Public Sector Labour Relations Act Act, as may be amended from time to time, an Employee who feels that they have been treated unjustly or consider considers themselves aggrieved by the interpretation or application of the Collective Agreement or arbitral award, or by any action or lack matter affecting the terms and conditions of action by the Employer in matters their employment other than those a matter arising from the classification process process, is entitled to present a grievance in the manner prescribed in Article 17.09 17.10 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament other than the Canadian Human Rights Act to deal with the their specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral award, the Employee is not entitled to present the grievance unless they have the approval of and is represented by the UnionBargaining Agent.
17.05 Subject to and as provided in Part II of the Federal Public Sector Labour Relations Act as may be amended from time to time, the Bargaining Agent may present a group grievance on behalf of a group of Employees who feel aggrieved by the interpretation or application, common in respect of those Employees, of this Collective Agreement or arbitral award other than a matter arising from the classification process, in the matter prescribed in this Article except that, where there is another administrative procedure provided by or under any Act of Parliament, other than the Canadian Human Rights Act, to deal with the specific complaint, such procedure must be followed.
17.06 An Employee or the Bargaining Agent on behalf of a group of Employees is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 17.07 An Employee, or the Bargaining Agent on behalf of a group of Employees, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Non Public Funds Human Resources Office.
17.07 The grievance process applies to Employees only, but an 17.08 An Employee has the right to be represented by a representative their full-time Union Representative or ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At 17.09 The Union Representative, at the request of an Employee Employee/group of Employees who has presented a grievance, a representative their full-time Union Representative or ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s the Company's behalf at any level in the grievance procedure. At levels other than the final level level, the request for consultation may be made orally.
17.09 17.10 An Employee or the Bargaining Agent on behalf of a group of Employees wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employee. All Any levels in the grievance procedure, except the final level, may be by-by- passed with by the mutual consent of the Employer or its delegateCompany, the Employee and, where applicable, a representativeEmployee/group of Employees and the full-time Union Representative or ▇▇▇▇▇▇▇.
17.10 A 17.11 An individual grievance, or a group grievance shall be presented by an Employee:
(a) where within twenty (20) days, (if it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and);
(b) where within twenty-five (25) days, (if it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which ): of the Employee is or group of Employees having been notified orally or in writingwriting of the action or circumstances giving rise to the grievance, or where the Employee is not so notified, after the day on which the Employee became becoming aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee is grievance if not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee in writing by the Employerso notified.
17.12 When an Employee does not receive a response to the grievance within fifteen (15) working days, the Employee is entitled to submit the grievance to the next higher level.
17.13 The Employer Company shall normally reply to an Employee’s Employee's/group of Employees' grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.13 If an Employee, or the Bargaining Agent on behalf of the Employees is unsatisfied with the response at the first or second level, they can submit the grievance to the second or final level. The grievance must be submitted to the second or final level within ten (10) days of the Employee or the Bargaining Agent on behalf of a group of Employees, receives the response in writing from the Company at the first or second level of the grievance process.
17.14 When an Employee or the Bargaining Agent on behalf of a group of Employees does not receive a response to the grievance within fifteen (15) days, the Employee or the Bargaining Agent on behalf of a group of Employees is entitled to submit the grievance to the next higher level.
17.15 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the EmployerCompany, the grievor and, where applicable, a representativeand the full-time Union Representative or ▇▇▇▇▇▇▇.
17.15 17.16 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.grievance
17.16 17.17 An Employee or the Bargaining Agent on behalf of a group of Employees may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer Company at level one Level One (1) of the grievance process.
17.17 17.18 An Employee or the Bargaining Agent on behalf of a group of Employees who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegateCompany, it was not possible for the Employee Employee/Bargaining Agent to comply with the prescribed time limits.
17.18 17.19 Where an Employee or the Bargaining Agent on behalf of a group of Employees has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s Employee's/group of Employees' satisfaction, they may refer to the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, Regulations as may be amended from time to time.
17.19 17.20 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them the Employee of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award applies applied, signifies in a prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee in the adjudication proceedings.
17.21 The Bargaining Agent may refer to adjudication any group grievance that has been presented up to and including the final level of the grievance process and that has not been dealt with to its satisfaction.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the Unionbargaining agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials officers designated by the Employer employer to handle respond to each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies given a list of said postingsthe names.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Labour Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have been treated unjustly or consider considers themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the this specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee is they are not entitled to present the grievance unless they have the approval of and is represented by the UnionBargaining Agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its their delegate, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; day after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance grievance, submitted to the first or second level level, and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee, in writing writing, by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative▇▇▇▇▇▇▇.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays Sundays, and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its their delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where When an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them of themselves or a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in a prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees, Union and management the Employer at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides includes an informal or oral complaint stage for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Uniontheir Union Representative or ▇▇▇▇▇▇▇. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level The grievance procedure is provided to Employees. The Employer will post on the bulletin boards, the names consists of the officials designated by the Employer to handle each of the three (3) levels. The Employer shall designate a senior representative for the first, second and third levels and shall inform the Union, of the Grievance Procedurename, title and address of the person so designated. The This information shall be communicated to employees by means of notices posted by the Employer on the Union is to be supplied with copies of said postingsbulletin board.
17.04 Subject to and as provided in section 206 Part II of the Federal Public Sector Labour Relations Act, as may be amended from time to time, an employee who feels that they have been treated unjustly or considers themselves aggrieved by the interpretation or application of the Collective Agreement or arbitral award, or by any matter affecting the terms and conditions of their employment, other than a matter arising from the classification process, is entitled to present a grievance in the manner prescribed in Article 17.10 except that,
(a) Where there is another administrative procedure provided by or under any Act of Parliament, other than the Canadian Human Rights Act, to deal with their specific complaint, such procedure must be followed; and
(b) Where the grievance relates to the interpretation or application of this Collective Agreement or arbitral award, the employee is not entitled to present the grievance unless they have the approval of and are represented by the Union.
17.05 Subject to and as provided in Part II of the Federal Public Sector Labour Relations Act as may be amended from time to time, an Employee the Union may present a group grievance on behalf of a group of employees who feels that they have been treated unjustly or consider themselves feel aggrieved by any action the interpretation or lack application, common in respect of action by the Employer in matters those employees, of this Collective Agreement or arbitral award other than those a matter arising from the classification process is entitled to present a grievance process, in the manner matter prescribed in this Article 17.09 except that,
(a) , where there is another administrative procedure provided by or under any Act of Parliament Parliament, other than the Canadian Human Rights Act, to deal with the specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral award, the Employee is not entitled to present the grievance unless they have the approval of and is represented by the Union.
17.05 17.06 An Employee employee or the Union on behalf of a group of employees is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 17.07 An Employeeemployee, or the Union on behalf of a group of employees, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Non Public Funds Human Resources Office.
17.07 The grievance process applies to Employees only, but an Employee 17.08 An employee has the right to be represented by a representative their Union Representative or ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At 17.09 The Union Representative, at the request of an Employee employee/group of employees who has presented a grievance, a representative their Union Representative or ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s behalf local Human Resources Manager or a representative of Employment & Labour Relations at any level in the grievance procedure. At levels other than the final level level, the request for consultation may be made orally.
17.09 17.10 An Employee employee or the Union on behalf of a group of employees wishing to present a grievance shall do so:
(a) at At the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at At the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All Any levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegateEmployer, the Employee and, where applicable, a representativeemployee/group of employees and the Union Representative or ▇▇▇▇▇▇▇.
17.10 A 17.11 An individual grievance, or a group grievance shall be presented by an Employeeemployee:
(a) where Where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where Where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; : after the day on which the Employee employee/group of employees is notified orally or in writing, or where the Employee employee/group of employees is not so notified, after the day on which the Employee employee/group of employees became aware of the action or circumstances giving rise to the grievance.
17.11 17.12 When an Employee employee, or the Union on behalf of the employees is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee or the Union on behalf of a group of employees in writing by the Employer.
17.12 17.13 When an Employee employee or the Union on behalf of a group of employees does not receive a response to the grievance within fifteen (15) working days, the Employee employee or the Union on behalf of a group of employees is entitled to submit the grievance to the next higher level.
17.13 17.14 The Employer shall normally reply to an Employee’s employee’s/group of employees’ grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 17.15 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor andgrievor, where applicable, a representativeand the Union Representative or ▇▇▇▇▇▇▇.
17.15 17.16 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 17.17 An Employee may employee or the Union on behalf of a group of employees ▇▇▇ abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One of the grievance process.
17.17 17.18 An Employee employee or the Union on behalf of a group of employees who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegateEmployer, it was not possible for the Employee employee/Union to comply with the prescribed time limits.
17.18 17.19 Where an Employee employee or the Union on behalf of a group of employees has presented a grievance up to and an including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee’s/group of employees’ satisfaction, they may refer to the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, Regulations as may be amended from time to time.
17.19 17.20 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them or of a provision of a Collective Agreement or an arbitral award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies applied, signifies in a prescribed manner:
(a) its Its approval of the reference of the grievance to adjudication; and
(b) its willingness Willingness to represent the Employee employee in the adjudication proceedings.
17.21 The Union may refer to adjudication any group grievance that has been presented up to and including the final level of the grievance process and that has not been dealt with to its satisfaction.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the UnionBargaining Agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level The grievance procedure is provided to Employeesconsists of three levels. The Employer will post on shall designate a senior representative for the bulletin boardsfirst and second responding levels and shall inform each employee to whom the procedure applies, and the Bargaining Agent, the names name or title of the officials designated person so designated. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to handle each come to the attention of the three (3) levels of employees to whom the Grievance Proceduregrievance procedure applies, or otherwise as determined by agreement between the Employer and the Union. The Union is to final level shall be supplied with copies the Minister of said postingsNational Defence or his /her delegate.
17.04 Subject to and as provided in section 206 Section 91 of the Federal Public Sector Labour Service Staff Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers himself/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 l7.09 except that,
(a) where a. Where there is another administrative procedure provided by or under any Act of Parliament to deal with the his/her specific complaint, such procedure must be followed; and
(b) where b. Where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he /she has the approval of and is represented by the UnionBargaining Agent.
17.05 An Employee The employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Non Public Funds Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇, or may act on their own behalf independently, in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at a. At the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at b. At the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegateEmployer, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where a. Where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where b. Where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; : after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10l0) working days after the date on which the response was conveyed to the Employee employee in writing by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15l5) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-twenty- five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative▇▇▇▇▇▇▇.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee The employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (l) of the grievance process.
17.17 An Employee The employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegateEmployer, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where an Employee the employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they the employee may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Service Staff Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in a prescribed manner:
(a) its a. Its approval of the reference of the grievance to adjudication; and
(b) its b. Its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the Unionbargaining agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials officers designated by the Employer employer to handle respond to each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies given a list of said postingsthe names.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Service Labour Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers him/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the this specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the UnionBargaining Agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its his/her delegate, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; day after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance grievance, submitted to the first or second level level, and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee, in writing writing, by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall normally reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative▇▇▇▇▇▇▇.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its his/her delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where When an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they he/she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Service Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union Bargaining Agent for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in a prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage for Employees. employees, and Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if requiredrequested, in the presence of a representative of the Unionunion. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level The grievance procedure is provided to Employeesconsists of three levels. The Employer will post on shall designate a senior representative for the bulletin boards, first and second responding levels and shall inform each employee to whom the names procedure applies the name or title of the officials designated person so designated. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to handle each come to the attention of the three (3) levels of employees to whom the Grievance Proceduregrievance procedure applies, or otherwise as determined by agreement between the Employer and the Union. The Union is to final level shall be supplied with copies the Minister of said postingsNational Defence or his/her delegate.
17.04 Subject to and as provided in section 206 Section 208 of the Federal Public Sector Service Labour Relations Act as may be amended from time to time, an Employee employee who feels that they have he/she has been treated unjustly or consider themselves considers himself/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the his/her specific complaint, such procedure must be followed; and,
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the Union.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its his/her delegate, the Employee employee and, where applicable, a representative.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; : after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee in writing by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employee’s employee's grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its his/her delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s employee's satisfaction, they he/she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Service Labour Relations Act and Regulations, Regulations as may be amended from form time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him/her of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit bargaining unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
17.20 The Employer and the Union recognize that an employee may file a grievance alleging that the terms and conditions of his/her employment have been affected by discrimination on any prohibited ground, as defined in the Canadian Human Rights Act, or harassment, as defined in the Employer’s harassment policy.
17.21 In the event that an employee chooses to grieve discrimination or harassment, the grievance shall be submitted immediately to the third and final level of the Employer’s grievance process. Notwithstanding the timelines set forth in this article, the Employer shall reply to a grievance regarding discrimination or harassment within ninety (90) days after the grievance is presented.
17.22 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination or harassment. The selection of the mediator will be by mutual agreement.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management Management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative of the Union. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials designated by the Employer to handle each of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 Section 91 of the Federal Public Sector Labour Service Staff Relations Act as may be amended from time to time, an Employee employee who feels that they have been treated unjustly or consider themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the his/her specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral awardArbitral Award, the Employee he/she is not entitled to present the grievance unless they have he/she has the approval of and is represented by the Union.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on managementManagement’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer Base Commander or its the Base Commander’s delegate, the Employee employee and, where applicable, a representative.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; : after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee in writing by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employeeemployee’s grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one Level One (1) of the grievance process.
17.17 An Employee employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer Base Commander or its his/her delegate, it was not possible for the Employee employee to comply with the prescribed time limits.
17.18 Where an Employee employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employeeemployee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Service Staff Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee employee to adjudication is a grievance relating to the interpretation or application in respect of them him of a provision of a Collective Agreement or an arbitral awardArbitral Award, the Employee employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award Arbitral Award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee employee in the adjudication proceedings.
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 The purpose of any grievance procedure is to maintain good relations between Employees employees and management at all levels. The grievance procedure helps to do this by providing a method of resolving complaints quickly and fairly.
17.02 The grievance procedure provides an informal or oral complaint stage state for Employeesemployees. Managers are available for private consultations with an Employee employee who wishes to discuss a complaint or grievance. Before a formal grievance is presented, the Employee employee is encouraged to discuss it as an oral complaint with the manager concerned, either privately or, if required, in the presence of a representative ▇▇▇▇▇▇▇ of the UnionBargaining Agent. If the Employee employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employeesemployees. The Employer will post on the bulletin boards, the names of the officials officers designated by the Employer to handle respond to each of the three (3) levels of the Grievance Proceduregrievance procedure. The Union is to Bargaining Agent will be supplied with copies given a list of said postingsthe names.
17.04 Subject to and as provided in section 206 Part 2 of the Federal Public Sector Labour Relations Act Act, as may be amended from time to time, an Employee employee who feels that they have been treated unjustly or consider considers themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the this specific complaint, such procedure must be followed; , and
(b) where the grievance relates to the interpretation or application of the this Collective Agreement or an arbitral award, the Employee is they are not entitled to present the grievance unless they have the approval of and is are represented by the UnionBargaining Agent.
17.05 An Employee employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and or security of Canada.
17.06 An Employeeemployee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF Grievance Presentation form or by reason of any technical irregularity. The form is obtainable from the NPF Employer’s Human Resources Office.
17.07 The grievance process applies to Employees employees only, but an Employee employee has the right to be represented by a representative ▇▇▇▇▇▇▇ in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being considered.
17.08 At the request of an Employee employee who has presented a grievance, a representative ▇▇▇▇▇▇▇ shall have the right to consult with the person designated to reply on management’s 's behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employeeemployee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employeeemployee. All levels in the grievance procedure, except the final level, may be by-passed with by the mutual consent of the Employer or its delegate, the Employee employee and, where applicable, a representative▇▇▇▇▇▇▇.
17.10 A grievance shall be presented by an Employeeemployee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; day after the day on which the Employee employee is notified orally or in writing, or where the Employee employee is not so notified, after the day on which the Employee employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee employee is not willing to accept the response to a grievance grievance, submitted to the first or second level level, and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee employee, in writing writing, by the Employer.
17.12 When an Employee employee does not receive a response to the grievance within fifteen (15) working days, the Employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employee’s grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one of the grievance process.
17.17 An Employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee to comply with the prescribed time limits.
17.18 Where an Employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee in the adjudication proceedings.fifteen
Appears in 1 contract
Sources: Collective Agreement
Grievance Procedures. 17.01 A grievance is a formal written allegation by a grievant who alleges a violation, misapplication or misinterpretation of a specific article, section, or provision of this Agreement.
A. The purpose of any grievance this procedure is to maintain good relations between Employees secure, at the lowest possible level, an equitable resolution of a grievance. Both parties agree that these proceedings will be kept as informal and management confidential as appropriate at all levels. The any level of the procedure.
B. Actions to challenge or change the policies of the District as set forth in law, policies, rules and regulations and procedures not contained within this Agreement, and/or actions for which another process is provided by law (e. g., discrimination) must be undertaken under separate processes.
C. This grievance procedure helps may not be used to do this by providing dispute a method decision regarding the granting of resolving complaints quickly and fairlytenure.
17.02 The D. Nothing contained herein will be construed as limiting the right of any faculty member having a grievance procedure provides an informal or oral complaint stage for Employees. Managers are available for private consultations with an Employee who wishes to discuss a complaint or the matter informally with the appropriate member of the administration, and to have the grievance adjusted without intervention by the Association, provided that the adjustment is consistent with the terms of this Agreement and that the Association has been given an opportunity to review the grievance. Before a formal grievance is presented, the Employee proposed resolution, and state its view.
▇. ▇▇▇▇▇ to filing a grievance at Level I below, the grievant is encouraged to discuss it as an oral complaint the potential grievance with the manager concernedhis/her ▇▇▇▇ or appropriate supervisor, either privately ordirectly or through the Association’s grievance representative or designee, with intent to resolve the grievance informally.
F. The grievant may be represented by an Association representative at all levels of the grievance procedure under Section IV below. Should the Association waive its rights to be present and/or state its view at any one stage of the procedure, the Association shall retain the right to do so at any or all subsequent stages of the grievance procedure.
G. If a grievance arises from action or inaction by the District administration, the aggrieved person shall submit such grievance directly to the Association and the Chancellor or designee, and if requirednecessary this grievance shall continue as specified in Level III (see Item IV, Section C, below).
H. If the grievance arises from action or inaction by the Chancellor, the grievance shall be submitted directly to the Association and to the Chancellor or designee. In the event that the grievance is not resolved between the grievant and/or the Association and the Chancellor or designee, the grievance will be submitted to the Board of Trustees through the Board President . If necessary, this grievance shall continue as specified in Level IV (see Item IV, Section D, below).
I. No reprisals of any kind will be taken by the presence of a Board, the Chancellor, any member or representative of the Union. If the Employee is not satisfied with the result of such discussions, a formal grievance may then be presented.
17.03 A three-level grievance procedure is provided to Employees. The Employer will post on the bulletin boards, the names administration of the officials designated District, or by the Employer to handle each Association, its officers or its members against any aggrieved person, any party in interest, any member of the three (3) levels of the Grievance Procedure. The Union is to be supplied with copies of said postings.
17.04 Subject to and as provided in section 206 of the Federal Public Sector Labour Relations Act as may be amended from time to timeAssociation, an Employee who feels that they have been treated unjustly or consider themselves aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in Article 17.09 except that,
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the specific complaint, such procedure must be followed; and
(b) where the grievance relates to the interpretation or application of the Collective Agreement or an arbitral award, the Employee is not entitled to present the grievance unless they have the approval of and is represented by the Union.
17.05 An Employee is not entitled to present a grievance relating to any action taken, direction or regulation given or made on behalf of the Government of Canada, respecting matters involving the safety and security of Canada.
17.06 An Employee, when submitting a grievance at any level, shall use the NPF Grievance Presentation Form. However, a grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the NPF form or by reason of any technical irregularity. The form is obtainable from the NPF Human Resources Office.
17.07 The grievance process applies to Employees only, but an Employee has the right to be represented by a representative participant in the grievance procedure at any level and at either, or both, the informal discussion (oral complaint) stage, or when the formal written grievance is being consideredby reason for such participation.
17.08 At the request of an Employee who has presented a grievance, a representative shall have the right to consult with the person designated to reply on management’s behalf at any level in the grievance procedure. At levels other than the final level the request for consultation may be made orally.
17.09 An Employee wishing to present a grievance shall do so:
(a) at the first level of the grievance procedure where the grievance does not relate to disciplinary action resulting in the discharge of the Employee; and
(b) at the final level of the grievance procedure where the grievance relates to disciplinary action resulting in the discharge of the Employee. All levels in the grievance procedure, except the final level, may be by-passed with the mutual consent of the Employer or its delegate, the Employee and, where applicable, a representative.
17.10 A grievance shall be presented by an Employee:
(a) where it does not relate to disciplinary action resulting in discharge, not later than the twentieth (20th) working day; and
(b) where it relates to disciplinary action resulting in discharge, not later than the twenty-fifth (25th) working day; after the day on which the Employee is notified orally in writing, or where the Employee is not so notified, after the day on which the Employee became aware of the action or circumstances giving rise to the grievance.
17.11 When an Employee is not willing to accept the response to a grievance submitted to the first or second level and wishes to submit the grievance to the final level, this must be done within ten (10) working days after the date on which the response was conveyed to the Employee in writing by the Employer.
17.12 When an Employee does not receive a response to the grievance within fifteen (15) working days, the Employee is entitled to submit the grievance to the next higher level.
17.13 The Employer shall reply to an Employee’s grievance at the first or second level of the grievance process within fifteen (15) working days after the grievance is presented, and within twenty-five (25) working days where the grievance is presented at the final level.
17.14 The time limits stipulated in the grievance procedure may be extended by mutual agreement between the Employer, the grievor and, where applicable, a representative.
17.15 In determining the time within which any action is to be taken in the grievance procedure, Saturdays, Sundays and designated holidays shall be excluded.
17.16 An Employee may abandon a grievance at any stage in the process by written notice to the officer who is designated to receive and to reply on behalf of the Employer at level one of the grievance process.
17.17 An Employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless in the opinion of the Employer or its delegate, it was not possible for the Employee to comply with the prescribed time limits.
17.18 Where an Employee has presented a grievance up to and including the final level with respect to disciplinary action resulting in discharge, suspension or a financial penalty, and the grievance has not been dealt with to the Employee’s satisfaction, they may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations, as may be amended from time to time.
17.19 When a grievance that may be presented by an Employee to adjudication is a grievance relating to the interpretation or application in respect of them of a provision of a Collective Agreement or an arbitral award, the Employee is not entitled to refer the grievance to adjudication unless the Union for the Bargaining Unit to which the Collective Agreement or arbitral award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication; and
(b) its willingness to represent the Employee in the adjudication proceedings.
Appears in 1 contract
Sources: Academic Employee Master Agreement