Grievance to Arbitration Clause Samples

Grievance to Arbitration a. If the grievant is not satisfied with the decision of the Department Head, the grievant or the grievant's representative may, within thirty
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Grievance to Arbitration a. If the grievant is not satisfied with the decision of the Department Head, the grievant or the grievant's representative may, within thirty (30) working days after the receipt of the decision of the Department Head, request arbitration and may request the State Mediation and Arbitration Service to supply the names of five (5) qualified arbitrators. Upon receipt of such request, the Labor Relations Office shall have ten (10) working days to review and seek adjustment of the grievance. When contacted by said State Service the Labor Relations Office shall endorse the request for names of arbitrators. b. If the grievance is not adjusted during the ten (10) working day period or until receipt of the submitted list of arbitrators, whichever date is later, an arbitrator shall be selected within five (5) working days by mutual agreement or, if unable to agree, the Labor Relations Office and the grievant or his/her representative shall then alternately strike names from the list until only one (1) name remains. Should either party fail within the time allotted to exercise the option to strike names from the list, the other party shall have the right to select from the remaining names. That person shall serve as arbitrator. Such five (5) day period for selection may be shortened or extended by mutual agreement of the Labor Relations Office and the grievant or his/her representative.
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Grievance to Arbitration. Date List Requested from FMCS:
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Grievance to Arbitration. Should the Administrator fail to render his decision as re- quired in Step number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this agreement, including any question at to whether a matter is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step number is given or within ten (10) working days following the meeting under Step number of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreement of the parties, if required, in writing. In determining the time within which any action is to be taken or completed under the terms of this agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. Letters of Reprimand Letters of reprimand are to be removed from employees’ personnel file after twelve (12) months from the date of discipline, except in the case of incidents involving third party interface residents and family where the record will remain on file. Records of suspension are to be removed from an employee’s personnel file after eighteen (18) months from the date of discipline, except in the case of incidents involving third party interface residents and family where the record will remain on file. An employee is receiving notice of suspension or discharge shall have the right if she so requests, to the presence of the union ▇▇▇▇▇▇▇, or if not available, a union committee member who is working on the current shift. Having provided a written request to the administrator at least one week in advance, an employee shall be entitled to her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein in the presence of a supervisor at a mutually satisfactory time. It is understood and agreed that an employee is not entitled to see job references. Employees are entitled to receive a copy of their performance evaluation if they so request in writing.
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Grievance to Arbitration. 1. If the aggrieved person is not satisfied with the decision of the Board or no decision has been reached within ten (10) school days thereafter, the Executive Council of the Association may submit the grievance for binding arbitration within twenty (20) school days after its receipt of the said request from the aggrieved person. 2. An employee seeking arbitration on a grievance must submit written acknowledgment from the Association. a) This must indicate that the Association allows the individual to seek redress through arbitration and that the Association will share the cost of the arbitrator in the manner described in this Agreement. 3. The employee or Association upon electing to submit a grievance to arbitration shall automatically waive all recourse to other remedies or forums which otherwise could be available. 4. Only grievances as defined in this Article (IV.A. 1.) are subject to binding arbitration. Any terms and conditions of employment not provided for in this Agreement shall not be subject to binding arbitration but may proceed to advisory arbitration.
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Grievance to Arbitration. Should the Administrator fail to render his decision as re- quired in Step number 3 or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this agree- ment, including any question as to whether a matter is arbitra- ble, the grievance may be referred to arbitration by either the Employer or the Union. If no written request for arbitration is received within five (5) working days after the decision under Step number 3 is given or within ten (10) working days following the meeting under Step number 3 of the grievance procedure, the grievance shall be deemed to have been abandoned and the same grievance shall not be the subject matter of a further griev- ance.
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Related to Grievance to Arbitration

  • GRIEVANCE AND ARBITRATION Full-Time and Part-Time 8.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. 8.03 At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. 8.04 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The grievor may have the assistance of a Union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed between the employee and his or her immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: Step 1 The Union shall submit the grievance, in writing, and signed by him or her, to the immediate supervisor or designate . The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Human Resources Department or designate. A meeting will then be held between the Human Resources Department or designate and the Union Representatives who may be accompanied by the Union ▇▇▇▇▇▇▇(s) or Grievance Committee as applicable of the Union, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Hospital shall be delivered in writing within ten (10) days following the date of such meeting to the Union Representative.

  • GRIEVANCE ARBITRATION Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

  • GRIEVANCE PROCEDURE & ARBITRATION It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible. If an employee has a complaint related to an alleged violation of the Collective Agreement may at option discuss it with immediate supervisor within three (3) days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a response to the complaint within three (3) days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union ▇▇▇▇▇▇▇ covered under this Collective Agreement. Grievances must be filed within fifteen (15) working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and Union ▇▇▇▇▇▇▇, presented to the Supervisor by the Union ▇▇▇▇▇▇▇ and (at their option). Both copies are to be returned by the Supervisor with signed comments to the Union ▇▇▇▇▇▇▇ within three (3) working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a ▇▇▇▇▇▇▇ or Union Official. Step If satisfaction is not obtained in Step the Union ▇▇▇▇▇▇▇, within five (5) working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union ▇▇▇▇▇▇▇, (at their option) and the Human Resources Consultant then render a decision in writing on the prescribed forms within five

  • GRIEVANCE ARBITRATION PROCEDURE 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable. 8.02 In all steps of this Grievance Procedure, the aggrieved nurse, if desired, may be accompanied by or represented by a nurse representative. 8.03 It is the mutual desire of the parties hereto that complaints of the nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Unit Manager the opportunity of adjusting her complaint. Such complaint shall be discussed with the Unit Manager within ten (10) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the nurse and failing settlement within five (5) days, it shall then be taken up as a grievance within ten (10) days following the Unit Manager's decision in the following manner and sequence: The nurse may submit a written grievance on the form set out in Appendix "A", signed by her, to the Unit Manager. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The Unit Manager will deliver her decision in writing within five (5) days of the submission of the grievance. Failing settlement, then: Within five (5) days following the decision in Step No. 1, the nurse may submit the written grievance to the Director of Resident Care who will deliver her decision, in writing, within five (5) days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within ten (10) days of receiving the decision under Step 2, the grievance, in writing, may be referred to the Chief Executive Officer who shall call a meeting of the Grievance Committee within five (5) days of receipt of same. Within five (5) days following the meeting, the Chief Executive Officer shall reply, in writing, to the nurse and the Chairperson of the Grievance Committee. If the decision is unsatisfactory to the nurse, it may be referred to arbitration within fifteen (15) days and the Chief Executive Officer so notified, in writing.