Common use of Grievances Clause in Contracts

Grievances. Step 1Any employee who believes that he/she has a justifiable complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacation.

Appears in 3 contracts

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

Grievances. Step 1Any employee who believes that he/she has a justifiable complaint involving The purpose of this Article is to provide the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule sole method for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy settlement of grievances as defined herein and such grievances shall be settled in accordance with the abovefollowing procedure: Step 1 Grievances shall be presented orally by the aggrieved employee to his immediate supervisor (regardless of whether that supervisor is a member of the negotiating unit) with or without his Association representative, at the employee's option, and within five (5) working days from the date of knowledge of the cause of occurrence giving rise to the grievance. If an discussion of the grievance with the immediate supervisor does not result in resolution of the grievance, then: Step 2 The aggrieved employee is absent shall submit his signed written grievance, using the attached grievance form, to the next level of supervision within his department or branch of government within ten (l0) working days from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period date of the vacation period allotted to her/initial discussion of the grievance with his immediate supervisor. If the level of supervision described above is the Superintendent of Schools, Step 2 and Step 3 shall be combined. After receipt of a written grievance at this step, the supervisor receiving the grievance shall convene a meeting, within ten (l0) working days of the date the written grievance was received by him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work between the aggrieved employee, his Association representative and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing supervisor or other representatives of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company Employer for the purpose of discussing resolving the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If If the grievance is not settled under the foregoing procedureresolved as a result of this meeting then, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that not later than three (3) copies of working days following the Union’s pre-hearing brief shall be filed with date the arbitrator meeting occurred, the Employer will deliver to the aggrieved employee and his Association representative its decision on the grievance in writing. If that decision is unacceptable to the employee, then within three (3) working days: Step 3 The aggrieved employee may then submit his grievance on the prescribed grievance form, to the Superintendent, who within ten (10) calendar working days after such request is delivered to he receives the Company written grievance will convene a meeting between the aggrieved employee, his Association representative and the Company shall, within ten (10) days following receipt Superintendent of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement Schools or other representatives of the facts and its positionEmployer, for the purpose of resolving the grievance. It If the grievance is understood by the parties that the intent not resolved as a result of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no this meeting, then not later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacation.ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. Step 1Any employee (a) It is the mutual desire of the Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. The parties also agree that it is desirable to resolve differences amicably and informally if possible, and that Employees and Supervisors should try to do so before matters become formal grievances. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who believes that he/she has are covered by this Agreement shall be required to follow the procedures laid down in this Article and any Employee who appeals directly to any Trustee or official of the Employer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, application, administration or alleged violation of the Collective Agreement including any question as to whether a justifiable complaint involving matter is arbitrable. (e) It is understood the scheduling same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resource Services or his/her vacation shall discuss his/her complaint with his/her department managerdesignate, with or without and the President and Chief ▇▇▇▇▇▇▇ of the Union representative at all steps. (g) Nothing in this Article precludes the Parties from mutually agreeing to grievance mediation during any stage of the grievance procedure. The agreement shall be made in writing and stipulate the name of the person and time for his/her plant area being present as the employee may electgrievance mediation to occur. The Parties will jointly, in equal shares, bear the expenses of the Mediator. (a) In the event of a grievance by an attempt to settle same. HoweverEmployee, any such employee may, instead, if he/she so desires, report the Employee shall take the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager Employer within and the area Union representative in the oral step, not after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen ten (1510) working days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period Employee became aware of the vacation period allotted incident or circumstances giving rise to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions grievor is entitled to be present at all steps in the Grievance Procedure. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/Employee(s) becoming aware of the incident or circumstances giving rise to the grievance. A grievance filed by a group of Employees or a policy grievance of the Union shall be taken up at Step 4 2 of Section the Grievance Procedure. (c) A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of Article 6 the Grievance Procedure. (d) A grievance which does not involve the immediate Supervisor may be taken up at Step 2 of the Grievance Procedure. 12.03 The following procedure shall apply be adhered to in processing grievances, save as otherwise provided in this Article: STEP 1 The Employee shall take the matter up with respect to such grievancethe Employee’s immediate Supervisor. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative The Employee may, within seven (7) calendar days after receipt of the Step 4 minutesif desired, request, in writing, that the matter be submitted to an arbitrator appointed accompanied by the parties heretoa Union ▇▇▇▇▇▇▇. The provisions of Section 1 of Article 7 immediate Supervisor shall apply with respect to such grievance except that have three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator working days within ten (10) calendar days after such request is delivered which to reply in writing to the Company and grievance. STEP 2 If the Company shallStep One (1) reply is not satisfactory to the Employee, the ▇▇▇▇▇▇▇ or the Chief ▇▇▇▇▇▇▇/Deputy Chief ▇▇▇▇▇▇▇ may, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacation.not after ten

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievances. Step 1Any employee who believes that he/she has a justifiable complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without 7.1 The Company and the Union representative for his/her plant area being present as agree that it is most desirable to resolve misunderstandings and disputes through discussions between the employee and the supervisor, and both the Company and the Union shall encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly and directly without necessarily having to resort to the following formal process. 7.2 Employees may electhave benefit of representation by Union officials at any of the steps in the procedure, in an attempt to settle same. Howeverand similarly management representatives may have benefit of counsel. 7.3 Formal grievances, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussionwhether individual or executive, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than raised within fifteen (15) days after of the vacation schedule for date on which the employee’s vacation scheduling unit is posted grievance becomes apparent, or otherwise made known ought to employees via written copy have become apparent. Grievances shall be in accordance writing on the approved grievance form, must identify the specific clauses in this Agreement that are being violated and provide specific details in writing with respect to the individuals whose rights have been violated and/or damages resulting from the breach of this Agreement and shall be dealt with in the following manner without stoppage of work. STEP I - The grievance shall be taken up with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period first-line out-of- scope supervisor who shall render a decision within three (3) STEP 2 - Within seven (7) working days of the vacation period allotted receipt of the decision in Step 1 in the case of individual grievances, and within fifteen (15) days of the date on which the grievance(s) becomes apparent or ought to her/himhave become apparent in the case of executive grievances, his/her complaint may the grievance shall be appealed as provided herein taken up with the appropriate Manager who shall render a decision within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If working days. STEP 3 - In the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, event that a decision is not rendered within seven (7) days after working days, or the mailing decision does not lead to a resolution of the Step 2 answergrievance in the view of the parties, request, in writing, a meeting the General Secretary of the Union or his/her designate shall immediately consult with the Step 4 Representative of the Company for the purpose of discussing the grievanceRegional Manager or his/her designate. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance If settlement is not settled under the foregoing procedure, then the Union Step 4 Representative may, achieved within seven a further fourteen (714) calendar working days after receipt of the Step 4 minutes, request, in writing, that the matter it may be submitted to an arbitrator appointed arbitration as hereinafter provided for. STEP 4 - A grievance is referred to arbitration by either party giving notice to the parties heretoother in writing of their intention to do so. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief Such written notice shall be filed with the arbitrator given within ten (10) calendar working days after such request is delivered to of the Company and the Company shall, within ten (10) days following receipt of notice decision at Step 3, or from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement expiry of the facts time limits at Step 3, whichever is the earlier. Within seven (7) working days of receipt of such written notice, each party shall appoint a nominee. Within a further seven (7) working days the nominees shall meet and its position. It is understood appoint NOTE: Time limitations in the preceding process may be extended by mutual agreement between the parties parties, provided that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days requests for extension are made prior to the scheduled starting date expiry of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationlimitation.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. Step 1Any employee 8.01 For purposes of this Agreement, a grievance is a violation or alleged violation of this Agreement, or a matter relating to or involving the interpretation, application or administration of this Agreement. 8.02 The Company, Union and Employees agree that complaints and grievances should be addressed as quickly as possible. 8.03 The Company and Union encourage Employees to bring any complaints to the attention of the Camp Manager for consideration before a grievance is filed. When discussing a complaint with the Camp Manager, an Employee has the right to be accompanied by his Shop ▇▇▇▇▇▇▇. If, after bringing the matter to the attention of the Camp Manager, the Employee is still not satisfied, a written grievance may be filed. 8.04 All grievances to be processed hereunder shall be filed in writing, signed by the Employee, and shall set forth the essential facts of the grievance, with reference to the Employee’s particular claim, the Article(s) of this Agreement under which the grievance is filed, and the redress claimed. Such written grievance shall then form the basis of the grievance through all the steps of the grievance procedure and arbitration process. 8.05 An Employee who believes that he/she has a justifiable complaint involving grievance as defined above shall continue to perform his assigned duties. 8.06 Grievances meeting the scheduling above requirements shall be processed within the time limits and in the manner stated below: Step 1: A written grievance shall be prepared and presented to the Camp Manager within ten (14) days of his/her vacation the occurrence of the event giving rise to the grievance. Within five (7) days of receipt of the written grievance, the Camp Manager shall discuss his/her complaint with his/her department managerprovide a written response to the Employee who signed the grievance and a copy to the staff representative(s) assigned to represent the Employees. Step 2: If settlement is not reached at Step 1, with a Shop ▇▇▇▇▇▇▇ or without staff representative of the Union may submit the grievance to the Step 3: If settlement is not reached at Step 2, a staff representative for his/her plant area being present as of the employee Union may elect, in an attempt submit the grievance to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein Chief Operating Officer within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties heretoarea manager’s written response. The provisions of Section 1 of Article 7 Company’s Operation’s Manager shall apply meet with respect to such or otherwise discuss the grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, staff representative within ten (10) days following of his receipt of notice the grievance. The Company’s Operations Manager shall provide a written response within fifteen (15) days of his receipt of the grievance. 8.07 When two or more Employees wish to file a grievance arising from the arbitrator that the Union has submitted same alleged violation of this Agreement, such grievance must be handled as a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts Group Grievance and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is presented to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as Operation’s Manager at Step 2 of the grievance procedure but in no event not more than ten (14) days from the occurrence of the event giving rise to the scheduling required grievance. 8.08 The Union shall have the right to insure the orderly operation initiate a policy grievance or grievance of a general nature. The Company may also file a grievance for an alleged violation of this Agreement. Such grievances shall be initiated at Step 3 of the plant grievance procedure. 8.09 If settlement is not reached at Step 3, a grievance may be referred to Arbitration as set forth in Article 9. The Union shall be evaluated on notify the basis Company of its intent to seek arbitration by written notice served by registered mail within fourteen (14) days of receipt of the information reasonably available to Operations Manager response after completion of Step 3 of the grievance procedure. 8.10 All time limits for the filing and processing of grievances are mandatory and any non-compliance with such time limits shall result in the grievance being deemed abandoned. Notwithstanding the foregoing, the Company at and the Union may, by agreement in writing, extend or waive any time limit. 8.11 The Company agrees to provide the Company scheduled Union, by registered mail or e-mail, the vacationnames and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for the Camp Manager and Operation’s Manager. 8.12 The Union agrees to provide the Company, by registered mail or e-mail, the names and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for Shop Stewards and staff representative(s) assigned to represent the Employees.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievances. Step 1Any a) The purpose of this Article is to establish a grievance procedure on wages, salaries, hours and working conditions for which appeal is not provided by other regulations. The procedure is a systematic means of obtaining further consideration of a problem after reasonable efforts to resolve it through discussion has failed. Grievances should be settled as near as possible to their source and in as informal a setting as possible. b) An employee who believes that he/she has should first attempt to resolve a justifiable complaint involving grievance through discussion with the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or supervisor without the Union representative for his/her plant area being present as delay. If the employee may elect, in an attempt to settle same. However, any is not satisfied with such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, then the employee has the right to talk with the supervisor's supervisor. If the employee does not agree with the decision reached through such discussion, within ten (10) days of the decision a formal written grievance may be filed. Informal grievances shall take it up not be taken above the department or division head. c) Formal written grievances shall be presented to the department head. The department head shall review the grievance with the employee’s department manager in a sincere effort . Employees have the right to resolve the problembe represented at any such reviews. The provisions of Article 6, Section 3 department head shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at send a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 written decision to the Fourth Step no later than employee within fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 receipt of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply If the employee does not agree with respect to such grievance. Step 5If the decision, or if no answer is received within fifteen (15) calendar days, the employee may present the grievance is not settled under to the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt City Manager in writing. Failure of the Step 4 minutes, request, in writing, that the matter be submitted employee to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator take further action within ten (10) calendar days after such request of receipt of the decision, or within twenty-five (25) calendar days if no decision is delivered rendered shall be deemed withdrawal of the grievance. The City Manager, or designated representative, shall review the grievance with the employee, the employee's representative, if any, and with all other appropriate persons. The City Manager may also appoint a fact-finding committee or other employee not in the normal line of supervision to give advice on the grievance. The City Manager shall render a decision to the Company and employee in writing within twenty (20) calendar days after receiving the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement grievance. The decision of the facts City manager shall be final and its position. It is understood binding. d) The time limits specified above may be extended to definite dates by the parties that the intent mutual consent of the foregoing parties. e) An employee may request assistance from another person of their choosing in preparing for and presenting a grievance and arbitration procedure is to obtain the issuance at any level of a decision review. Preparation of grievances shall not be done on CITY time or in arbitration no later than sixty (60CITY facilities. f) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant Employees shall be evaluated on assured freedom from reprisal for using the basis of the information reasonably available to the Company at the time the Company scheduled the vacationgrievance procedure.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

Grievances. Step 1Any 8.01 The Union shall elect or otherwise appoint a Grievance Committee, which shall be recognized by the University for the purpose of grievance adjustment. The Union shall advise the University of the names of the Committee as well as such changes in its personnel as may occur from time to time. 8.02 Any employee who believes having a complaint should discuss the matter with their immediate supervisor. An employee, upon their request, may be accompanied by a member of the Grievance Committee during such discussions. 8.03 Any employee may present their complaint personally or may be represented or assisted by a member of the Grievance Committee. Such employee shall be entitled to examine documents pertinent to their personal complaint. 8.04 (Stage One) Any complaint that he/she has a justifiable complaint involving not been dealt with to the scheduling satisfaction of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint concerned may be appealed presented as provided in Step 2 of Section 3 of Article 6 a written grievance to the Fourth Step no later than fifteen (15) Department Head/Designate within 15 working days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned circumstances giving rise to the plant maygrievance. 8.04.1 The Department Head/Designate shall, within seven (7) days after the mailing upon receipt of the Step 2 answergrievance, request, in writing, schedule a meeting with the Step 4 Representative grievor and a representative of the Company for the purpose of discussing Union to hear and discuss the grievance. The provisions of Step 4 of Section 3 of Article 6 This meeting shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, be held within seven (7) calendar 10 working days after receipt of the Step 4 minutesgrievance. Following the meeting, requestthe Department Head/Designate will give a written decision within 3 working days. 8.05 (Stage Two) If the grievance is not resolved at Stage One, it may be presented to the Director, Employee and Labour Relations in Human Resources or their designate within 10 working days after the Stage One decision has been received. 8.05.1 Upon receipt of the grievance, the Director, Employee and Labour Relations in Human Resources or their designate will meet with the Grievance Committee, and a representative of the Canadian Union of Public Employees, to discuss the matter. This meeting shall be held within 10 working days after the receipt of the grievance. A written decision on the grievance will be given within 5 working days after the meeting. 8.06 The time limits specified in Articles 8.04 and 8.05 may be extended by mutual consent. The parties agree that employees should not harbour grievances; they should bring them to the attention of the Employer without delay. Accordingly, it is agreed that no grievance shall be considered unless submitted in writing within 15 working days or as soon as the circumstances giving rise to the grievance are known. 8.07 Any difference arising directly between the Union and the Employer involving the interpretation or alleged violation of this Agreement which cannot otherwise be dealt with under this Article because of the inability or refusal of an employee to submit a grievance, or where the grievance affects a group of employees, or a department, or the University as a whole, may be submitted by the Union in writing, that at the second stage, and dealt with as a proper grievance under the grievance procedure. Failing satisfactory solution within the time period spelled out in Article 8.06 such grievances may be referred to Arbitration. 8.07.1 Any such grievance, as described above, which refers to a matter involving only one department, shall be submitted at Stage One to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies Department Head/Designate of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationdepartment concerned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievances. Step 1Any Any employee to whom this Agreement is applicable and who believes that he/she has a justifiable complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form claims to be furnished aggrieved by any action of the Company. Step 2The employee’s complaint Authority or its officials, whether occasioned by discharge, suspension or other discipline or whether because of alleged unjust treatment or failure to apply to him any of the benefits of this Agreement to which he believes himself entitled, may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy proceed in accordance with the above. If following grievance procedure (except that when an employee is absent from has been discharged, suspended or otherwise disciplined after an investigation under the plant during final paragraph of the entire posting preceding Section hereof, he may go directly to his Superintendent, Lead ▇▇▇▇▇▇▇, Manager or notification period due to illnessDirector when none of the others exist, injuryas in Section 1.12(f) provided). Saturdays, Sundays and holidays will not be considered in computing the time in the following steps. 1. The Employee, or being on vacation his accredited Union representative, shall personally and is not otherwise notified during such posting or notification period of informally present the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the alleged grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant mayDispatcher, ▇▇▇▇▇▇▇ or other official immediately superior to him in rank, within seven (7) days after same has come to his attention, otherwise it shall not be considered; and, in presenting such alleged grievance, the mailing Employee may be accompanied by a duly accredited representative of the Step 2 answerUnion if he so desires; and if such alleged grievance is presented in time and is not adjusted to his satisfaction within two (2) days thereafter; then 2. The Employee shall present his alleged grievance in writing on the proper grievance form, requesteither individually or through a duly accredited representative of the Union, to his Superintendent, Lead ▇▇▇▇▇▇▇, Manager or Director at a time to be agreed upon with the latter, when none of the others exist, within five (5) days after his immediate superior has acted or should have acted. If not adjusted in writing to his satisfaction within five (5) days after presentation, then 3. The Employee may appeal to the Director, or his designated representative by filing therewith, individually or through a duly accredited representative of the Union and within five (5) days after the Superintendent, Lead ▇▇▇▇▇▇▇ or Manager has acted or should have acted, a complaint in writing, a meeting with setting forth the Step 4 Representative alleged grievance and stating the action of the Company Superintendent, Lead ▇▇▇▇▇▇▇ or Manager; whereupon the Director or his designated representative, shall set the case down for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is a hearing at a specified place, date and time not settled under the foregoing procedure, then the Union Step 4 Representative may, within more than seven (7) calendar days thereafter, giving at least two (2) days' notice thereof to the Employee or his representative, and shall render a decision thereon in writing and deliver copies thereof to the Employee and to the President of the Union within five (5) days after the close of the hearing. The third step of the grievance procedure will be held either during working hours or immediately preceding, or immediately following the Employee's run or shift. If held during nonworking hours and the grievance is upheld, the grievant will be paid up to one-half (1/2) hour at his regular hourly rate. 4. If the Director's decision is not satisfactory, then the dispute may be referred to arbitration by the Union by delivering a notice of intent to arbitrate to the Deputy General Manager within five (5) days of the Union's receipt of his decision. Arbitration shall be invoked only by the Union and, if it is not, the dispute shall be resolved according to the last answer in the grievance procedure. The Union may intervene and participate in the handling of a grievance or dispute at any level of the grievance procedure and no settlement may be reached between the Authority and an employee at Step 4 minutes2 or above without the Union's knowledge and approval. The Union and Authority may mutually agree to settle, requestcompromise, in writingdismiss or resolve any dispute, that disagreement, claim, controversy or problem at any time or at any grievance step before the Arbitration Board issues its final and binding decision. The matter may be submitted to an arbitrator appointed regular or expedited arbitration. Expedited arbitration must be by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationmutual consent.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. The purpose of this Article is to establish a procedure for the settlement of all disputes which may arise to wages, hours of work, working conditions and other matters affecting bargaining unit associates in the plant. The Company will provide grievance forms. Step 1Any employee 1. Any associate or group of associates having a grievance shall first take the matter up with their Production Supervisor who believes that he/she has a justifiable complaint involving will attempt to resolve it. If requested, the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without Production Supervisor will send for the Union representative for his/her plant area being who will then discuss the complaint with the concerned Production Supervisor. Any resolution agreed upon between the Supervisor and Associate where a union representative is not present as will be without prejudice or precedent. Step 2. If the employee may elect, complaint is not satisfactorily resolved within twenty-four hours the Union representative will then submit a written grievance signed by the complaining associate(s) citing the incident and the provisions of the agreement that are claimed to have been violated. The company will respond to the grievance in an attempt writing by the end of the second work day following the date of the written grievance. The grievance shall be considered settled on the basis of the Company’s response if the Union fails to settle samegive written notice by the end of the second work day following the date of the Company’s response that it desires to proceed to Step 3. Step 3. However, any such employee may, instead, if he/she so desires, report If the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed resolved in Step 2, it will be addressed at the International Representative assigned next third step meeting, which will be between the Plant Committee and Company representatives every two (2) weeks. The Company will respond to the plant may, within seven (7) days after grievance by the mailing end of the third work day following the date of the Step 2 answer3 meeting. The grievance will be settled based on the Company’s Step 3 response if the Union fails to give written notice by the end of the third work day following the Company’s Step 3 response that it desires to proceed to Step 4. If there are no grievances to be discussed, requestthe bargaining committee will meet among themselves to discuss other plant concerns including such performance issues as Scrap, R.P.P.M.’s, First Time Capability, and Machine Utilization. Further, the Committee can invite up to four other union representatives to attend this meeting. Step 4. If the matter is not resolved in writingStep 3, a meeting with the Step 4 Plant Committee and it’s National Representative (or their designate) and/or it’s Local President (or their designate) and Plant Manager or designate will be held within 30 calendar days of the Company for Union’s written response to the purpose of discussing the grievanceCompany’s third step disposition. This thirty (30) day period may be extended by mutual agreement. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect Company will respond to such grievance. Step 5If the grievance is not settled under by the foregoing procedure, then end of the Union Step 4 Representative may, within seven (7) calendar days after receipt third work day following the date of the Step 4 minutes, request, in writing, meeting. The grievance will be settled on the basis of the Company’s Step 4 response if the Union fails to give written notice by the end of the tenth calendar day following the Company’s Step 4 response that it desires to proceed to Step 5. Step 5. If the matter be submitted is not resolved in Step 4, the Union may request arbitration by sending a letter (within 10 days of its response to an arbitrator appointed by the Company’s Step 4 response). Within five (5) days of the giving of written notice both parties hereto. The provisions will exchange lists of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of proposed arbitrators. In the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request event that no name is delivered to the Company and the Company shallcommon on both lists, either party may within ten (10) days following receipt after the lists have been exchanged request the Minister of notice from Labour of Ontario to submit a list of five available arbitrators. The parties shall then attempt to agree on one of the arbitrator that the Union has submitted five or request a pre-hearing briefnew list. In order for a complaint to be processed as a grievance, file it must be filed no later than three (3) copies of a pre-hearing brief setting forth a statement working days after the alleged occurrence, or when the grievor could reasonably be expected to have become aware of the alleged occurrence. This and all other response times mentioned throughout this procedure may be extended by mutual agreement. No reasonable requests will be denied. Each party shall endure its own expense and costs in litigating an arbitration case. The arbitrator’s ▇▇▇▇ shall be paid 50% by each party. The arbitrator shall have no authority to add to or subtract from the written agreement. The arbitrator’s award shall be binding upon all parties. Prior to a grievance being arbitrated, mediation may be used to settle the grievance providing both parties agree. The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an associate. The grievance will be lodged in writing at the fourth step, within three (3) working days after the suspension or discharge occurred. If the decision of the Company is not satisfactory to the Union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. The parties agree that a special 3rd Step meeting may be held when a suspension or termination has been issued, to ensure all facts and its positionare discussed prior to proceeding to the 4th step. It is understood Policy grievances may be filed by the parties that the intent Committee on behalf of the foregoing Union or the associates at the third step, providing it is within three (3) working days of the alleged violation. The term working days when used in this agreement for grievance procedure, shall exclude Saturdays, Sundays, Holidays and arbitration procedure is to obtain Vacations as defined herein. Throughout all the issuance steps of a decision in arbitration no later than sixty (60) days prior the grievance procedure, the time limits shall apply equally to the scheduled starting date Union and the Company, but can be exceeded by mutual agreement. Anytime either of the vacation. In parties fail to respond within the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation time limits or agreed upon extension of the plant shall time limits, they will default their position and the grievance will be evaluated settled based upon the other party’s last written request. Such settlement, however, will be on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationa non-precedent setting basis.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievances. Step 1Any employee who believes that he/she has a justifiable complaint involving ‌ 30.01 Any complaints, disagreements or differences of opinions between the scheduling parties hereto, concerning the interpretation, application, operation of his/her vacation shall discuss his/her complaint with his/her department managerthe Agreement, with or without violation of the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussionterms and provisions of this Agreement, shall take it up with be considered a grievance, subject to the employee’s department manager in a sincere effort to resolve the problem. The grievance and arbitration provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solutionthis Agreement. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form Employees found to be furnished by unacceptable to the Company. Step 2The employeeEmployer’s complaint Bonding Company may be appealed as provided in Step 2 of Section 3 of Article 6 discharged at the Employer’s discretion. 30.02 Grievances must be submitted to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, requestEmployer, in writing, not later than ten (10) working days from the event giving rise to the grievance, or it shall be waived by the aggrieved party. 30.03 No employee shall be subject to a meeting with disciplinary interview or be given a written reprimand, warning letter, or be suspended or dismissed except in the Step 4 Representative presence of a shop ▇▇▇▇▇▇▇, or in his or her absence, another member of the bargaining unit, selected by the employee. When a shop ▇▇▇▇▇▇▇ is present in the workplace, they shall be used as a witness for discipline unless the employee being disciplined chooses otherwise. Verbal coaching or notes to file in an employee’s personnel file shall not be considered a step in part of the progressive disciplinary process. Upon request, employees shall be given copies of any discipline documented in their personnel file. Where appropriate, discipline shall be conducted on Company time at or near the end of the employee’s shift. 30.04 Employees may request their right to the presence of a shop ▇▇▇▇▇▇▇ or in his absence another member of the bargaining unit as selected by the employee during a random security check of bags, purses and parcels. 30.05 If the ▇▇▇▇▇▇▇ or another member of the bargaining unit is present during the reprimand, warning letter or security check, he may advise the employee. 30.06 The procedure for the purpose adjustment of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 grievance and disputes by an employee shall apply with respect to such grievance. Step 5If the grievance is be as follows: cannot settled under the foregoing procedurebe reached within five (5) days, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days days; Disciplinary reprimands and suspensions which predate twenty-four (24) months of continuous discipline free employment shall not be used in any disciplinary action after such request is delivered that time. Notwithstanding, disciplinary warnings, reprimands and/or suspensions dealing with Violence/Harassment shall not be subject to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationthis clause.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Grievances. Step 1Any employee who believes that he/she has The purpose of this Article is to establish a justifiable complaint involving procedure for the scheduling settlement of his/her vacation shall discuss his/her complaint with his/her department managerall disputes, with or without the Union representative for his/her plant area being present which may arise as the employee may electto wages, in an attempt to settle same. Howeverhours of work, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager working conditions and the area Union representative other matters affecting bargaining unit employees in the oral step, after full discussion, feel the need for aid in arriving at a solutionplant. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to Grievance forms will be furnished provided by the Company. Step 1. Any employee having a grievance shall first take the matter up with his supervisor or committee person who will then discuss the complaint with the concerned supervisor. Step 2The employee’s 2. If the complaint may be appealed as provided in Step 2 is not satisfactorily resolved within twenty four hours the committee person will then submit a written grievance signed by the complaining employee citing the incident and the provisions of Section 3 of Article 6 the agreement that are claimed to have been violated. The Company will respond to the Fourth grievance in writing by the end of the third work day following the date of the written grievance. The grievance shall be considered settled on the basis of the Company's response if the Union fails to give written notice by the end of the third work day following the date of the Company's response that it desires to proceed to Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above3. Step 3. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and matter is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed resolved in Step 2, it will be addressed at the International Representative assigned next third step meeting, which will be held between the bargaining committee (one additional union representative may attend upon mutual consent of the parties, providing it is done on their own time) and Company representatives every two weeks. The Company will respond to the plant may, within seven (7) days after grievance by the mailing end of the third work day following the date of the Step 2 answer3 meeting. The grievance will be settled based on the Company's Step 3 response if the Union fails to give written notice by the end of the third work day following the Company's Step 3 response that it desires to proceed to Step 4. If there are no grievances to be discussed, requestthe bargaining committee will meet among themselves to discuss other plant concerns including such performance items as Scrap, R.P.P.M.'s, First Time Capability, and Machine Utilization. Further, the Committee can invite up to four other union representatives to attend this meeting Step 4. If the matter is not resolved in writingStep 3, a meeting with the Step 4 bargaining committee and its National Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, and or its Local President and Plant Manager or his designate will be held within seven (7) 30 calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered 's written response to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its positionCompany's third step disposition. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacation.This thirty

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. Step 1Any SECTION 1, Any employee or group of employees who believes con­ sider that he/she has they have a justifiable complaint involving grievance arising out of the scheduling meaning or application of his/her vacation any of the provisions of this agreement shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in make an attempt ▇▇▇▇▇▇▇ effort to settle same. However, any such the same immediately (after working hours) in the following manner: (a) The aggrieved employee may, instead, if he/she so desires, report or employees shall first take up the matter directly with the ▇▇▇▇▇▇▇ or other person in charge of the department in which such aggrieved employee or empployees are then employed. (b) If the matter be not adjusted pursuant to his/her Union representative for his/her plant area. In such eventthe provisions of subdivision "a” hereof, such Union representative, if he/she believes the complaint merits discussion, tho matter shall take it be taken up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6House Manager, Section 3 and said aggrieved employee or employees shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form then be entitled to be furnished re­ presented by a member of the Union's Shop Committoo if desired. (c) If tho procedure specified in subdivisions "a" and ”b" hereof has not resulted in an adjustment, tho matter shall then bo takon up with the executive committee of the Board of Directors of the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 , said aggrieved employee or employees to again il " ' ■' *■ ' <!' ,M have the privilege of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, represented by a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies member of the Union’s pre-hearing brief Shop Committee if desired. (d) If the procedure specified in subdivisions Wa","b”, and "c" hereof has not resulted in the adjustment of the natter in dispute, then an ▇▇▇▇▇▇▇ effort shall be filed with made to adjust the arbitrator within ten matter between a representative or representatives of the Union and a representative or representa­ tives of the Company. (10e) calendar days after such request is delivered If no.agreement has been reached pursuant to the procedure specified in subdivisions "air, "b", "c", and "d" hereof, the Company and the Union agree to submit the matter to arbitration and to accept the decision of the majority of an Arbitration Board consisting of one member se­ lected by the Company shall, within ten (10) days following receipt of notice from the arbitrator that and ono member selected by the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement and the third selected by the two mombors nominated as above; all oxpensos of the facts and its position. It is understood Arbitration Board to be borno equally by the parties Company and the Union; provided, howovor, that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant arbi­ tration shall be evaluated on resorted to only for the basis settle- r. ment x>f such grievances as come within the scope of this Article VII and shall not include the information reasonably available establishment of rates of pay, wages, hours of employment and other conditions of employment to be observed between the parties hereto which are recognized as basic subjects of collective bargaining. (f) The Union Shop Committee and the Company shall meet regularly after working hours on such dates and at such time as may be agreed upon between them for the time the Company scheduled the vacationpresentation of grievances, if any, and for discussion of any other matters that may be brought up.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Grievances. Step 1Any employee The purpose of this is to establish a procedure for the settlement of all disputes which may arise to wages, hours of work, working conditions and other matters affecting bargaining unit associates in the plant. The Company will provide grievance forms. Any associate or group of associates having a grievance shall first take the matter up with their Production Supervisor who believes that he/she has a justifiable complaint involving will attempt to resolve it. If requested, the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without Production Supervisor will send for the Union representative for his/her plant area being who will then discuss the complaint with the concerned Production Supervisor. Any resolution agreed upon between the Supervisor and Associate where a union representative is not present as will be without prejudice or precedent. If the employee may elect, complaint is not satisfactorily resolved within twenty-four hours the Union representative will then submit a written grievance signed the complaining citing the incident and the provisions of the agreement that are claimed to have been violated. The company will respond to the grievance in an attempt writing by the end of the second work day following the date of the written grievance. The grievance shall be considered settled on the basis of the Company’s response if the Union fails to settle same. However, any such employee may, instead, if he/she so desires, report give written notice by the end of the second work day following the date of the Company’s response that it desires to proceed to Step Step If the matter directly to his/her Union representative for his/her plant area. In such eventis not resolved in Step it will be addressed at the next third step meeting, such Union representative, if he/she believes which will be between the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problemPlant Committee and Company representatives every two (2) weeks. The provisions of Article 6, Section 3 shall apply if Company will respond to the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished grievance by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period end of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to third work and processed in accordance with step 2 of this Article. Step 4If day following the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing date of the Step 2 answermeeting. The grievance be settled based on the Company’s Step response if the Union fails to give written notice by the end of the third work day following Company’s Step response that it desires to proceed to Step If there are no grievances to be discussed, requestthe bargaining committee will meet among themselves to discuss other plant concerns including such performance issues Scrap, First Time Capability, and Machine Utilization. Further, the Committee can invite up to four other union representatives to attend this meeting. If the matter is not resolved in writing, Step a meeting with the Step 4 Plant Committee and it’s National Representative (or their designate) and/or it’s Local President (or their designate) and Plant Manager or designate will be held within calendar days of the Company for Union’s written response to the purpose of discussing the grievanceCompany’s third step disposition. This thirty (30) day period may be extended by mutual agreement. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect Company will respond to such grievance. Step 5If the grievance is not settled under by the foregoing procedure, then end of the Union Step 4 Representative may, within seven (7) calendar days after receipt third work day following the date of the Step 4 minutes, request, in writing, meeting. The grievance will be settled on the basis of the Company’s Step response if the Union fails to give written notice by the end of the tenth calendar day following the Company’s Step response that it desires to proceed to Step If the matter be submitted is not resolved in Step the Union may request arbitration by sending a letter (within days of its response to an arbitrator appointed by the Company’s Step response). Within five (5) days of the giving of written notice both parties hereto. The provisions will exchange lists of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of proposed arbitrators. In the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request event that no name is delivered to the Company and the Company shallcommon on both lists, either party may within ten (10) days following receipt after the lists have been exchanged request the Minister of notice from Labour of Ontario to submit a list of five available arbitrators. The parties then attempt to agree on one of the arbitrator that the Union has submitted five or request a pre-hearing briefnew list. In order for a complaint to be processed as a grievance, file it must be filed no later than three (3) copies of a pre-hearing brief setting forth a statement days after the alleged occurrence, or when the could reasonably be expected to have become aware of the alleged occurrence. This and all other response times mentioned throughout this procedure may be extended by mutual agreement. No reasonable requests will be denied. Each party shall endure its own expense and costs in litigating an arbitration case. The arbitrator’s bill shall be paid by each party. The arbitrator shall have no authority to add to or subtract from the written agreement. The arbitrator’s award shall be binding all parties. Prior to a grievance being arbitrated, mediation may be used to settle the grievance providing both parties agree. The following special procedure shall be applicable to a grievance alleging improper discharge or suspension of an associate. The grievance will be lodged in writing at the fourth step, within three (3) working days after the suspension or discharge occurred. the decision of the Company is not satisfactory to the Union, the matter may then proceed on the giving of the prescribed notice of appeal to an impartial arbitrator selected as herein provided. The parties agree that a special 3rd Step meeting may be held when a suspension or termination has been issued, to ensure all facts and its positionare discussed prior to proceeding to the 4th step. It is understood Policy grievances may be filed by the parties that the intent Committee on behalf of the foregoing Union or the associates at the third step, providing it is within three (3) working days of the alleged violation. The term working days when used in this agreement for grievance procedure, shall exclude Saturdays, Sundays, Holidays and arbitration procedure is to obtain Vacations as herein. Throughout all the issuance steps of a decision in arbitration no later than sixty (60) days prior the grievance procedure, the time limits shall apply equally to the scheduled starting date Union and the Company, but can be exceeded by mutual agreement. Anytime either of the vacation. In parties fail to respond within the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation time or agreed upon extension of the plant shall time limits, they will default their position and the grievance will be evaluated settled based upon the other party’s last written request. Such settlement, however, will be on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationa non-precedent setting basis.

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any For the purposes of this agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is No grievance shall be considered where the circumstances giving rise to it occurred or to the knowledge of the exceeding the time limits specified below. All complaints and grievances shall be taken up in the following manner: An employee who believes that he/she has having a justifiable question or complaint involving shall refer it to his immediate supervisor within four (4) working days of the scheduling of his/her vacation actual occurrence leading to the question or complaint. The supervisor shall discuss his/her complaint with his/her department managerreply to the employee, with or without giving the Union representative for his/her plant area being present as the employee may elect, in an attempt answer to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with or question within four (4) working days from the employee’s department manager in a sincere effort to resolve the problemdate of submission. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form If further action is then to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen taken, then within five (155) days after the vacation schedule for decision is given in Step No. the employee’s vacation scheduling unit , who may request the assistance of or ▇▇▇▇▇▇▇, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is posted understood that at such a meeting the Administrator or otherwise made known his designated representative may have such counsel and assistance as he may desire and that the employee may have his that the Union Representative or an International Representative of the Union may also be present at the request of the employee or the Employer. The decision of the Administrator or his designated representative shall be given in five (5) working days following the meeting. Should the Administrator fail to employees via written copy render his decision as required in accordance with Step No. or failing settlement of any grievance under the aboveforegoing procedure arising from the interpretation, application, administration or alleged of this Agreement, including any question as to whether a is arbitrable, the grievance may be referred to arbitration by either the Employer or the Union. If an employee no written request arbitration is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein received within seven five (75) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) working days after the mailing of the decision under Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievanceNo. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator given or within ten (10) calendar working days after such request is delivered following the under Step No. of the grievance procedure, whichever occurs first, the grievance shall be deemed to the Company have been and the Company shall, within ten (10) days following receipt of notice from same grievance shall not be the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies subject of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationfurther grievance.

Appears in 1 contract

Sources: Collective Agreement

Grievances. An ▇▇▇▇▇▇▇ effort shall be made to promptly settle complaints in the following order and manner: Step 1Any 1: The employee who believes that he/she has a justifiable complaint involving and the scheduling of his/her vacation ▇▇▇▇▇▇▇ shall discuss his/her his complaint with his/her department managerhis immediate supervisor within seven (7) days following the date the incident occurred that gave rise to the complaint; however, with or without if the Union representative for his/her plant area being present as incident occurred while the employee may electwas on an excused absence and he had no knowledge of it until his return to work, in an attempt the seven (7) day period shall begin on his first scheduled work day following the return from the absence. The employee, his shop ▇▇▇▇▇▇▇, and his supervisor are encouraged to make every possible effort to settle samethe grievance at this stage. However, any such The supervisor shall reply to the employee may, instead, if he/she so desires, report within three (3) days of the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes date the complaint merits discussionwas brought to his attention. When the Company immediately agrees to resolve the issue, the Company will provide written documentation to the personnel department and Union in lieu of the formal grievance procedure. Step 2: A complaint, which is not resolved between the employee and his supervisor, must be reduced to writing and submitted to the department manager within seven (7) days of the supervisor’s reply. The department manager and/or his designated representative and ▇▇▇▇▇▇▇ involved shall take it up meet with the employee’s department manager in , a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager local union officer and the area Union representative ▇▇▇▇▇▇▇ within seven (7) days of the date the written grievance was received. He shall give his written answer within three (3) days of the date of the meeting. Step 3: An appeal of the department manager’s answer must be made in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 writing to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted Plant Manager or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein his designated representative within seven (7) days after his/her return to work and processed in accordance receipt of the department manager’s answer by the local Union. As a result of a meeting attended by the Plant Manager or his designated representative, together with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to or his designated representative, a committee representing the plant mayLocal Union, plus the aggrieved employee, a discussion of the appealed grievance shall take place within seven nine (79) days after the mailing of the Step 2 answer, request, in writing, a meeting with date the Step 4 Representative of the Company for the purpose of discussing the grievanceappeal notice was received. The provisions of Step 4 of Section 3 of Article 6 Plant Manager shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, give his answer within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationmeeting.

Appears in 1 contract

Sources: Labor Agreement (Blue Ridge Paper Products Inc)

Grievances. §1. In the event that any difference or dispute should arise between the City and the Union, or its members employed by the City, over the application and interpretation of the terms of this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle such differences immediately and in the following manner, provided the grievance is presented in writing within five working days of its occurrence or employee’s reasonable knowledge thereof: Step 1Any employee who believes that he/she has a justifiable complaint involving 1: Between the scheduling of his/her vacation shall discuss his/her complaint with his/her department manageraggrieved employee, with or without the Union representative for his/her plant area being present as the employee may elect▇▇▇▇▇▇▇, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to and his/her Union representative for his/her plant areaImmediate Supervisor. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussionIf no satisfactory agreement is reached within three working days, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, requestsubmit a grievance, in writing, a to the second step within five working days from the verbal answer from the aforesaid Immediate Supervisor. The grievance submitted to the second step must include several suggested dates/times for the second step meeting with so that the meeting can be held within 30 days. Step 4 Representative 2: Between Union Officials, Immediate Supervisor, Shop ▇▇▇▇▇▇▇ and Grievant and Superintendent of the Company for respective division and other City officials. If no satisfactory agreement is reached within five working days, the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If Union may submit the grievance is not settled under to the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, requestthird step, in writing, within five working days from the second step answer. The grievance submitted to the third step must include several suggested dates/times for the third step meeting so that the meeting can be held within 30 days. Step 3: Between Union Officials, Shop ▇▇▇▇▇▇▇, Grievant and the Director of the Department of Electric Utility and/or designee and other City officials. At this step, an International Representative may be present. If no satisfactory agreement is reached within 10 working days, the matter may be submitted referred to an arbitrator appointed arbitration by the City or Union within 60 days of the third step written answer. If 60 days written notice is not given, then the grievance answer shall be considered as accepted between the parties, and arbitration shall not be available as a remedy. §2. Either the City or Union may request PERC to submit a list of arbitrators from which the parties heretomay select an arbitrator. The provisions of Section 1 of Article 7 arbitrator shall apply with respect be limited to such grievance except that three (3) copies the issues presented, and shall have no power to add to, subtract from or modify any of the Union’s pre-hearing brief terms of this Agreement, or to establish or change any wage rate except in the case of wage and fringe reopener. The decision shall be filed with final and binding. Any fees or administrative charges for the arbitrator within ten (10) calendar days after such request is delivered to shall be borne equally by the Company parties. The City and the Company shallUnion specifically agree that grievance matters shall proceed to arbitration only if submitted by the City or Union. §3. Unless extended by mutual agreement in writing, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement failure to observe time limits herein shall constitute abandonment of the facts grievance, and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated settlement on the basis of the information reasonably available last City answer. §4. It is specifically understood and agreed that arbitration shall not be obtainable as a matter of right, if the grievance: a. involves the existence of alleged violation of any agreement other than the present agreement between the parties; b. would require an arbitrator to rule on, consider or change the appropriate hourly, salary or incentive rate set forth in Exhibit “A”, by which an employee shall be paid, or the method by which his/her pay shall be determined; c. would require an arbitrator to consider, rule on or decide any of the following: i. the elements of a job assignment; ii. the level, title or other designation of an employee’s job classification; iii. the right of management to assign or reassign work; iv. pertains in any way to the Company at establishment or administration of insurance, pension, savings, or other benefit plans in which employees are eligible to participate; v. the time the Company scheduled the vacationright of management to determine and assign shift hours, except as limited by this Agreement; vi. involves discipline or discharge of employees; vii. involves violations of State laws and regulations.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any 18:01 Nothing herein shall prevent an individual employee who believes that he/she has from discussing a justifiable complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department managerhis Foreperson, with or without submitting a grievance on his own behalf as provided herein except that if the Union representative for his/her plant area being present as has taken up a grievance on behalf of the employee may electwith his consent, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion withdrawal of such discussion, consent shall not prevent the employee’s department manager and Union from processing the area Union representative, or their designated representatives, shall promptly complete and sign grievances under the Step 2 oral disposition form grievance provisions hereof. 18:02 First Stage: The employee may request permission of his Foreperson to be furnished by the Company. Step 2The employee’s complaint may be appealed discuss and/or prepare a grievance with his Department ▇▇▇▇▇▇▇ as provided in Step 2 Section 18:07. A written grievance, signed by the employee or a representative number of Section 3 of Article 6 the employees concerned, shall be submitted by the ▇▇▇▇▇▇▇ and/or the employee to the Fourth Step no later than fifteen (15) Foreperson concerned. The Foreperson will sign the grievance and indicate the time and date received. The Foreperson shall give his answer in writing to the Department ▇▇▇▇▇▇▇ within four working days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing date on which he receives the grievance. The provisions Foreperson will, on the same day, give a copy of Step 4 his answer to the employee(s) and he will also arrange for two additional copies to be given to the Chief ▇▇▇▇▇▇▇. 18:03 Second Stage: If a settlement is not reached under the First Stage above, the grievance shall be submitted to the Foreperson's immediate supervisor by the Chief ▇▇▇▇▇▇▇ within thirty calendar days from the date of the Foreperson's answer under Section 3 of Article 6 18:02. The Supervisor shall apply with respect to such sign and date the grievance. Step 5If The grievance will be referred by the Foreperson's immediate supervisor to the Employee Relations Department of the Company. However, within five working days from the date of the Foreperson's answer under Section 18:02, a meeting may be held between the Chief ▇▇▇▇▇▇▇ and such supervisor to discuss the grievance, if requested by either the Chief ▇▇▇▇▇▇▇ or such supervisor. 18:04 The Employee Relations Department will arrange a meeting within two weeks of the date on which the grievance is not settled under was submitted by the foregoing procedureChief ▇▇▇▇▇▇▇. The Employee Relations Manager, then or his appointee, shall give an answer in writing within ten working days of such meeting. Meetings with the Union Step 4 Representative mayEmployee Relations Department, in connection with Section 13:12, however, shall take place within seven (7) calendar days after two weeks of the date of receipt of the Step 4 minutesgrievance. 18:05 During the Second Stage meeting as provided above, requestthe Union, or the employee, may be represented by a representative of the National Office of the Union, one full-time official of the Local Union, a maximum of three members of the Union Grievance Panel who shall be employees of the Company and any employee possessed of factual knowledge touching on the matter in writingquestion. The Company shall also have the right to have present any officers, officials or agents of the Company. 18:06 The time limits set out in Sections 18:02, 18:03, and 18:04, shall be strictly observed. Any grievance not filed within the time limits established by the provisions of this Agreement shall be considered disposed of or settled. If the Company fails to comply with the time limits established by the provisions of this Agreement the Union may file the grievance in the next succeeding stage. It is expressly provided, however, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with may agree in writing in respect to such any grievance except that three (3) copies to extend and/or waive any of the Union’s pre-hearing brief time limits imposed on either of them. 18:07 The designation of the time and place involved in the discussions and meeting and/or for the preparation of written grievances as provided in the foregoing Sections of this Article shall be filed with the arbitrator within ten (10) calendar days after such request is delivered subject to the direction of the foreperson or supervisor concerned and shall be held during working hours on the day of the request or as soon as practical thereafter. 18:08 The Company and the Company shall, within ten (10) days following receipt of notice shall not be liable for retroactive payments prior to six months from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies date of filing of a pre-hearing brief setting forth a statement of the facts and its positiongrievance hereunder. It is understood by the parties that the intent a grievance should be filed within twelve months of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacationoccurrence which gave rise to it. In the resolution event, however, a grievance is filed more than twelve months after the date of such disputesthe occurrence which gave rise to it, the Company’s determination as 's liability for retroactive payment shall be reduced by the number of days that the period from the date of such occurrence, to the scheduling required to insure the orderly operation date of the plant shall be evaluated on the basis filing of the information reasonably available grievance, is greater than twelve months. 18:09 It is understood that the Company may bring forward and give to the Company Union at any time any grievance: a) with respect to the time conduct of the Union, its officers or committeemen, b) with respect to the conduct of the employees generally, c) with respect to the application or interpretation of any provision of this Agreement. The grievance shall first be presented in writing to the officials of the Union and a meeting will be held within seven calendar days with the Union and its representative. Failure to agree within a period of four calendar days subsequent to the meeting will permit the Company scheduled to refer the vacationmatter to a Board of Arbitration as hereinafter described, within thirty calendar days.

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any For the purpose of this Agreement, grievances may be classified as either: Grievances which are regarding: alleged unjust treatment discrimination; alleged unfair working any disciplinary action. Contractual grievances which concern the interpretation, application, opera or alleged violation of this Agreement, including any questions as to the arbitrable nature of the matter shall be dealt with in accordance with the following procedures. Grievances as identified in Clause shall be initiated by the employee who believes that he/she has a justifiable complaint involving as follows: the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without employee and/or the Union representative for his/her plant area being present as will discuss the subject of the proposed grievance with the employee’s first level classified Supervisor within days of the date upon which the subject of the grievance occurred or the time the employee may electfirst became aware of the subject of the grievance, in an attempt to settle sameresolve the matter; if the employee continues to be dissatisfied, he should submit the grievance in writing within fourteen (14) days of discussion of the to the the first level classified Supervisor to the Department Manager. HoweverIn response, any such employee may, instead, if he/she so desires, report the Manager consultation with the Department Head (Human Resources) or his designate will undertake to deal with the matter directly to his/her in accordance the policies and practices The Department Manager will then respond in griever within seven (7) days; if the Union representative for his/her plant area. In such eventdoes not accept the decision of the department manager, such Union representative, if he/she believes they may request in writing within seven (7) of receiving the complaint merits discussion, shall take it up with department manager's decision that the employee’s department manager in a sincere effort to resolve Chief Administrative Officer review the problemgrievance. The provisions of Article 6, Section 3 shall apply if Chief Administrative Officer hear the employee’s department manager matter within ten (10) and will advise the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If decision; if the grievance is not settled under as a result of the foregoing procedureChief Administrative Officer's decision, then the may refer the matter to arbitration pursuant to the Labour Relations Code; by mutual agreement, the time limits stated above may be extended. Contractual Grievances concerning Clause may be initiated either by the Union Step 4 Representative may, within seven (7) calendar days after receipt of or the Step 4 minutes, request, County in the following manner: Contractual Grievances be initiated either by the Union or the County in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior from the day that the matter giving rise to the scheduled starting date grievance came to the attention of the vacationdesignated officer of the Union or official of the County, The written notice of the grievance shall be submitted to the Secretary of the Union or the Corporate Secretary of the County and shall stipulate the general particulars of the grievance together with reference to the allegedly violated clause of the Agreement; grievances submitted in accordance with Clause shall be referred to a Grievance Committee which shall endeavour to resolve the difference. This will be composed of two representatives of the County and two members of the Union appointed by the Executive. This Committee shall meet within fifteen (15)calendar days of the submission of the written notice by either Party; after the Parties have met in accordance with the preceding clause, each party will give any decision made in writing to the other within fifteen (15) calendar In the event that the two Parties reach a mutually acceptable agreement concerning the matter in question, a written and signed notice of mutual agreement will supersede the aforementioned notice of decision; in the event that the parties do not reach a mutually acceptable agreement, or that either party does not accept the written notice of decision of the opposite party within thirty (30) calendar days of the Chief Administrative decision as per Clause either party may notify the other party in writing of its intention to submit the grievance to arbitration pursuant to the provision of the Labour Relations Code; by mutual agreement, the time limits set out in the above articles may be extended. In event the resolution matter being grieved is presented to an Arbitration Board, each shall bear the expense of its respective nominee and shall bear one-half of the expenses of the Chairman of the Arbitration Board. The Arbitration Board by its decision shall not alter, amend or otherwise change the terms of this collective agreement. All Union members submitting a grievance have the right to be assisted by an attending Union representative. ARTICLE PROVISION FOR ILLNESS, NORMAL ABSENCE OR LEAVES OF Sick leave benefits as herein stated are sponsored by the County to protect the in the event of an unavoidable illness or injury not covered by Alberta Workers' Compensation Act. At any time an employee is absent, it is the responsibility of the employee to report such disputesabsence to his supervisor, the Company’s determination as receptionist, voice mail or anyone taking responsibility of reporting to the scheduling appropriate supervisor one hour of the time stipulated as the start time for that shift. Failure to comply with the of this clause, shall result in loss of pay for the shift the employee was to have worked, unless the employee has a reasonable explanation. A regular employee, upon hire, shall be entitled to a maximum of ten (10) working days calendar of leave with for casual illness, which may cause the to be absent from work for a period of three (3)consecutive work days or less. Up to two (2) days of unused casual illness leave per calendar year shall be carried over and may be used in the next calendar year. The maximum paid casual leave in a calendar is twelve (12) days including the carry A temporary employee after the completion of the standard probationary period be entitled to a maximum of four (4) working days per year of leave with pay for casual illness, which may cause the employee to be absent from work for a period of three (3) consecutive work days less. Temporary employees with more six (6) months of service in the current calendar year shall be entitled to an additional two (2) working days in the current calendar year, of leave with pay for any casual illness. Each day or portion of a day of absence due to casual illness used within a calendar year, shall be deducted from the remaining casual illness leave entitlement for that calendar year. In any case, an employee may be required to insure provide proof of illness upon return to work, where it can shown that reasonable doubt exists in respect to the orderly operation purpose of an absence claimed to be due to illness. Such proof may take the plant form of a medical certificate or a sworn statutory declaration. The employer may require the employee to submit proof of attendance at a medical, dental or optical appointment when time off from work is granted to attend appointments. Time off of two (2) hours or less for doctors appointments will result in no loss of casual illness or regular time. Each regular employee will be entitled to leave of absence with pay for General Illness in accord with the following scale. General Illness is defined as "any illness which causes an employee to be absent from work for a period of more than three (3 )consecutive work days". Such absences require that a medical certificate signed by a medical doctor be submitted as soon as possible during the period of absence or immediately upon the employee's return to work. For absences less than ten (10) working days, a sworn statutory declaration the employee will be acceptable in lieu of a medical certificate. Sick entitlement for illness longer than three (3) working shall be evaluated on the basis as fallows: A medical is required for any absence of the information reasonably available to the Company at the time the Company scheduled the vacation.over three (3 )consecutive days)

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any ‌ (a) An employee who believes that he/she has been unjustly dealt with as to the interpretation of this Agreement in its application to a justifiable complaint involving particular situation, or as to whether it has been observed or performed, shall be a "grievance" under this agreement; the scheduling of his/her vacation procedures provided herein shall discuss his/her complaint with his/her department managerbe the exclusive remedies available to the Company, with or without the Union representative for his/her plant area being present as Union, and to the employee may electfor the adjustments of such grievances. (b) All grievances beyond Step 2 involving employee claims shall be in writing andshall be signed by all employees claiming rights thereunder. (c) In an effort to adjust employee grievances by mutual agreement, they shall be presented in an attempt to settle same. However, any such the following order and within the following time limits: Step 1 The employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, ▇▇▇▇▇▇▇ shall promptly complete and sign bring the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 grievance to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the abovesupervisor. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under within two (2) working days then; Step 2 It shall be reduced to writing, signed by the foregoing procedureemployee and the appropriate Union representative. The written grievance must set forth a statement of grievance and the article or paragraph of the agreement which is claimed to be violated, then and taken up with the Union Program Director and a meeting will be scheduled within five (5) working days. If no agreement has been reached within five (5) working days after the meeting, it shall be moved to Step 4 3. Step 3 Between the Operations Manager and the Business Representative may, of the Union. A meeting will be held within seven ten (710) calendar working days after receipt of the Step 4 minutesgrievance into the Third Step. If no agreement has been reached within fifteen (15) working days after the meeting, request, either party may submit the grievance or dispute to arbitration in writing, that the matter manner provided herein. (d) Any aggrieved employee shall have the right to be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies present at any stage of the Union’s pre-hearing brief grievance procedure in which his/her grievance is being considered. No employee may leave the job, take up or settle a grievance without requesting permission from his/her immediate supervisor. Such permission will be granted provided it does not retard or interfere with operations or create a hazardous condition. If permission cannot be granted, time limits will be waived until permission is granted. Witnesses called by either party may attend the grievance meeting at any step, subject to the same provisions above outlined forattendance of an aggrieved employee. (e) All grievances shall be filed with the arbitrator presented within ten (10) calendar working days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its positionoccurrence upon which the same is based. It is understood by the parties that the intent of the foregoing The failure to submit a grievance and arbitration procedure is within such periods shall constitute a bar to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationfurther action thereon.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any It is the mutual desire of the parties hereto that com- plaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has given to his ▇▇▇▇▇▇▇ an opportunity to adjust his complaint. The Union shall arrange for the election from its work- ing membership at the ▇▇▇▇▇ and Yard by the members therein, of a Union Grievance Committee of three (3) headed by a Union ▇▇▇▇▇▇▇ who believes that he/she has shall act as spokesman for the Committee. Immediately after an election, the Union Grievance Committee at the Mill and Yard notify the ▇▇▇▇▇▇▇ in writing. as to the names of the Union ▇▇▇▇▇▇▇ and the members of the Union Grievance Committee elected, and the ▇▇▇▇▇▇▇ will acknowl- edge in writing the receipt of such notice. The Mill ▇▇▇▇▇▇▇ shall not be required to recognize either the Union ▇▇▇▇▇▇▇ or the Union Grievance Committee until such time as this proce- dure is carried out. The Union will confirm in writing within a justifiable complaint reasonable period, the election of the ▇▇▇▇▇▇▇. A grievance under the provisions of this Agreement is defined to be any differences between the parties or between the Company and employees covered by this Agreement involving the scheduling interpretation, application, administration or alleged violation of his/her vacation any of the provisions of this Agreement. Grievances as defined above, between employees and the Company shall discuss his/her complaint be taken by the employee himself, or together with his/her department manager, with or without the Union ▇▇▇▇▇▇▇ and/or Union representative for his/her plant area being present as the employee may electhaving jurisdiction, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve immediate supervisor for adjustment. No grievance shall be recognized unless the problememployee concerned follows this procedure. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 Any grievance submitted to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy ▇▇▇▇▇▇▇, in accordance with this procedure, in writing, will be disposed of by the above▇▇▇▇▇▇▇ in writing. If an employee is absent from Where a grievance has been submitted in writing it will be dealt with in writing at all stages thereafter. Failing a satisfactoryadjustment within twenty-four (24)hours, then, The matter shall be taken up by the plant during Union Grievance Committee and/or Union representative with the entire posting or notification period due Mill Superintendent within forty-eight (48) hours in writing, on forms to illnessbe supplied by the Union. The Company shall make a reply in writing, injurywithin a further forty-eight (48) hours. Failing a satisfactory adjustment,then, or being on vacation and is not otherwise notified during such posting or notification period The matter shall be referred to the Manager of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein Company or his representative and a Union Committee accompanied by the Union’s President or his representative. Failing a settlement within seven (7) days, then, Either party may, within the following fifteen (15) days, refer the matter to arbitration. In arbitration, the Company and the Union shall each select one (1) man; these two shall select a third party who shall act as Chairman. Either party shall appoint its nominee not later than five (5) days after his/her return receipt of written notice of the other party‘s nomination. This Arbitration Board shall con- vene and render a decision within fifteen (15) days. Such deci- sion shall be final and binding on both parties to work this Agreement. In the event of failure of the two (2) men selected by the respective parties to select a third party as provided above, they shall ask the Provincial Minister of Labour to appoint a third party. Nothing herein shall prevent the parties from mutually agree- ing to a sole arbitrator to arbitrate grievances arisingout of dis- cipline or discharge. It is understood that the function of the Arbitration Board shall be to interpret this Agreement and processed that it shall deal only with the specificquestionsas submitted and shall have no power to alter, add to, or amend this Agreement. However, the function of the Arbitration Board shall include the power to consider adjustments to individual job classifications under Section and rates for job classificationsunder Section and to revise the rates therefore. The Arbitration Board shall have no power to decide questions involving general wage adjustments. Sundays and Holidays shall not be included in accordance with step 2 any time limits in this of the Agreement. A grievance arising from a claim by an employee that his discharge or suspension by the Company was unjust or contrary to the terms of this ArticleAgreement, must be dealt with in writing, by both parties and must be presented to the Company not later than ten (10) days after the discharge or suspension becomes effective. Step 4If Where such an employee’s grievance is not processed the first stage before he leaves the Mill or Yard, it must be processed starting at the third stage of the grievance remains unsettled after having been processed in Step 2procedure. In case of discharge or sus- pension by the Company, the International Representative assigned Company will notify the employee in writing, of the reason for such discharge or sus- pension. In the event that an employee is found by an Arbitration Board to have been unfairly discharged or sus- pended by the Company, the Company agrees that the employee will be reinstated on his job under and condi- tions decided by the Arbitration Board. Each party to this Agreement shall pay all expenses of the member of the Arbitration Board selected by it, or by the Minister of Labour, and shall share equally in the fees and expenses of the third member of the Board. Grievances which involve Company policy in respect to interpretation, application, administration,or alleged ▇▇▇▇▇- tion of the Agreement may be processed commencing at Stage of this Grievance Procedure. the Company has a grievance as defined in Section it shall commence at Stage of this grievance procedure by the Mill Superintendentor his representativepresenting the matter in writing. to the plant may, of the Union. Failing satisfac- tory settlement within seven (7) days after days, then the mailing matter shall be referred to the President of the Step 2 answer, request, in writing, a meeting with Union or his representativeby the Step 4 Representative General Manager of the Company for the purpose of discussing the grievanceor his representative. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedureFailing a settlement within fifteen (15) days, then either may within the Union Step 4 Representative mayfollowing fifteen (15) days, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that refer the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationarbi- tration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. 31–1 Should employees, subject to this Agreement believe they have been unjustly dealt with or that any of the provisions of the Agreement have been violated, they shall proceed with their grievance in the following manner. Step 1Any employee who believes that he/she has a justifiable complaint involving 1 Within 15 working days of the scheduling event in question or the consequences of his/her vacation shall discuss his/her complaint with his/her department managerthe event in question or from the time employees should reasonably have known of the occurrence of the event upon which the grievance is based or consequences thereof, the employees shall, with or the assistance of a rep- resentative of the Union, if they so desire, take up the matter with their immediate Supervisor. The parties will approach the resolution of griev- ances in a problem solving manner. For that pur- pose, any discussions and/or resolution of the grievance at this stage will be “without prejudice” to either party and will not be used and/or relied on by the parties at subsequent steps of the griev- ance process and/or at other grievance proceed- ings between the Union representative for his/and the City. To that end, the Supervisor shall consult as he or she deems necessary and shall render his or her plant area being present as decision within five working days of such consultation. Step 2 Failing satisfactory settlement in Step 1, the employee may electGrievance Committee of the Union, in an attempt to settle same. Howeveror a staff rep- resentative of the Union shall, any such employee may, instead, if he/she so desires, report within 15 working days from the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes date the complaint merits discussion, shall take it grievance was taken up with the employee’s department manager in immediate Supervisor, submit to the Department Head a sincere effort written statement of the par- ticulars of the grievance and redress sought with a copy to resolve the problemLabour Relations Coordinator. The provisions of Article 6Department Head or designate shall render his or her decision, Section 3 shall apply if in writing, with reasons, within 15 working days after receiving the employee’s department manager grievance. It is agreed by the Union and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished City that written reasons are provided by the Company. Department Head or designate for purposes of resolving grievances and are provided on a “without prejudice” basis. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and The parties agree that where satisfactory settle- ment is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed reached in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the grievance may be processed further either under Step 2 answer, request, in writing, a meeting with the 3-A or under Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacation.B.

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any 30.01 Any complaints, disagreements or differences of opinions between the parties hereto, concerning the interpretation, application, operation of the Agreement, violation of the terms and provisions of this Agreement, shall be considered a grievance, subject to the grievance and arbitration provisions of this Agreement. Employees found to be unacceptable to the Employer’s Bonding Company may be discharged at the Employer’s discretion. 30.02 Grievances must be submitted to the Employer, in writing, not later than ten (10) working days from the event giving rise to the grievance, or it shall be waived by the aggrieved party. 30.03 No employee who believes that he/she has shall be subject to a justifiable complaint involving disciplinary interview or be given a written reprimand, warning letter, or be suspended or dismissed except in the scheduling presence of his/a shop ▇▇▇▇▇▇▇, or in his or her vacation absence, another member of the bargaining unit, selected by the employee. When a shop ▇▇▇▇▇▇▇ is present in the workplace, they shall discuss his/her complaint with his/her department managerbe used as a witness for discipline unless the employee being disciplined chooses otherwise. Verbal coaching or notes to file in an employee’s personnel file shall not be considered a step in part of the progressive disciplinary process. Upon request, employees shall be given copies of any discipline documented in their personnel file. Where appropriate, discipline shall be conducted on Company time at or near the end of the employee’s shift. 30.04 Employees may request their right to the presence of a shop ▇▇▇▇▇▇▇ or in his absence another members of the bargaining unit as selected by the employee during a random security check of bags, purses and parcels. 30.05 If the ▇▇▇▇▇▇▇ or another member of the bargaining unit is present during the reprimand, warning letter or security check, he may advise the employee. 30.06 The procedure for adjustment of grievance and disputes by an employee shall be as follows: 1st Step: By a discussion between the employee, with or without the Union representative for his/her plant area being present as the employee may electShop ▇▇▇▇▇▇▇, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the aboveManagement. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is a satisfactory settlement cannot otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein reached within seven five (75) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing proceduredays, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to days; 2nd Step: The Union representatives may take up the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, matter with the Company’s determination official designated by the Employer to handle labour relations. If a satisfactory settlement cannot be reached within fourteen (14) days, the matter may then be referred to Arbitration, as per Article 31. Disciplinary reprimands and suspensions which predate twenty-four (24) months of continuous discipline-free employment shall not be used in any disciplinary action after that time. Notwithstanding, disciplinary warnings, reprimands and/or suspensions dealing with Violence/Harassment shall not be subject to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationthis clause.

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any employee who believes that he/she has Section 1. The Union shall furnish the Authority with the names of its officers, departmental representatives, and members of its three-person Grievance Committee. Section 2. A national representative of the Union, duly designated for the purpose, may participate in all negotiations with the Authority as a justifiable complaint involving member of the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Grievance Committee. Section 3. Any Union representative for his/her plant area being present as the employee may electdesignated under Article IX, in an attempt to settle same. HoweverSection 1, hereof, and any such employee may, insteadaggrieved Laboratory Bargaining Unit employee, if he/she so desiresrequired, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, who shall take it up with leave the employee’s department manager work in a sincere effort order to resolve the problem. The provisions meet with Authority representatives in negotiation for adjustment of Article 6, Section 3 differences or grievances shall apply if receive the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, regular pay while so engaged during the employee’s department manager and the area Union representative, or their designated representatives, normal hours of work. Such representative shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for give the employee’s vacation scheduling unit is posted immediate supervisor sufficient notice prior to said meeting so that arrangements may be made to relieve the employee from duty, due consideration being given to the operational needs of the Authority. Except as otherwise provided herein, there shall be no meeting or otherwise made known meetings pertaining to employees via written copy in accordance with Union business on Authority property and during working hours unless agreed to by the aboveAuthority. Section 4. If an employee is absent With reasonable advance notice and permission from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period Director of the vacation period allotted Laboratory or her designee, which shall not be unreasonably denied, any Union representative designated under Section 1 or 2 hereof, shall be permitted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If enter on the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company Authority’s property at all reasonable times for the purpose of discussing investigating any grievance arising between the grievance. The provisions members of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative mayand the Authority, provided that such investigation shall not interfere with orderly operations of the Authority, and in no event will the Union representative enter any Laboratory area without permission that shall not be unreasonably denied for the purpose of investigating a grievance, with an escort designated by the Director of the Laboratory or her designee. Section 5. Any dispute or disagreement as contemplated shall be brought to the attention of an appropriate supervisor by the Shop ▇▇▇▇▇▇▇ and affected Laboratory Bargaining Unit employee in the department where the dispute took place within twelve (12) calendar days after the affected employee becomes aware or should have become aware of the dispute or disagreement. If within seven (7) calendar days after receipt of such a dispute has not been resolved, the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 Union shall apply with respect to such grievance except that three within twelve (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (1012) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted submit a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing written grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacationcomplete factual background as then known and any employee and/or provisions claimed violated. In the resolution of such disputesThereafter, the Company’s determination as to the scheduling required to insure the orderly operation of the plant a meeting shall be evaluated on scheduled within twelve (12) calendar days with the basis of the information reasonably available to the Company at the time the Company scheduled the vacation.Lab Director or her designee, Shop ▇▇▇▇▇▇▇ and Grievance Chairman. If there has been no resolution within twelve

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any A. Whenever an employee who or group of employees in Bargaining Unit 19 believes he/she/they have been adversely affected by a violation of the MOU, he/she/they should immediately inform the workplace ▇▇▇▇▇▇▇ of the facts of the violation. B. If the workplace ▇▇▇▇▇▇▇ is unable to represent the employee or there is no workplace ▇▇▇▇▇▇▇, the employee(s) should contact the Chief ▇▇▇▇▇▇▇ or the Staff Person in his/her/their area for representation by an AFSCME representative. C. If after investigation, the AFSCME representative believes that a grievance is warranted, representation of the employee(s) shall proceed in accordance with Article 5 of the Memorandum of Understanding. D. If at any time during the process the employee(s) fails to keep in contact with the AFSCME representative, act independently, or refuses to follow recommended actions, or otherwise fails to cooperate, the AFSCME representative shall inform the employee(s), in writing of his/her/their obligations. If the issue of lack of cooperation is not resolved to the satisfaction of the AFSCME representative, then the AFSCME representative may cease representing the employee(s) and shall inform the employee(s) in writing that he/she/is declining further representation. E. If after investigation, the AFSCME representative believes that a grievance does not exist, he/she has shall inform the employee(s). The AFSCME representative shall also inform the employee(s) of the right to file a justifiable complaint involving grievance on his/her/their own, of the scheduling time limits of the grievance procedure, and of the right to appeal the AFSCME representative’s decision not to pursue the grievance further. F. If, after receipt of the decision at the first, second, or third level of the grievance procedure or at any other time during the process, the AFSCME representative believes that the grievance lacks merit and should not be pursued, the AFSCME representative shall file the grievance at the next highest level to preserve the time limit for the employee(s) and shall inform the employee(s) in writing of his/her vacation shall discuss his/her complaint decision not to pursue the grievance further. ▇. If the employee(s) disagrees with his/her department managerthe decision of the AFSCME representative, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to hisshe/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up they should file a written appeal with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, President within seven (7) calendar days after receipt days. The President shall direct the appeal to the Appeal/Arbitration Committee. The Appeal/Arbitration Committee will review the merits of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company case and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of issue a decision in arbitration no later than sixty (60) days prior writing to the scheduled starting date employee(s) within twenty (20) calendar days. In its review the merits of the vacation. In the resolution of such disputescase, the Company’s determination as Appeal/Arbitration Committee, may consult with employee(s), the ▇▇▇▇▇▇▇, Chief ▇▇▇▇▇▇▇, Staff Representative, other involved person(s) or legal counsel. The employee(s) will be notified in writing of when and where the Appeal/Arbitration Committee will meet and of his/her/their right to attend. The appropriate Staff Representative shall be present and the AFSCME representative who handled the representation shall have the right to be present at all Appeal/Arbitration Committee meetings. The Appeal/Arbitration Committee will consider the facts in this case with reference to the scheduling required to insure decision of arbitrators or other bodies ruling on similar matters, the orderly operation Union and the employee's interpretations of the plant shall be evaluated on agreements or other employment rules, and the basis cost of continuing the information reasonably available to the Company at the time the Company scheduled the vacationcase.

Appears in 1 contract

Sources: Representation Agreement

Grievances. For the purposes of this agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable. No grievance shall be considered where the circumstances giving rise to it occurred or originated to the knowledge of the exceeding the time limits specified below. All complaints and grievances shall be taken up in the following manner: An employee having a question or complaint shall refer it to his immediate supervisor within four working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from the date of submission. If further action is then to be then within five working days after the decision is given in Step 1Any employee No. the employee, who believes may request the assistance of his or her ▇▇▇▇▇▇▇, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. is understood that he/she has at such a justifiable complaint involving meeting the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with Administrator or without the Union his designated representative for his/her plant area being present may have such counsel and assistance as he may desire and that the employee may electhave his ▇▇▇▇▇▇▇ and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Employer, The decision of the Administrator or his designated representative shall be given in an attempt writing within five (5) working days following the meeting. Should the Administrator fail to settle samerender his decision as required in Step No. Howeveror failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any such employee may, instead, if he/she so desires, report the question as to whether a matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussionis arbitrable, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint grievance may be appealed as provided in Step 2 of Section 3 of Article 6 referred to arbitration by either the Fourth Step Employer or the Union. If no later than fifteen written request for arbitration is received within five (155) working days after the vacation schedule for the employee’s vacation scheduling unit is posted decision under Step No. given or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar working days after such request is delivered following the meeting under Step No. of the grievance procedure, whichever occurs first, the grievance shall be deemed to the Company have been abandoned and the Company shall, within ten (10) days following receipt of notice from same grievance shall not be the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies subject matter of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationfurther grievance.

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any A grievance is hereby jointly defined to be any controversy, complaint, misunderstanding or dispute arising as to interpretation, application or observance of any of the provisions of this Agreement. Grievance procedures may be invoked only by authorized Union representatives. In the event of a grievance, it shall be handled in the following manner: (a) The employee who believes that he/she has a justifiable complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, report it to his their shop ▇▇▇▇▇▇▇ in an writing within five (5) working days. The ▇▇▇▇▇▇▇ shall attempt to settle sameadjust the matter with the supervisor within forty- eight (48) hours. HoweverManagement will sign and date each grievance that is presented to them, any such employee mayprovided this does not interrupt the operations, insteadregardless of the merits of said grievance. The purpose of the signature is only to verify that the grievance was actually received. (b) Failing to agree, if he/she so desires, the shop ▇▇▇▇▇▇▇ shall promptly report the matter directly to his/her the Union representative for his/her plant area. In such event, such Union representative, if he/she believes which shall submit it in writing and attempt to adjust the complaint merits discussion, shall take it up same with the employee’s department manager in Employer within five (5) days. (c) If the parties fail to reach a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative decision or agree upon a settlement in the oral stepmatter, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, it shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator in writing within ten (10) calendar working days after such request is delivered unless otherwise mutually agreed to the-Local 623 Parcel Grievance Committee. (For the purpose of this Article, the term "working days", when used to indicate time limitations on the parties, shall mean the days Monday through Friday.) (d) In order that the Local 623 Parcel Grievance Committee may operate quickly and efficiently, the parties agree that a person who may or may not be a member of the Local 623 Parcel Grievance Committee shall be mutually selected and designated to serve as Secretary the panel administrator. The panel administrator, if not a member of the Local 623 Parcel Grievance Committee, shall have no voice in making decisions and shall perform only the duties assigned to them by the Local 623 Parcel Grievance Committee. The panel administrator shall docket cases, prepare the agenda and email a copy prior to the Company scheduled meeting of the Local 623 Parcel Grievance Committee to each member of the Committee, the Employer and Local Unions whose case appears on the Company shallagenda. The panel administrator shall keep the minutes and email copies of the minutes to the members of the Committee and shall also email copies of the decisions of the Local 623 Parcel Grievance Committee to all United Parcel Service, within ten Inc. representatives and Local Union 623 representatives. (10e) A grievance to be heard by the Local 623 Parcel Grievance Committee must be put in writing and submitted to the panel administrator thirteen (13) days following receipt before the meeting of notice from the arbitrator Local 623 Parcel Grievance Committee. The parties further agree that no grievance or grievances shall be discussed except those which have been received by the panel administrator of the Local 623 Parcel Grievance Committee before the thirteen (13) days prior to the date of the meeting of the Local 623 Parcel Grievance Committee. It is agreed that any panel of the Local 623 Parcel Grievance Committee hearing a case shall consist of an equal number of Employer Committee members and Union has submitted a pre-hearing briefCommittee members, file not to exceed three (3) copies of a pre-hearing brief setting forth a statement Union Committee members and three (3) Employer Committee members and not less than two (2) Union Committee members and two (2) Employer Committee members. The members of the facts panel are to be selected from Union representatives who hold positions with Local Union 623 or the International Brotherhood of Teamsters. The decision of the majority of the panel hearing the case shall be binding on all parties. (f) Payment for grievances settled at the local level at any step of the grievance procedure must be made within two (2) weeks following the date of the settlement. Payment for grievances resolved by the Local 623 panel and its positionNational Committees shall be made within two (2) weeks following the Company's receipt of the Committee's resolution statement. A copy of the payroll adjustment will be mailed to the Local Union. Payment of grievance amount will be listed on the employee's payroll advisory. Payment for grievance settlement shall be taxed at the employee's regular withholding rate where legally permissible. (a) The Local 623 Parcel Grievance Committee shall be composed of United Parcel representatives and representatives from Local 623 or the IBT. The expense incurred by the Local 623 Parcel Grievance Committee shall be borne equally by Local 623 and United Parcel Service. (b) Except as otherwise provided in the Master Agreement, it is agreed that all grievances pertaining to matters described in this Article must be referred to the Local 623 Parcel Grievance Committee. The Local 623 Parcel Grievance Committee will meet four (4) times a year for a one (1) day period for the purpose of hearing grievances docketed on the agenda. During this one (1) day period the Committee will hear cases in the following order: Discharges, suspensions and regular cases. The Co- chairs of the Local 623 Parcel Grievance Committee upon mutual agreement may schedule additional panel dates. (c) On discharge and suspension cases only, an impartial arbitrator, one (1) from a panel of two (2), will sit as a fifth (5th) or seventh (7th) panel member of the Local 623 Parcel Grievance Committee and shall render a bench decision on all deadlocked cases. Individual arbitrators are subject to review and dismissal by either party upon thirty (30) day notice and will be replaced. (It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall there will be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationan implementation period.)

Appears in 1 contract

Sources: National Master United Parcel Service Agreement

Grievances. Step 1Any employee who believes that he/she has The purpose of this Article is to establish a justifiable complaint involving procedure for the scheduling settlement of his/her vacation shall discuss his/her complaint with his/her department managerall disputes, with or without the Union representative for his/her plant area being present which may arise as the employee may electto wages, in an attempt to settle same. Howeverhours of work, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager working conditions and the area Union representative other matters affecting bargaining unit employees in the oral step, after full discussion, feel the need for aid in arriving at a solutionplant. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to Grievance forms will be furnished provided by the Company. Step 1. Any employee having a grievance shall first take the matter up with his supervisor or committee person who will then discuss the complaint with the concerned supervisor. Step 2The employee’s 2. If the complaint may be appealed as provided in Step 2 is not satisfactorily resolved within twenty four hours the committee person will then submit a written grievance signed by the complaining employee citing the incident and the provisions of Section 3 of Article 6 the agreement that are claimed to have been violated. The Company will respond to the Fourth grievance in writing by the end of the third work day following the date of the written grievance. The grievance shall be considered settled on the basis of the Company's response if the Union fails to give written notice by the end of the third work day following the date of the Company's response that it desires to proceed to Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above3. Step 3. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and matter is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed resolved in Step 2, it will be addressed at the International Representative assigned next third step meeting, which will be held between the bargaining committee (one additional union representative may attend upon mutual consent of the parties, providing it is done on their own time) and Company representatives every two weeks. The Company will respond to the plant may, within seven (7) days after grievance by the mailing end of the third work day following the date of the Step 2 answer3 meeting. The grievance will be settled based on the Company's Step 3 response if the Union fails to give written notice by the end of the third work day following the Company's Step 3 response that it desires to proceed to Step 4. If there are no grievances to be discussed, requestthe bargaining committee will meet among themselves to discuss other plant concerns including such performance items as Scrap, R.P.P.M.'s, First Time Capability, and Machine Utilization. Further, the Committee can invite up to four other union representatives to attend this meeting Step 4. If the matter is not resolved in writingStep 3, a meeting with the Step 4 bargaining committee and its National Representative and or its Local President and Plant Manager or his designate will be held within 30 calendar days of the Company for Union's written response to the purpose of discussing the grievanceCompany's third step disposition. This thirty (30) day period may be extended by mutual agreement. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect Company will respond to such grievance. Step 5If the grievance is not settled under by the foregoing procedure, then end of the Union Step 4 Representative may, within seven (7) calendar days after receipt third work day following the date of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties heretomeeting. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall will be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated settled on the basis of the information reasonably available Company's Step 4 response if the Union fails to give written notice by the Company at end of the time tenth calendar day following the Company scheduled the vacationCompany's Step 4 response that it desires to proceed to Step 5.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any 7.01 The Union shall elect or otherwise appoint a Grievance Committee, which shall be recognized by the University for the purpose of grievance adjustment. The Union shall advise the University of the names of the Committee as well as such changes in its personnel as may occur from time to time. 7.02 Any employee who believes that he/she has having a justifiable complaint involving should discuss the scheduling matter with his or her immediate supervisor. An employee, upon his or her request, may be accompanied by a member of his/her vacation shall discuss the Grievance Committee during such discussions. 7.03 Any employee may present his/her complaint with his/her department manager, with personally or without may be represented or assisted by a member of the Union representative for his/her plant area being present as the Grievance Committee. Such employee may elect, in an attempt shall be entitled to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly examine documents pertinent to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes personal complaint. 7.04 (Stage One) Any complaint that has not been dealt with to the complaint merits discussion, shall take it up with satisfaction of the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint employee concerned may be appealed presented as provided in Step 2 of Section 3 of Article 6 a written grievance to the Fourth Step no later than Department Head/Designate within fifteen (15) working days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned circumstances giving rise to the plant maygrievance. The Department Head/Designate shall, within seven (7) days after the mailing upon receipt of the Step 2 answergrievance, request, in writing, schedule a meeting with the Step 4 Representative grievor and a representative of the Company for the purpose of discussing Union to hear and discuss the grievance. The provisions of Step 4 of Section 3 of Article 6 This meeting shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, be held within seven ten (710) calendar working days after receipt of the Step 4 minutesgrievance. Following the meeting, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that Department Head/Designate will give a written decision within three (3) copies of working days. 7.05 (Stage Two) If the Union’s pre-hearing brief shall grievance is not resolved at Stage One, it may be filed with presented to the arbitrator Director, Employee Relations in Human Resources or his/her designate within ten (10) calendar working days after such request is delivered the Stage One decision has been received. Upon receipt of the grievance, the Director, Employee Relations in Human Resources or his/her designate will meet with the Grievance Committee, and representative of the Canadian Union of Public Employees, to discuss the Company and the Company shall, matter. This meeting shall be held within ten (10) working days following after the receipt of notice from the arbitrator grievance. A written decision on the grievance will be given within five (5) working days after the meeting. 7.06 The time limits specified in 7.04 and 7.05 may be extended by mutual consent. The parties agree that employees should not harbour grievances; they should bring them to the attention of the Employer without delay. Accordingly, it is agreed that no grievance shall be considered unless submitted in writing within fifteen (15) working days or as soon as the circumstances giving rise to the grievance are known. 7.07 Any difference arising directly between the Union has submitted a pre-hearing brief, file three (3) copies and the Employer involving the interpretation or alleged violation of a pre-hearing brief setting forth a statement this Agreement which cannot otherwise be dealt with under this Article because of the facts and its position. It is understood inability or refusal of an employee to submit a grievance, or where the grievance affects a group of employees, or a department, or the University as a whole, may be submitted by the parties that Union in writing, at the intent second stage, and dealt with as a proper grievance under the grievance procedure. Failing satisfactory solution within the time period spelled out in Article 7.06 such grievances may be referred to Arbitration. Any such grievance, as described above, which refers to a matter involving only one department, shall be submitted at Stage One to the Department Head/Designate of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationdepartment concerned.

Appears in 1 contract

Sources: Memorandum of Settlement

Grievances. Step 1Any employee who believes that he/she has a justifiable complaint involving the scheduling 9.1 An appeal against discharge, suspension, demerit marks in excess of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager thirty (30) and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint restrictions may be appealed as provided in initiated at Step 2 of Section 3 the grievance procedure. Such appeal will be within twenty-eight (28) days from the date the employees are advised of Article 6 the discipline assessed against them. On request, all evidence in the case will be made available to the Fourth General Chairperson. 9.2 A grievance concerning the interpretation, or alleged violation of this Agreement, (including one involving a monetary claim which has been declined or altered by an immediate supervisor or designate), or an appeal by employees who believe that they have been unjustly dealt with, shall be processed in the following manner: Step no later than fifteen 1 Within twenty-eight (1528) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injurydate of cause of grievance, or being on vacation and is not otherwise notified during such posting or notification period in cases of appealing discipline, within twenty-eight (28) calendar days from the date the employees are advised of the vacation period allotted discipline assessed against them, the Local Chairperson may appeal the decision in writing to her/himthe appropriate Company Officer. The appeal shall include a written statement of grievance and where it concerns the interpretation or alleged violation of the Agreement, his/her complaint may the statement shall identify the Article and paragraph of the Article involved. A decision will be appealed as provided herein rendered in writing within seven twenty-eight (728) days after his/her return of receiving the appeal. (1) Within 60 calendar days of the date of decision under Step 1 the General Chairperson may appeal the decision in writing to work the Regional Vice- President. The appeal shall be accompanied by the Union’s contention and processed in accordance with step 2 of this Article. Step 4If all relevant information concerning the grievance remains unsettled after having been processed in Step and shall: (2) If agreed between the General Chairperson and the Vice-President or their respective delegates, the International Representative assigned to the plant may, be examined at a joint meeting within seven (7) 60 calendar days after the mailing of the Step 2 answer, request, date of the appeal. The Vice-President shall render his decision in writing, writing within 30 calendar days of the date on which the meeting took place; or (3) Should the general Chairperson or the Vice- President consider that a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the on a particular grievance is not settled under required he will so advice the foregoing procedure, then other accordingly. In the Union Step 4 Representative may, event a meeting is not agreed to the Vice-President shall render his decision in writing within seven (7) calendar 60 days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies date of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies appeal. 9.3 The settlement of a pre-hearing brief setting forth grievance shall not under any circumstances involve retroactive pay beyond a statement period of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty ninety (6090) days prior to the scheduled starting date of that such 9.4 Any grievance not progressed by the vacation. In Union within the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant prescribed time limits shall be evaluated considered settled on the basis of the information reasonably available last decision and shall not be subject to further appeal. Where a decision respecting a written claim for unpaid wages is not rendered by the Appropriate Company Officer within the prescribed time limits, the claim will be paid. The application of this rule shall not constitute an interpretation of the Agreement. 9.5 The time limits specified in this Article 9 will be extended for twenty-eight (28) days at the time the Company scheduled the vacationrequest of either party, or for such other period as may be mutually agreed upon.

Appears in 1 contract

Sources: Employment Agreement

Grievances. Step 1Any employee who believes that he/she has Should an Employee have a justifiable complaint involving complaint, the scheduling of his/her vacation Employee and/or a Union Representative shall discuss his/her the complaint with his/her department the appropriate immediate supervisor or manager. A Union Representative may discuss the complaint with other management personnel and/or employees as he or she may deem appropriate in the circumstances. Failing a resolution of an Employee’s complaint, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work initiated and processed in accordance with step 2 of as a grievance under this Article. All grievances or disputes resulting from the operation of the Agreement or arising under specific clauses thereof, or in any way affecting relations between the Employer and the employees covered thereby shall be handled in the following manner. A grievance filed by an employee shall commence with Step 4If 1. A grievance filed by the Union will be called a dispute and commence with Step 3. A Job ▇▇▇▇▇▇▇ or Union Representative must be present at all disciplinary meetings with an employee and at all of the steps of the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing procedure. Attendance of the Step 2 answer, requestJob ▇▇▇▇▇▇▇ at such meetings and investigation of grievances will be without loss of pay. STEP 1: The grievance shall be submitted, in writing, a meeting with signed by the Step 4 Representative of aggrieved employee, to the Company for Job ▇▇▇▇▇▇▇, who will present such grievance or complaint to the purpose of discussing the grievanceEmployer, who will give it prompt attention. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If In offices where there is no Job ▇▇▇▇▇▇▇, the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, requestshall be presented, in writing, that the matter be submitted to an arbitrator appointed signed by the parties heretoaggrieved employee, to the Union Representative, who will then take up the grievance as set forth in this Article. The provisions of Section 1 of Article 7 shall apply with respect to such employee may or may not be present as she or he may elect. STEP 2: Any grievance except that three must be filled within twenty-five (325) copies working days after the grievance occurs, unless circumstances beyond the control of the Union’s pre-hearing brief shall be filed with aggrieved employee or in the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement nature of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of prevents such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationfiling.

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any 31.1 Any complaint, disagreement or difference of opinion between the parties hereto, concerning the interpretation, application, operation of the Agreement, violation of the terms and provisions of this Agreement, shall be considered a grievance, subject to the grievance and arbitration provisions of this Agreement. Employees found to be unacceptable to the Employer’s Bonding Company may be discharged at the Employer’s discretion. 31.2 Grievances must be submitted to the Employer, in writing, not later than ten (10) working days from the event giving rise to the grievance, or it shall be waived by the aggrieved party. 31.3 No employee who believes that he/she has shall be subject to a justifiable complaint involving disciplinary interview or be given a written reprimand, warning letter, or be suspended or dismissed except in the scheduling presence of his/a shop ▇▇▇▇▇▇▇, or in his or her vacation absence, another member of the bargaining unit, selected by the employee. When a shop ▇▇▇▇▇▇▇ is present in the workplace, they shall discuss his/her complaint be used as a witness for discipline unless the employee being disciplined chooses otherwise. Verbal coaching or notes to file in an employee’s personnel file shall not be considered a step in part of the progressive disciplinary process. Upon request, employees shall be given copies of any discipline documented in their personnel file. Where appropriate, discipline shall be conducted on Company time at or near the end of the employee’s shift. A “disciplinary interview” is defined as a meeting with his/her department manageran employee where the Employer is intending to discipline the employee. 31.4 Employees may request their right to the presence of a shop ▇▇▇▇▇▇▇ or in his absence, another member of the bargaining unit as selected by the employee during a random security check of bags, purses and parcels. 31.5 If the ▇▇▇▇▇▇▇ or another member of the bargaining unit is present during a reprimand, warning letter or security check, he may advise the employee. 31.6 The procedure for adjustment of grievance and disputes by an employee shall be as follows: 1st Step: By a discussion between the employee, with or without the Union representative for his/her plant area being present as the employee may electShop ▇▇▇▇▇▇▇, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the aboveManagement. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is a satisfactory settlement cannot otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein reached within seven five (75) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, days; then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to days: 2nd Step: The Union representatives may take up the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, matter with the Company’s determination official designated by the Employer to handle labour relations. If a satisfactory settlement cannot be reached within fourteen (14) days, the matter may then be referred to Arbitration, as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationper Article 32.

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any 7.1 The Company and the Union agree that it is most desirable to resolve misunderstandings and disputes through discussions between the employee who believes that he/she has a justifiable complaint involving and the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without and both the Company and the Union representative for his/her plant area being present shall encourage employees to discuss their complaints with their supervisors so as to resolve differences quickly and directly without necessarily having to resort to the employee following formal process. 7.2 Employees may electhave benefit of representation by Union officials at any of the steps in the procedure, in an attempt to settle same. Howeverand similarly management representatives may have benefit of counsel. 7.3 Formal grievances, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussionwhether individual or executive, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than raised within fifteen (15) days after of the vacation schedule for date on which the employee’s vacation scheduling unit is posted grievance becomes apparent, or otherwise made known ought to employees via written copy have become apparent. Grievances shall be in accordance writing on the approved grievance form, must identify the specific clauses in this Agreement that are being violated and provide specific details in writing with respect to the individuals whose rights have been violated and/or damages resulting from the breach of this Agreement and shall be dealt with in the following manner without stoppage of work. STEP 1 The grievance shall be taken up with the abovefirst-line out-of- scope supervisor, who shall render a decision within three (3) working days of the receipt of the grievance. If Executive grievances (those submitted by the Union organization rather than by an employee is absent from individual), and grievances which involve appointment to a position within the plant during the entire posting or notification period due to illness, injuryscope of this Agreement, or being on vacation and is not otherwise notified during such posting dismissal or notification period a suspension in excess of seven (7) calendar days, shall dispense with Step 1. STEP 2 - Within seven (7) working days of the vacation period allotted receipt of the decision in Step 1 in the case of individual grievances, and within fifteen (15) days of the date on which the grievance(s) becomes apparent or ought to her/himhave become apparent in the case of executive grievances, his/her complaint may the grievance shall be appealed as provided herein taken up with the appropriate Manager who shall render a decision within seven (7) days after his/her return to work and processed in accordance with step 2 of this Articleworking days. Step 4If STEP 3 - In the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, event that a decision is not rendered within seven (7) days after working days, or the mailing decision does not lead to a resolution of the Step 2 answergrievance in the view of the parties, request, in writing, a meeting the General Secretary of the Union or his/her designate shall immediately consult with the Step Regional Operations Manager or his/her designate. If settlement is not achieved within a further fourteen (14) working days it may be submitted to arbitration as hereinafter provided for. STEP 4 Representative - A grievance is referred to arbitration by either party giving notice to the other in writing of their intention to do so. Such written notice shall be given within ten (10) working days of the Company for receipt of decision at Step 3, or from the purpose expiry of discussing the grievancetime limits at Step 3, whichever is the earlier. The provisions Within seven (7) working days of Step 4 receipt of Section 3 of Article 6 such written notice, each party shall apply with respect appoint a nominee. Within a further seven (7) working days the nominees shall meet and appoint a Chairperson to such grievancethe Board. Step 5If If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, two nominees fail to agree and fail to appoint a Chairperson within seven (7) calendar working days after receipt of their initial meeting, they shall request the Minister of Labour for Canada to appoint a Chairperson of the Step 4 minutesNOTE: Time limitations in the preceding process may be extended by mutual agreement between the parties, request, in writing, provided that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days requests for extension are made prior to the scheduled starting date expiry of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationlimitation.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any employee who believes that he/she has a justifiable complaint involving Section 1 Every Employee shall have the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being right to present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy his grievance in accordance with the aboveProcedures provided herein, and shall have the right to be represented by an F.O.P. representative at all stages of the Grievance Procedure. Section 2 A grievance is a dispute regarding the application or interpretation of an express provision contained in this Agreement or dispute concerning the disciplining of an employee. However, all employees will be disciplined in accordance with the present rules and regulations of the Police Department. Grievances involving suspension of more than ten (10) days, demotion, discharge or payment of wages shall be appealed directly to Step 3A within ten (10) working days after the Safety Director has issued his decision if applicable. Section 3 All grievances shall be handled in accordance with the following steps of the Grievance Procedure. Step 1 All grievances must be initiated in writing within seven (7) calendar days after the event giving rise to the grievance. A member having a grievance shall submit his grievance for deposition by the Commanding Officer in charge of his Unit. A member shall be entitled to have a meeting on his grievance within seven (7) calendar days of the time that he submits the written grievance to the Commanding Officer, if he requests a meeting. If an employee the member does not request a meeting, the grievance shall be answered within seven (7) calendar days. If the member requests a meeting, he may have the President of the F.O.P. with him at the time of the meeting. The Commanding Officer will give the grieving member a written answer to his grievance within fourteen (14) calendar days after the meeting. Step 2 If the member is absent from not satisfied with the plant during answer, he may, within seven (7) working days after receiving the entire posting or notification period due answer, appeal his grievance in writing to illness, injurythe Chief of Police, or being on vacation and is not otherwise notified during such posting or notification period of his designee, who will hold a meeting with the vacation period allotted to her/him, his/her complaint may be appealed as provided herein F.O.P. within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If receiving the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, appeal. The Chief of Police will give an appropriate written answer within seven (7) working days after and will institute any other procedures or hearings as required by the mailing of the Step 2 answer, request, City Charter and applicable law in writing, a meeting accordance with the situation. Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If If the grievance is not satisfactorily settled under the foregoing procedure, then at Step 2 the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes2 answer, request, appeal in writing, that writing to the matter be submitted to an arbitrator appointed by the parties heretoSafety Director. The provisions of Section 1 of Article 7 Director or his designee, shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed meet with the arbitrator Union Step 3A If the grievance is not satisfactorily settled in Step 3, then the Union shall, within seven (7) calendar days after the Step 3 answer, submit said grievance to the Labor Relations Manager. The Labor Relations Manager shall meet with the Union President or his designee within ten (10) calendar days after such request is delivered the grievance has been submitted. A written answer to the Company and grievance shall be given to the Company shallUnion President, personally or by mail, within ten (10) calendar days following after the grievance is submitted. Step 4 If the grievance is not satisfactorily settled by the Labor Relations Manager, the F.O.P. may, within thirty (30) calendar days after the receipt of notice from his answer, submit the matter to arbitration. The F.O.P. shall notify the American Arbitration As- sociation and the City at the same time of its intent to appeal the grievance. The arbitrators shall be chosen and the arbitration conducted, in accordance with the rules of the American Arbitration Association. Section 4 In the event a grievance goes to arbitration, the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies shall have jurisdiction only over disputes arising out of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination grievances as to the scheduling required interpretation and/or application Section 5 The Grievance Procedures set forth in this Con- tract shall be the exclusive method of reviewing and settling disputes between the City and the F.O.P. and/or between the City and member, and all decisions of arbitrators shall be final, conclusive, and binding on the City, the F.O.P. and the member. A grievance may be withdrawn by the F.O.P. at any time and the withdrawal of such grievance shall not be prejudicial to insure the orderly operation filing of future grievances, even if on the same subject matter. Section 6 A grievance relating to a single common issue or event covered by this contract and affecting more than one bar- gaining unit member may be filed as a policy grievance and shall be filed at Step 2 of the plant procedure. At the minimum the policy grievance shall be evaluated on set forth the basis facts upon which it is based, including the provision of the information reasonably available to labor agreement allegedly being violated, the Company at date and time of the time occurrence and the Company scheduled the vacationrelief or remedy desired.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any is a dispute or complaint arising out of this Agreement or the relationship of the parties hereto. Any such grievance shall be raised by an employee who believes that he/she has a justifiable complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, insteadon behalf or, if he/she so desireson the behalf of a group of employees, report or a policy grievance, it shall be raised by the Full-Time Representativeof the Local Union or the Chief ▇▇▇▇▇▇▇. Should a grievance arise, there shall be no stoppage or suspension of work, but the matter directly shall be resolved as promptly as possible by application of the orderly procedure to his/her Union representative for his/her plant areafollow: STEP ONE: The employee shall bring grievance to the attention of supervisor within five (5) work days following the alleged occurrence. In such event, such Union representative, if he/she believes If the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problememployeewishes may be accompanied by ▇▇▇▇▇▇▇. The provisions supervisor shall offer a solution verbally within no more than two (2) work days thereafter. STEP TWO The grievance will be deemed settled on the basis of Article 6, Section 3 shall apply if the employee’s department manager and Company (supervisor's) Step One answer unless the area Union representative grievance is appealed in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 writing to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein Plant Manager within seven (7) work days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If following the grievance remains unsettled after having been processed in Step 2, the International Representative assigned supervisor's reply to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievancealleged occurrence. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that Within three (3) copies work days following timely appeal, the Plant Manager (and/or such other persons as may be designated by the Company) will meet with the aggrieved employee and ▇▇▇▇▇▇▇ to resolve the grievance, and the Plant Manager shall give the Company answer in writing within two (2) work days following this meeting. STEP THREE: The grievance will be deemed settled on the basis of the Union’s pre-hearing brief shall Company (Plant Manager's) Step Two written answer unless the grievance is appealed in writing to the Director of Labour Relations within three (3) work days thereafter. Within three (3) work days following timely appeal, the Director of Labour Relations (and/or such other persons as may be filed designated by the Company) will meet with the arbitrator aggrieved employee, ▇▇▇▇▇▇▇ (and the Full-Time Representative,or other such comparable official as may be designated by the Local Union) to resolve the grievance, and the Director of Labour Relations shall give the Company answer in writing within three (3) work days following this meeting. A discharge grievance as provided in or a grievance on behalf of a group of employees raised to the Company by the Full-Time Representative of the Local Union within ten (10) calendar days after such request is delivered to following the Company and the Company shallalleged occurrence, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at filed in writing directly into Step Three, and thereafter be processed within the time the Company scheduled the vacationallowances of this procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any (a) It is the mutual desire of the Employer and the Union that all complaints and grievances shall be resolved as quickly as possible. (b) All meetings at which grievances are processed shall be held in camera. (c) Employees who are covered by this Agreement shall be required to follow the procedures laid down in this Article and any employee who believes that he/she has appeals directly to any Trustee or official of the Employer shall thereby forfeit all rights under this Article. (d) A grievance shall be defined as any differences arising out of the interpretation, application, administration, or alleged violation of the collective agreement including any question as to whether a justifiable complaint involving matter is arbitrable. (e) It is understood the scheduling same person will not hear the grievance at more than one step of the grievance procedure. (f) A copy of all grievance replies shall be forwarded to the Executive Superintendent of Human Resources Services or his/her vacation shall discuss his/her complaint with his/her department managerdesignate, with or without and the President and Chief ▇▇▇▇▇▇▇ of the Union representative for his/her plant area being present as at all steps. (a) In the event of a grievance by an employee, the employee may electshall take the matter up with the Employer within and not after ten (10) working days after the employee became aware of the incident or circumstances giving rise to the grievance. (b) A policy grievance or group grievance shall be taken up within and not after ten (10) working days of the Union/employee(s) becoming aware of the incident or circumstances giving rise to the grievance. 10.03 The following procedure shall be adhered to in processing grievances, save as otherwise provided in an attempt to settle samethis Article. STEP 1 The employee shall take the matter up with the employee ’ s immediate supervisor. However, any such The employee may, insteadif desired, if he/she so desires, report the matter directly to his/her be accompanied by a Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem▇▇▇▇▇▇▇. The provisions of Article 6, Section 3 immediate supervisor shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that have three (3) copies working days within which to reply in writing to the grievance. STEP 2 If the Step 1 reply is not satisfactory to the employee, the ▇▇▇▇▇▇▇ or the Chief ▇▇▇▇▇▇▇/Deputy Chief ▇▇▇▇▇▇▇ may, within and not after ten (10) working days of the Union’s pre-hearing brief receipt of the reply, advise the appropriate Department Manager or designate of their intent to proceed to Step 2. Should there not be a Department Manager, the Manager of Human Resource Services or designate shall be filed with so advised. The Manager or designate shall hear the arbitrator grievance within ten (10) calendar working days of the receipt of the notice and shall give his/her reply in writing within five (5) working days following the hearing. A grievance at Step 2 shall be in writing, shall contain a concise statement of the facts complained of, ▇▇▇▇▇▇▇ sought and be signed by the employee and the ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇. STEP 3 If the Step 2 reply is not satisfactory, the ▇▇▇▇▇▇▇ or Chief ▇▇▇▇▇▇▇/Deputy Chief ▇▇▇▇▇▇▇ may within and not after such request ten (10) working days of the receipt of the reply (or if no decision is delivered received within the time limits established in Step 2 submit the grievance to the Company Executive Superintendent of Human Resource Services or designate. Within ten (10) working days the Executive Superintendent of Human Resource Services or designate shall hear the grievance and the Company shall, shall render a written decision within ten (10) working days following the hearing. The Union may within and not after ten (10) working days from the date of receipt of notice from the arbitrator reply, refer the grievance to Arbitration in accordance with the provision of Article 11. 10.04 A grievance concerning a layoff by reason of a redundancy in the work force may be taken up at Step 3 of the Grievance Procedure. 10.05 In the event there are more than one Step 3 Grievance to be dealt with at the same time, a date shall be set to deal with them, that is mutually agreeable between the Union has submitted and the Employer. The time limits shall be extended if required to accommodate this date. 10.06 A grievance filed by a pre-hearing brief, file three (3) copies group of employees or a pre-hearing brief setting forth a statement policy grievance of the facts Union shall be taken up at Step 2 of the Grievance Procedure. 10.07 A policy grievance of the Employer shall be in writing and its position. It is understood may be initiated by the parties that Executive Superintendent of Human Resource Services by sending the intent grievance to the President of the foregoing Union by registered mail. If such grievance and arbitration procedure is not settled within fifteen (15) working days of the date of such delivery, the Employer may refer the grievance to obtain arbitration. 10.08 Notwithstanding the issuance provisions of the Labour Relations Act, a decision in arbitration no later than sixty (60) days prior grievance that has not commenced or proceeded to the scheduled starting date next step in the Grievance Procedure shall be deemed to be withdrawn. Any of the vacation. time limits in this Article may be extended by mutual agreement of the parties in writing. 10.09 In no event shall the resolution of such disputesEmployer be required to consider any grievance which, the Company’s determination as in respect to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available incident giving rise to the Company at grievance, has previously been settled on its merits under the time the Company scheduled the vacationGrievance or Arbitration Procedures.

Appears in 1 contract

Sources: Collective Agreement

Grievances. Step 1Any employee who believes Section 1 It is the intent of the parties to this Agreement that he/she has the procedure provided herein for the settlement of grievances shall serve as a justifiable complaint involving means for peaceful settlement of all disputes that may arise between them as to the scheduling application or interpretation of his/her vacation the provisions of this Agreement. Section 2 Any discussions or conferences with employees which may lead to disciplinary action shall discuss his/her complaint take place with his/her department manager, with a ▇▇▇▇▇▇▇ (or without the Union representative for his/her plant area being Chief ▇▇▇▇▇▇▇) present as if the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, requests. Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form Grievances are to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy presented and considered in accordance with the terms of this Agreement. Section 4 There shall be no responsibility of the Company to make an adjustment on any grievance unless it is submitted within five (5) working days after the occurrence giving rise to it, or the date when the Union should reasonably have known of the occurrence. Section 5 It is understood that the time limits specified herein may be extended by mutual agreement of the Company and the Union. Section 6 Any matters of contention between an employee(s) or the Union and the Company, shall be initially discussed between the employee(s) involved, if they wish to be present and to the extent that employees are involved, their ▇▇▇▇▇▇▇ or, in his absence, the designated replacement, and the appropriate company Manager. If such matter is not resolved at this informal step, the aggrieved party(s) shall proceed as provided below. Section 7 Any employee having a grievance shall file a written grievance through his ▇▇▇▇▇▇▇ to his Supervisor within the time frames defined above. The grievance form shall set forth a statement of the grievance including the date and approximate time the event occurred which gave rise to the grievance, the details of the event and a summary of the Articles of the Agreement allegedly violated, and the specific remedy or relief requested and shall be signed by the employee or ▇▇▇▇▇▇▇. The Supervisor and the ▇▇▇▇▇▇▇ shall meet within three (3) working days to endeavor to arrive at a satisfactory adjustment of the grievance. The Supervisor shall then provide a written decision within five (5) work days after discussion with the ▇▇▇▇▇▇▇. Section 8 If an employee is absent from the plant during decision of the entire posting or notification period due to illness, injury, or being on vacation and Supervisor is not otherwise notified during such posting or notification period satisfactory, the Chief ▇▇▇▇▇▇▇ shall appeal the grievance to the ▇▇▇▇▇▇▇ of the vacation period allotted to her/himSupervisor’s decision. If such appeal is not filed within the time limits specified herein, his/her complaint may the Supervisor’s decision shall be appealed final and there shall be no further recourse. Upon formal appeal as provided herein outlined above, the Business Manager shall meet with the Chief ▇▇▇▇▇▇▇ within seven (7) working days to endeavor to arrive at a satisfactory adjustment of the grievance. The Business Manager shall provide a decision within five (5) working days of the meeting with the Chief ▇▇▇▇▇▇▇. Section 9 If the decision of the Business Manager is not satisfactory, the Chief ▇▇▇▇▇▇▇ shall appeal the grievance to the Program Manager or designee provided such appeal is filed no later than ten (10) working days after his/her return receipt by the Chief ▇▇▇▇▇▇▇ of the Business Manager decision. The Program Manager shall meet with the Chief ▇▇▇▇▇▇▇ and full time representative of the Union at a mutually agreeable time within thirty (30) calendar days to work endeavor to arrive at a satisfactory adjustment of the grievance. The Chief ▇▇▇▇▇▇▇ shall inform the Program Manager at the time of the appeal of the identity of the full time representative of the Union. The Program Manager shall provide a decision within ten (10) working days of the meeting with the Chief ▇▇▇▇▇▇▇ and processed in accordance with step 2 full time representative of the Union. Section 10 Any grievance arising out of interpretation or alleged violation of the terms and conditions of this Articleagreement which has been properly processed according to this grievance procedure and has not been satisfactorily adjusted or settled, may then be appealed to Arbitration as provided in this Agreement, provided such notice of appeal is filed by the Union with the AF Labor Relations Manager no later than thirty (30) work days after receipt by the Chief ▇▇▇▇▇▇▇ of the decision provided by the Program Manager or the last day on which such decision was due if none is received, whichever is sooner; otherwise, such decision shall be final and there shall be no further recourse. Section 11 All of the steps of this grievance procedure may be waived and the parties may proceed directly to arbitration provided that there is mutual agreement between the parties to proceed directly to arbitration. Section 12 A grievance may be filed by an affected employee or ▇▇▇▇▇▇▇ on behalf of the employee and other similarly affected employees. Step 4If It is the intent of this section to eliminate the need for multiple filings of a grievance, based on the same set of facts. Section 13 A grievance remains unsettled after having been processed in Step 2, filed by the International Representative assigned Company shall be presented to the plant may, Chief ▇▇▇▇▇▇▇. The Program Manager or designee and the Chief ▇▇▇▇▇▇▇ shall meet within seven (7) working days after the mailing of the Step 2 answer, request, in writing, to endeavor to arrive at a meeting with the Step 4 Representative of the Company for the purpose of discussing satisfactory adjustment to the grievance. The provisions of Step 4 of Section 3 of Article 6 Chief ▇▇▇▇▇▇▇ shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, provide a decision within seven five (75) calendar working days after receipt of the Step 4 minutes, request, in writing, that meeting with the matter be submitted to an arbitrator appointed by Program Manager or designee. Section 14 Any decisions not provided within the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief time frames established shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to considered as unsatisfactory responses, except where extended by mutual agreement of the Company and the Company shallUnion, within ten (10) days following receipt of notice from and the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is party claiming to obtain the issuance of a decision in arbitration no later than sixty (60) days prior be aggrieved may proceed to the scheduled starting date of next step in the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationGrievance-Arbitration procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any employee who believes that he/she has a justifiable complaint involving 30.01 Any complaints, disagreements or differences of opinions between the scheduling parties hereto, concerning the interpretation, application, operation of his/her vacation shall discuss his/her complaint with his/her department managerthe Agreement, with or without violation of the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussionterms and provisions of this Agreement, shall take it up with be considered a grievance, subject to the employee’s department manager in a sincere effort to resolve the problem. The grievance and arbitration provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solutionthis Agreement. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form Employees found to be furnished by unacceptable to the Company. Step 2The employeeEmployer’s complaint Bonding Company may be appealed as provided in Step 2 of Section 3 of Article 6 discharged at the Employer’s discretion. 30.02 Grievances must be submitted to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, requestEmployer, in writing, not later than ten (10) working days from the event giving rise to the grievance, or it shall be waived by the aggrieved party. 30.03 No employee shall be subject to a meeting with disciplinary interview or be given a written reprimand, warning letter, or be suspended or dismissed except in the Step 4 Representative presence of a shop ▇▇▇▇▇▇▇, or in his or her absence, another member of the bargaining unit, selected by the employee. When a shop ▇▇▇▇▇▇▇ is present in the workplace, they shall be used as a witness for discipline unless the employee being disciplined chooses otherwise. Verbal coaching or notes to file in an employee’s personnel file shall not be considered a step in part of the progressive disciplinary process. Upon request, employees shall be given copies of any discipline documented in their personnel file. Where appropriate, discipline shall be conducted on Company time at or near the end of the employee’s shift. 30.04 Employees may request their right to the presence of a shop ▇▇▇▇▇▇▇ or in his absence another member of the bargaining unit as selected by the employee during a random security check of bags, purses and parcels. 30.05 If the ▇▇▇▇▇▇▇ or another member of the bargaining unit is present during the reprimand, warning letter or security check, he may advise the employee. 30.06 The procedure for the purpose adjustment of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 grievance and disputes by an employee shall apply with respect to such grievance. Step 5If the grievance is be as follows: cannot settled under the foregoing procedurebe reached within five (5) days, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days days; Disciplinary reprimands and suspensions which predate twenty-four (24) months of continuous discipline free employment shall not be used in any disciplinary action after such request is delivered that time. Notwithstanding, disciplinary warnings, reprimands and/or suspensions dealing with Violence/Harassment shall not be subject to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationthis clause.

Appears in 1 contract

Sources: Collective Agreement

Grievances. An ▇▇▇▇▇▇▇ effort shall be made to promptly settle complaints in the following order and manner: Step 1Any 1: The employee who believes that he/she has a justifiable complaint involving and the scheduling of his/her vacation ▇▇▇▇▇▇▇ shall discuss his/her his complaint with his/her department managerhis immediate supervisor within seven (7) days following the date the incident occurred that gave rise to the complaint; however, with or without if the Union representative for his/her plant area being present as incident occurred while the employee may electwas on an excused absence and he had no knowledge of it until his return to work, in an attempt the seven (7) day period shall begin on his first scheduled work day following the return from the absence. The employee, his shop ▇▇▇▇▇▇▇, and his supervisor are encouraged to make every possible effort to settle samethe grievance at this stage. However, any such The supervisor shall reply to the employee may, instead, if he/she so desires, report within three (3) days of the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes date the complaint merits discussionwas brought to his attention. When the Company immediately agrees to resolve the issue, the Company will provide written documentation to the Human Resources department and Union in lieu of the formal grievance procedure. Step 2: A complaint which is not resolved between the employee and his supervisor must be reduced to writing and submitted to the department manager within seven (7) days of the supervisor's reply. The department manager and/or his designated representative and ▇▇▇▇▇▇▇ involved shall take it up meet with the employee’s department manager in , a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager local union officer and the area Union representative ▇▇▇▇▇▇▇ within seven (7) days of the date the written grievance was received. He shall give his written answer within three (3) days of the date of the meeting. Step 3: An appeal of the department manager's answer must be made in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 writing to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted Plant Manager or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein his designated representative within seven (7) days after his/her return to work and processed in accordance receipt of the department manager's answer by the local Union. As a result of a meeting attended by the Plant Manager or his designated representative, together with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to or his designated representative, a committee representing the plant mayLocal Union, plus the aggrieved employee, a discussion of the appealed grievance shall take place within seven nine (79) days after the mailing of the Step 2 answer, request, in writing, a meeting with date the Step 4 Representative of the Company for the purpose of discussing the grievanceappeal notice was received. The provisions of Step 4 of Section 3 of Article 6 Plant Manager shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, give his answer within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationmeeting.

Appears in 1 contract

Sources: Local Amendment for Non Exempt Salary

Grievances. except those initiated by the International Union, shall be on a form provided by the local Union and shall state, when possible, the Article of the Contract violated, a description of the Act which is allegedly in violation of the Agreement. the grievant’ s name, the remedy sought and will be signed by the grievant and/or ▇▇▇▇▇▇▇. Step 1Any employee who believes that he/she has a justifiable complaint involving the scheduling of his/her vacation One The grievant shall discuss his/her complaint the grievance with his/her department managerhis immediate supervisor specifically telling the supervisor that this may be a subject for the second step process of the grievance procedure. He may bring with him his shop ▇▇▇▇▇▇▇ (or assistant shop ▇▇▇▇▇▇▇) if he so desires. If this discussion does not resolve the matter, with or without the Union representative for his/her plant area being present as supervisor shall give his answer to the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report by the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes end of the complaint merits discussion, shall take it up with second working day following the employee’s department manager in a sincere effort to resolve the problem. The provisions day of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel . Step Two The step one answer shall settle the need for aid grievance unless the grievance is placed in arriving at a solution. At the conclusion of such discussion, the employee’s department manager writing and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form delivered to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen 's Site Manager within five (155) working days after the vacation schedule for day on which the employee’s vacation scheduling unit Step One answer was given. The written grievance shall state the facts of the grievance and shall cite the provisions of this Agreement, if any, that are claimed to have been violated. The written grievance must be dated and signed by the shop ▇▇▇▇▇▇▇ (or assistant shop ▇▇▇▇▇▇▇) and/or by the grieving employee(s). The Company Site Manager shall meet with the shop ▇▇▇▇▇▇▇, the aggrieved, and witnesses promptly to discuss the grievance and any settlement arrived at shall be reduced to writing and signed by both parties. The Site Manager's step two answer shall be given in writing to the shop ▇▇▇▇▇▇▇ within five (5) working days following the day of the meeting. Step Three The step two answer shall settle the grievance unless It is posted or otherwise made known appealed to employees via written copy the Company's Designated Representative within five (5) days of the shop ▇▇▇▇▇▇▇'▇ receipt of the step two answer. The Company's Designated Representative shall meet with the Union's Authorized Representative promptly to discuss the grievance and any settlement arrived at shall be reduced to writing and signed by both parties. If no settlement is achieved, the Company's step three answer shall be given in writing to the Union's Authorized Representative within five (5) working days following the day of the meeting. The step three answer shall settle the grievance unless it is appealed to arbitration in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationNineteen.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any employee who believes that he/she has In order to establish a justifiable complaint involving more harmonious and cooperative relationship between the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager Commission and the area Union representative in employees, every employee shall have the oral step, after full discussion, feel the need for aid in arriving at right to present his unresolved dispute as a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy grievance in accordance with the aboveprocedures provided herein, free from interference, coercion, restraint, discrimination or reprisal, and shall have the right to be represented by a person of his own choosing at all stages of the grievance procedure. A. FIRST STAGE The employee and/or his representative shall present his grievance to his department supervisor on an oral and informal basis. Such presentation shall be made no later than the third work day following the day the employee becomes aware of such grievance. The department supervisor shall, within five (5) days, to such extent as he may deem appropriate, consult with his superiors. If an the grievance is satisfactorily resolved by the department supervisor, he shall, by written memorandum, promptly notify the Director of Municipal Utilities, of such settlement, and no further action on the part of the employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and will be taken. If such grievance is not otherwise notified during satisfactorily resolved at Stage 1, the employee may proceed to Stage 2. B. SECOND STAGE The second procedural stage shall consist of a request by the aggrieved employee and/or his representative for a review and determination of this grievance by the Director of Municipal Utilities or his designee. In such posting case the aggrieved employee and his department supervisor shall, independently, submit to the Director of Municipal Utilities or notification period his designee, a written statement setting forth the specific nature of the vacation period allotted to her/himgrievance and the remedial action desired; and these shall be presented, his/her complaint may be appealed as provided herein by mail or delivery, within seven three (73) work days after his/her return to work of employee notification of the conclusion of Stage 1. Thereupon the Director of Municipal Utilities or his designee shall, at the request of the employee, hold an informal hearing at which the employee, and processed in accordance with step 2 the provisions of this Article. Step 4If the grievance remains unsettled after having been processed procedure, his representative may appear and present oral and written statements or arguments. The final determination of the second stage of such grievance proceeding shall be made by the Director of Municipal Utilities or his designee, in Step writing, within two (2, the International Representative assigned ) work days of conclusion of these hearings. A copy of such decisions shall be mailed to the plant mayemployee, within seven and his representative, if any, and such mailing shall constitute the end of Stage 2. C. THIRD STAGE - ARBITRATION In the event that the employee elects to take the grievance to arbitration the following shall apply: 1. Within five (75) work days after of the mailing of the Step 2 answerdecision of the Municipal Utility Commission, request, in writing, a meeting the employee shall give written notice to the Chairman of the Commission of the employee's request for arbitration of his grievance. Promptly thereafter the Chairman of the Commission shall make arrangements with the Step 4 Representative representative of the Company Steuben County Local of the Civil Service Employees Association, Inc. for the purpose selection of discussing an arbitrator, as mutually agreed upon by the Chairman and the Representative. If the Chairman of the Commission and the Representative shall fail to agree upon an arbitrator, then either may petition PERB for the selection of an arbitrator according to the rules and procedures of PERB. 2. The arbitrator shall meet with the employee, his representative, if any, and a representative of the Commission at such times and places as mutually agreed to be necessary for the arbitrator to properly hear and determine the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within Within ten (10) days following receipt of notice from the conclusion of the hearings, the arbitrator that shall make a written findings of fact, and determination, including reasons for the Union has submitted determination. A copy thereof shall be mailed to the employee, a pre-hearing briefcopy to his representative, file three (3) copies of and a pre-hearing brief setting forth a statement copy to the Chairman of the facts Commission. Such determination shall be binding on both parties. The fees and its position. It is understood expenses of the arbitration, including taking and transcribing of the record or testimony and decision, and the costs of the hearing room if any, all shall be shared equally by the parties that Commission and the intent CSEA. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for the other party's share of the foregoing grievance and arbitration procedure is to obtain divided costs nor the issuance expenses of a decision in arbitration no later than sixty (60) days prior to witnesses or participants called by the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationother.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any employee who believes that he/she has is a justifiable dispute or complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 arising out of this Article. Step 4If Agreement or the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing relationship of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions Any such shall be raised by an employee on behalf or, if on the behalf of Section 1 a group of Article 7 employees, or a policy grievance, it shall apply with respect to such grievance except that three (3) copies be raised by the Full-Time Representative of the Union’s pre-hearing brief Local Union or the Chief ▇▇▇▇▇▇▇. Should a grievance arise, there shall be filed with no stoppage or suspension of work, but the arbitrator within ten (10) calendar days after such request is delivered matter shall be resolved as promptly as possible by application of the orderly procedure to follow: STEP ONE: The employee shall bring grievance to the Company and the Company shall, attention of supervisor within ten (10) five work days following receipt of notice from the arbitrator that alleged occurrence. If the Union has submitted employee wishes may be accompanies by ▇▇▇▇▇▇▇. The supervisor shall offer a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its positionsolution verbally within no more than two work days thereafter. It is understood by the parties that the intent of the foregoing STEP TWO: The grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall will be evaluated deemed settled on the basis of the information reasonably available Company (supervisor's) Step One answer unless the grievance is appealed in writing to the Company at Production Manager within seven work days following the time supervisor's reply to the alleged occurrence. Within three (3) work days following timely appeal, the Production Manager (and/or such other persons as may be designated by the Company) will meet with the aggrieved employee and ▇▇▇▇▇▇▇ to resolve the grievance, and the Production Manager shall give the Company scheduled answer in writing within two ( 2 ) work days following this meeting STEP THREE: The grievance will be deemed settled on the vacationbasis of the Company (Production Manager's) Step Two written answer unless the grievance is appealed in writing to the General Manager within three (3) work days thereafter. Within three (3) work days following timely appeal, the General Manager (and/or such other persons as may be designated by the Company) will meet with the aggrieved employee, ▇▇▇▇▇▇▇ (and the Full-Time Representative, or other such comparable official as may be designated by the Local Union) to resolve the grievance, and the General Manager shall give the Company answer in writing within three (3) work days following this meeting. The grievance will be deemed settled on the basis of the Company (General Manager) Step Three written answer unless the grievance is appealed in writing to arbitration within ten work days thereafter. Within five work days following timely appeal, the Union and Company shall agree upon a professional Arbitrator, or failing to do so, the Minister of Labour, Province of Ontario, will be requested to submit a panel of five (5) arbitrators from which each party shall alternately strike names with the last remaining name being the Arbitrator.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. 12-1 The purpose of the grievance procedure is to provide a fair, formal and expeditious manner of resolving differences as to any matter contained in this Agreement. To that end, employees are encouraged to first attempt to informally resolve their concerns with their direct administrator before initiating a grievance. The grievance process shall not be utilized to resolve complaints of alleged sexual harassment or discrimination. Instead these concerns should be filed in accordance with District Policy GBAA, Harassment of Employees. 12-2-1 Step 1Any employee who believes that he/she has a justifiable complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department managerOne – Department Level Grievance In order to initiate Step One, with or without the Union representative for his/her plant area being present as the employee may elect, in an attempt must submit a Step One grievance form no later than ten (10) workdays after the incident to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up appropriate department administrator (director level or above unless mutually agreed with the employee’s department manager in a sincere effort JESPA). A meeting to resolve the problemgrievance will occur within five (5) workdays. The provisions of Article 6, Section 3 shall apply if the employee’s department manager employee and the area Union representative in administrator will attempt to resolve the oral step, after full discussion, feel issue and may present or consider all available evidence at the need for aid in arriving at a solutionmeeting. At the conclusion of such discussionthe grievance meeting, the employee’s department manager administrator authorized to conduct this meeting shall respond to the employee within five (5) workdays responding to the issue(s) discussed and any resolution(s) reached. Copies of this decision shall be transmitted to the office of Employee Relations, the JESPA, and the area Union representativegrievant. If a satisfactory resolution of the issue is not reached at Step One, or their designated representatives, shall promptly complete and sign the JESPA may initiate a Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance Two Grievance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period office of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Employee Relations by filing a Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator Two Grievance form within ten (10) calendar workdays after receiving the Step One decision. The JESPA may also directly file a Step Two Grievance if the grievance concerns a class of employees or the issue affects the JESPA’s representative status. Direct filings must occur within twenty (20) workdays of the alleged offense. In the event of an ongoing situation, a grievance must be filed when the JEPSA is made aware of the issue. A designated District administrator (director level or above unless mutually agreed with the JESPA) will serve as the review officer at Step Two. Upon receipt of a properly completed and timely written request, Employee Relations will schedule a Step Two Review within five (5) working days and hold the review within twenty (20) workdays after such receipt of the a Step Two request form. The District shall tender all relevant evidence in plans to present at the Step Two review to JESPA no later than five (5) days before the scheduled Step 2 meeting. At the Step Two review meeting, the review officer will consider all documentation and evidence submitted with the Step Two request, the District rebuttal evidence, will hear arguments presented by representatives for both parties, and will have the opportunity to ask questions of the parties. Neither party will be permitted to present new issues at the review meeting, unless mutually agreed to by the parties. The review officer will furnish the JESPA and District with a written copy of their decision within five (5) workdays after the review meeting was held. The review officer may be granted an extension for good cause by making a request of both the office of Employee Relations and the JESPA. The JESPA may elect to proceed to Step Three in the event a copy of the written decision is delivered not furnished to the Company JESPA within five (5) workdays. 12-2-3 Step Three –Arbitration If the grievance is not resolved at Step Two, a demand for Arbitration will be transmitted in writing by the JESPA to the office of Employee Relations, within twenty (20) workdays after the JESPA receives the Step Two decision. The office of Employee Relations and the Company shallJESPA will agree to a list of five (5) potential arbitrators within five (5) workdays of the arbitration demand. If the parties are unable to agree to a list of five (5) potential arbitrators within the specified timeframe, within ten (10) days following receipt of notice the party demanding arbitration may request such a list from the American Arbitration Association (AAA), the cost of which will be shared equally among the parties. Within five (5) workdays of agreeing to or receiving the list of potential arbitrators, the parties will strike names to arrive at the arbitrator that who will hear the Union has submitted a pre-hearing briefcase. The party bearing the burden of persuasion in the arbitration will strike first, file followed by the other party, until only one name remains. Within three (3) copies workdays of a preselecting an arbitrator, the parties will contact the arbitrator to schedule the hearing. The arbitrator shall establish procedural rules, conduct necessary hearings, and issue recommendations and findings to both the District and the JESPA. The arbitrator is encouraged to issue recommendations and findings within twenty-hearing brief setting forth a statement one (21) days from the conclusion of the facts hearing. Within five (5) workdays after receipt of the arbitrator’s decision, the District and its positionthe JESPA will schedule a meeting to discuss the decision. It is understood No public release of information may be made until after such meeting. The Board shall take official action on the decision of the arbitrator within thirty (30) days of the discussion meeting. Costs for the services of the arbitrator, including per diem expenses, actual and necessary travel and subsistence expenses, shall be shared equally by the parties that District and the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacationJESPA. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall All deadlines may be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationextended by mutual Agreement.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any employee who believes that he/she has a justifiable complaint involving the scheduling of his/her vacation shall discuss his/her complaint with his/her department manager, with or without The Company and the Union representative for his/her plant area being present as agree that it is most desirable to resolve misunderstandings and disputes through discussions between the employee may electand the supervisor, in an attempt and both the Company and the Union shall encourage employees to settle samediscuss their complaints with their supervisors so as to resolve differences quickly and directly. HoweverFormal grievances, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussionwhether individual or executive, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than raised within fifteen (15) calendar days after of the vacation schedule for date on which the employee’s vacation scheduling unit is posted grievances become apparent, or otherwise made known ought to employees via written copy have become apparent. Grievances shall be in accordance writing on the approved grievance form and shall identify, where applicable, the section or sections of the agreement claimed to have been violated. Grievances shall be dealt with in the following manner without stoppage of work: STEP 1: (Marketing Centers Only) The grievance shall be taken up with the above. If an employee is absent from the plant during the entire posting Marketing Centre Manager (or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period his designate) who shall render a decision within three (3) working days of the vacation period allotted to her/himreceipt of the grievance. Grievances, his/her complaint may which involve dismissal or suspension in excess of seven (7) calendar days, Head Office grievances, and executive grievances shall dispense with Step 1. STEP 2: Within seven (7) working days of the receipt of the decision in Step 1 the grievance shall be appealed as provided herein taken up with the Chief Operating Officer (or his designate), who shall render a decision within seven (7) days after his/her return to work and processed in accordance with step 2 of this Articleworking days. Step 4If the grievance remains unsettled after having been processed in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within In grievances which involve dismissal or suspension which exceeds seven (7) calendar days after receipt days, the Company and the Union may combine steps two and three of the grievance procedure to expedite the matter. STEP 3: In the event that a decision is not rendered at Step 4 minutes2, requestor the decision does not lead to resolution in the view of the parties, in writingthe General Secretary of the Union or his/ her designate shall immediately consult with the Chief Operating Officer, that Heartland Livestock Services / Northern Livestock Sales or his/her designate. If after fourteen (14) working days from the matter date of submission at Step 3 an amicable settlement is not arrived at, it may be submitted to an arbitrator appointed arbitration as hereinafter provided for. STEP 4: A grievance is referred to arbitration by either party giving notice to the parties heretoother in writing of their intention to do so. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief Such written notice shall be filed with the arbitrator given within ten (10) calendar working days after of the receipt of decision at Step 3, or from the expiry of the time limits at Step 3, whichever is the earlier. Within fourteen (14) days of receipt of such request is delivered written notice, the parties shall meet and appoint a single Chairperson to the Company Board. If the parties fail to agree and fail to appoint a Chairperson within fourteen (14) working days of their initial meeting, they shall request the Minister of Labour for Saskatchewan to appoint a Chairperson to the Arbitration Board and the Company shallperson so appointed shall be duly empowered to act accordingly. Time limitations in the preceding process may be extended by mutual agreement between the parties, within ten (10) days following receipt of notice from the arbitrator provided that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days requests for extensions are made prior to the scheduled starting date expiry of the vacationtime limitation. Employees may have benefit of representation by Union officials at any of the steps in the procedure, and similarly management representatives may have benefit of counsel. In the resolution event of such disputesa grievance, the Company’s determination as Company agrees, upon request, to provide the Union with copies of disciplinary and/or appraisal documents which have been served upon the employee, which the Company intends to use in regard to the scheduling required specific grievance. References to insure the orderly operation of the plant disciplinary matters shall be evaluated on removed from the basis of the information reasonably available to the Company at the time the Company scheduled the vacation.employee’s personal file after two

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. 10.01 Any difference between the Company and one or more of its employees as to the meaning or interpretation of the provisions of this Agreement or any matter involving hours, wages, or working conditions covered by this Agreement may constitute a matter for a grievance. 10.02 Step 1Any 1 Any employee who believes that he/she he has a justifiable complaint involving or grievance may discuss the scheduling of his/her vacation shall discuss his/her complaint or grievance with his/her department manager, with or without the Union representative for his/her plant area being present as his Section Manager and if the employee may elect, in an attempt to settle same. However, any such employee may, instead, if he/she so desires, report in the matter directly presence of an Federation ▇▇▇▇▇▇▇, within five working days after circumstances giving rise to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussionor grievance have originated or occurred. The Section Manager shall state his decision or refusal to make a decision in writing within two working days, or a time mutually agreed upon. 10.03 Step 2 If a settlement is not reached at Step 1 a written statement of the grievance signed by the employee, shall take it up with be submitted by a member of the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 Federation Grievance Committee to the Fourth Step no later than fifteen (15) Company Official designated in writing to the Federation, within two working days after the vacation schedule for Section Manager's decision in Step 1 is given. The matter of the employee’s vacation scheduling unit is posted or otherwise made known to employees via grievance will be discussed between them, and the designated official shall answer the grievance in writing within two working days following receipt of the written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injurygrievance, or being on vacation and a time mutually agreed upon. 10.04 Step 3 If it is not otherwise notified during such posting or notification period decided to process the grievance further, it shall be presented in writing by the Federation to the Manager, Human Resources within five working days of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed decision in Step 2, the International Representative assigned to the plant may, within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar Within eight working days after receipt of the Step 4 minuteswritten grievance by the Manager, requestHuman Resources, employees not exceeding three in number, will meet to discuss the grievance with the Manager, Human Resources and appropriate Company representatives. An accredited representative of the International Federation of Professional and Technical Engineers shall be present at this stage on request of either the Federation or the Company. An answer in writing will be given by the Manager, Human Resources within eight working days after the meeting has been held, or within any longer period which may be mutually agreed upon. 10.05 Failing settlement at the third step referred to in Section 10.04 any grievance alleging non-application or misinterpretation of the provisions of this Agreement may be referred to a Board of Arbitration upon the request of either party, in accordance with the procedure provided for in Article 11. 10.06 If the time allowance provided for above, and any mutually agreed upon extensions are not observed by the Federation, the grievance will be considered dropped; if such time allowances or any agreed upon extensions are not observed by the Company, then the grievance will be considered to have advanced to the next stage. 10.07 Any difference arising directly between the Company and the Federation may be submitted under the Grievance Procedure, in writing, that the matter by either party, commencing with Step 3. Such a grievance must be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar five working days after such request is delivered the circumstances giving rise to the Company grievance have originated or occurred and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts procedure for meeting at Step 3 and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time limit for the Company scheduled Federation to answer the vacationgrievance shall appropriately apply.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Grievances. Step 1Any employee 8.01 For purposes of this Agreement, a grievance is a violation or alleged violation of this Agreement, or a matter relating to or involving the interpretation, application or administration of this Agreement. 8.02 The Company, Union and Employees agree that complaints and grievances should be addressed as quickly as possible. 8.03 The Company and Union encourage Employees to bring any complaints to the attention of the Camp Manager for consideration before a grievance is filed. When discussing a complaint with the Camp Manager, an Employee has the right to be accompanied by his Shop ▇▇▇▇▇▇▇. If, after bringing the matter to the attention of the Camp Manager, the Employee is still not satisfied, a written grievance may be filed. 8.04 All grievances to be processed hereunder shall be filed in writing, signed by the Employee, and shall set forth the essential facts of the grievance, with reference to the Employee’s particular claim, the Article(s) of this Agreement under which the grievance is filed, and the redress claimed. Such written grievance shall then form the basis of the grievance through all the steps of the grievance procedure and arbitration process. 8.05 An Employee who believes that he/she has a justifiable complaint involving grievance as defined above shall continue to perform his assigned duties. 8.06 Grievances meeting the scheduling above requirements shall be processed within the time limits and in the manner stated below: Step 1: A written grievance shall be prepared and presented to the Camp Manager within ten (10) days of his/her vacation the occurrence of the event giving rise to the grievance. Within five (5) days of receipt of the written grievance, the Camp Manager shall discuss his/her complaint with his/her department managerprovide a written response to Step 2: If settlement is not reached at Step 1, with a Shop ▇▇▇▇▇▇▇ or without staff representative of the Union representative for his/her plant area being present as may submit the employee may elect, in an attempt grievance to settle same. However, any such employee may, instead, if he/she so desires, report the matter directly to his/her Union representative for his/her plant area. In such event, such Union representative, if he/she believes the complaint merits discussion, shall take it up with the employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to be furnished by the Company. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to the Fourth Step no later than fifteen (15) days after the vacation schedule for the employee’s vacation scheduling unit is posted or otherwise made known to employees via written copy in accordance with the above. If an employee is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein area manager within seven (7) days after his/her return to work and processed in accordance of receipt of the Camp Manager’s written response. The Company’s area manager shall meet with step 2 of this Article. Step 4If or otherwise discuss the grievance remains unsettled after having been processed in Step 2, with the International Representative assigned to the plant may, Shop ▇▇▇▇▇▇▇ or staff representative within seven (7) days after the mailing of the Step 2 answer, request, in writing, a meeting with the Step 4 Representative his receipt of the Company for the purpose of discussing the grievance. The provisions of Step 4 of Section 3 of Article 6 Company’s area manager shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, provide a written response within ten (10) days following of his receipt of notice from the arbitrator that grievance. Step 3: If settlement is not reached at Step 2, a staff representative of the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of may submit the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination Chief Operating Officer within seven (7) days of receipt of the area manager’s written response. The Company’s Chief Operating Officer shall meet with or otherwise discuss the grievance with the staff representative within ten (10) days of his receipt of the grievance. The Company Chief Operating Officer shall provide a written response within fifteen (15) days of his receipt of the grievance. 8.07 When two or more Employees wish to file a grievance arising from the same alleged violation of this Agreement, such grievance must be handled as a Group Grievance and presented to the scheduling required to insure the orderly operation Company’s area manager at Step 2 of the plant grievance procedure but in no event not more than ten (10) days from the occurrence of the event giving rise to the grievance. 8.08 The Union shall have the right to initiate a policy grievance or grievance of a general nature. The Company may also file a grievance for an alleged violation of this Agreement. Such grievances shall be evaluated on the basis initiated at Step 3 of the information reasonably available grievance procedure. 8.09 If settlement is not reached at Step 3, a grievance may be referred to Arbitration as set forth in Article 9. The Union shall notify the Company at of its intent to seek arbitration by written notice served by registered mail within fourteen (14) days of receipt of the Chief Operating Officer’s response after completion of Step 3 of the grievance procedure. 8.10 All time limits for the filing and processing of grievances are mandatory and any non-compliance with such time limits shall result in the grievance being deemed abandoned. Notwithstanding the foregoing, the Company scheduled and the vacationUnion may, by agreement in writing, extend or waive any time limit. 8.11 The Company agrees to provide the Union, by registered mail or e-mail, the names and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for the Camp Manager, area manager and Chief Operating Officer. 8.12 The Union agrees to provide the Company, by registered mail or e-mail, the names and relevant contact information (mailing address, e-mail address, telephone number, fax number, and mobile telephone number) for Shop Stewards and staff representative(s) assigned to represent the Employees.

Appears in 1 contract

Sources: Collective Agreement

Grievances. 25.1 The purpose of this Article is to establish a procedure for the settlement of grievances which involve the interpretation and application of a specific provision of this Agreement. All such grievances will be handled as provided in this Article. Matters raised that the parties agree do not involve the interpretation and application of a specific provision of the Agreement shall be referred to the parties’ joint labor-management committee or other parties as necessary. 25.2 No grievance shall be considered under the grievance procedure unless it is presented as provided therein with reasonable promptness after the circumstances giving rise to the grievance first occurred. A grievance will be considered settled on the basis of the last answer given. If a grievance is once settled in any of the following steps, it shall be considered closed and shall not thereafter be subject to the grievance procedure or to arbitration hereunder. Step 1Any employee who believes that he/she has a justifiable complaint involving 1. Within 21 days from the scheduling date on which the grievant and/or the Union knew or should have reasonably known of his/her vacation shall discuss his/her complaint with his/her department managerthe matter or action giving rise to the grievance, the aggrieved employee, either with or without a Union representative, shall first take up the matter with the immediate supervisor. The grievance of the employee may be adjusted in a manner not inconsistent with the terms of this Agreement, provided that the Union representative for his/her plant area being present as the employee may elect, in has been given an attempt opportunity to settle samebe present. However, any such employee may, instead, if he/she so desires, report If the matter directly to his/her Union representative for his/her plant area. In such eventis not satisfactorily settled as a result of their discussion, such the Union representative, if he/she believes shall submit the complaint merits discussion, written grievance to the same immediate supervisor who shall take it up add an answer in writing and send the grievance to the Human Resources Manager with a copy to the Union. If the grievance concerns discharge or discipline of an employee’s department manager in a sincere effort to resolve the problem. The provisions of Article 6, Section 3 shall apply if the employee’s department manager and the area Union representative in the oral step, after full discussion, feel the need for aid in arriving at a solution. At the conclusion of such discussion, the employee’s department manager and the area Union representative, or their designated representatives, shall promptly complete and sign the Step 2 oral disposition form to grievance must also be furnished signed by the Companyemployee involved in order to advance beyond Step 2. Step 2. Step 2The employee’s complaint may be appealed as provided in Step 2 of Section 3 of Article 6 to Within one (1) week after the Fourth Step no later written grievance is received by the Human Resources Manager, but not more than fifteen ten (1510) days after it is submitted to the vacation schedule for supervisor in Step 1, the employee’s vacation scheduling unit is posted Human Resources Manager (or otherwise made known to employees via written copy in accordance a representative) shall meet with the aboveUnion representative after which an answer in writing shall be submitted to the Union within one (1) week. Step 3. If an employee no satisfactory settlement is absent from the plant during the entire posting or notification period due to illness, injury, or being on vacation and is not otherwise notified during such posting or notification period of the vacation period allotted to her/him, his/her complaint may be appealed as provided herein within seven (7) days after his/her return to work and processed in accordance with step 2 of this Article. Step 4If the grievance remains unsettled after having been processed reached in Step 2, the International Representative assigned Union may submit the grievance to the plant mayDirector of Labor Relations or designated representative, who shall meet with the Chief ▇▇▇▇▇▇▇ and a Business agent within seven one (71) days week after submission and shall give an answer in writing to the mailing Union within one (1) week after such meeting. 25.3 If the nature of the Step 2 answergrievance makes it appropriate, request, in writing, a meeting with the Step 4 Representative written grievance may be submitted directly by the Union to the Director of Labor Relations or by the Company for Director of Labor Relations to the purpose of discussing the grievanceUnion. The provisions of Step 4 of Section 3 of Article 6 procedure set forth in the preceding paragraph shall apply with respect to such grievance. Step 5If the grievance is not settled under the foregoing procedure, then the Union Step 4 Representative may, within seven (7) calendar days after receipt of the Step 4 minutes, request, in writing, that the matter be submitted to an arbitrator appointed by the parties hereto. The provisions of Section 1 of Article 7 shall apply with respect to such grievance except that three (3) copies of the Union’s pre-hearing brief shall be filed with the arbitrator within ten (10) calendar days after such request is delivered to the Company and the Company shall, within ten (10) days following receipt of notice from the arbitrator that the Union has submitted a pre-hearing brief, file three (3) copies of a pre-hearing brief setting forth a statement of the facts and its position. It is understood by the parties that the intent of the foregoing grievance and arbitration procedure is to obtain the issuance of a decision in arbitration no later than sixty (60) days prior to the scheduled starting date of the vacation. In the resolution of such disputes, the Company’s determination as to the scheduling required to insure the orderly operation of the plant shall be evaluated on the basis of the information reasonably available to the Company at the time the Company scheduled the vacationapply.

Appears in 1 contract

Sources: Collective Bargaining Agreement