LOCAL GRIEVANCE PROCEDURE. 16.1 The following grievance procedure is in accordance with the requirements of The Labour Relations Code and provides for the peaceful settlement of any differences, between the Parties, arising from the interpretation, application or operation of this Collective Agreement, including any questions as to whether the differences are arbitrable and shall be dealt with as follows: Step 1 Such differences (hereinafter called a "grievance") shall first be submitted in writing to the chairperson of the Association Local Teacher Welfare Committee, the chairperson of the Association Local Grievance Committee, and the Secretary-Treasurer of the Employer. a) Such written submission shall be made within twenty-one (21) teaching days from the date the griever first had knowledge of the alleged violation. b) The submission shall set out the nature of the grievance, the Articles of this Collective Agreement which are alleged to have been violated, and the remedy sought. Step 2 In the event the grievance is not settled within fifteen (15) teaching days from the date of the submission in accordance with Step 1, then within a further period of fifteen (15) teaching days the grievance shall be referred in writing to the Grievance Committee. a) Such Grievance Committee shall consist of two (2) representatives of the Association and two (2) representatives of the Employer. b) This Grievance Committee shall meet and endeavour to resolve the grievance, and shall render its decision within fifteen (15) teaching days following receipt of the submission. c) If the majority of the Grievance Committee reaches a decision as to the disposition of the grievance, the decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Committee. Step 3 In the event the Grievance Committee does not meet within fifteen (15) teaching days following receipt of the submission, or in the event that the Committee does not reach a majority decision within the said time limitation, then either Party may, by written notice to the other Party, require the establishment of an Arbitration Board as hereinafter provided. a) Such notice must be given within ten (10) teaching days after the fifteen- day limitation in Step 2b expires. b) Concurrently with the notice by the Party requiring the establishment of an Arbitration Board, the Party shall name its nominee to the Arbitration Board, and the recipient of the notice shall, within five (5) teaching days, inform the other Party of its nominee to the Arbitration Board. c) The two nominees so appointed shall, within five (5) teaching days of the appointment of the second of them, appoint a third person, who shall be Chairman of the Arbitration Board. In the event of failure to agree on the appointment of a Chairman, either Party may request the Director of Mediation Services with Alberta Department of Labour to make the necessary appointment. Step 4 The Arbitration Board shall hear and determine the grievance and shall issue an award in writing not later than ninety (90) calendar days after commencement of the hearings, provided that this time period may be extended by written consent of the Parties. a) Such award shall be final and binding upon the Parties and upon any employee affected by it. b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where there is no majority the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board. c) The Arbitration Board by its decision shall not alter, amend or change the terms of this Collective Agreement. d) Each Party to the grievance shall bear the expense of its respective nominee, and the two Parties shall bear in equal proportions the expense of the Chairman. 16.2 In the event that, at any stage of the aforesaid procedures (except in respect of appointing persons to an Arbitration Board), one of the Parties fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be concluded in the other Party's favour. 16.3 Any of the aforesaid time limits may be extended at any stage by mutual consent of the Parties
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 The following grievance procedure is in accordance with the requirements of The Labour Relations Code and provides for the peaceful settlement of any differences, Any difference between the Partiesparties, arising from any employee covered by this agreement and the Employer or in a proper case between the Alberta Teachers' Association and the Employer concerning the interpretation, application application, operation or operation alleged violation of this Collective Agreement, agreement and further including any questions dispute as to whether the differences are arbitrable and difference is arbitrable, shall be dealt with as follows:, without stoppage of work or refusal to perform work.
16.1.1 Step 1 "A" - Such differences difference (hereinafter called "a "grievance") shall first be submitted in writing to the chairperson Superintendent of the Association Local Teacher Welfare CommitteeSchools, the chairperson of the Association Local Grievance Committee, Teacher Welfare Committee and the Secretary-Treasurer Coordinator of Teacher Welfare of the Employer.
a) Association. Such written submission shall be made within twenty-one (21) teaching 30 days from the date of the griever incident giving rise to the grievance or from the date the grievor first had knowledge of the alleged violation.
b) The submission incident, whichever is later. Such grievance shall set out the nature of the grievance, the Articles articles of this Collective Agreement which are agreement that it is alleged to have been violated, violated and the remedy sought. It shall be the responsibility of the respondent of the grievance to arrange a meeting with the grievor and/or their representative, within 10 days of receiving notice of the grievance, if a meeting is requested by either of the parties. The respondent shall review the grievance and within 15 days of receipt of the grievance shall render a decision in writing to the grievor, the chairperson of the Teacher Welfare Committee and the Coordinator of Teacher Welfare.
16.1.2 Step 2 "B" - In the event the grievance is not settled within fifteen (15) teaching days from the date decision of the submission in accordance with Step 1, then within a further period of fifteen (15) teaching days the grievance shall be referred in writing to the Grievance Committee.
a) Such Grievance Committee shall consist of two (2) representatives of the Association and two (2) representatives of the Employer.
b) This Grievance Committee shall meet and endeavour respondent fails to resolve the grievance, and shall render its decision within fifteen (15) teaching days following receipt of the submission.
c) If the majority of the Grievance Committee reaches a decision as to the disposition of the grievance, the decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Committee.
Step 3 In the event the Grievance Committee does not meet within fifteen (15) teaching days following receipt of the submission, or in the event that the Committee does not reach a majority decision within the said time limitation, then either Party may, party may by written notice to the other Party, require the establishment of an Arbitration Board arbitration board as hereinafter provided.
a) . Such notice must be given within ten (10) teaching 20 days after the fifteen- day limitation in Step 2b expiresdate of receipt of the respondent’s written decision.
b) Concurrently with 16.2 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice by the Party requiring the establishment of an Arbitration Board, the Party shall name its nominee to the Arbitration Board, and the recipient two members shall endeavour to select an independent chairperson.
16.3 If the two members fail to select a chairperson within ten days after the day on which the latter of the notice shalltwo members is appointed, within five (5) teaching days, inform the other Party of its nominee to the Arbitration Board.
c) The two nominees so appointed shall, within five (5) teaching days of the appointment of the second of them, appoint a third person, who they shall be Chairman of the Arbitration Board. In the event of failure to agree on the appointment of a Chairman, either Party may request the Director of Mediation Services with Alberta Department of Labour Services, to make the necessary appointmentselect a chairperson.
Step 4 16.4 The Arbitration Board arbitration board shall hear determine its own procedure but shall give full opportunity to all parties to present evidence and determine to be heard.
16.5 The arbitration board shall not change, modify or alter any of the terms of
16.6 The findings and decisions of the arbitration board shall be binding on the parties.
16.7 Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairperson.
16.8 Reference to days in this clause shall be exclusive to instructional days.
16.9 The purpose of the grievance procedure is to ensure that all grievances are processed properly and shall issue an award in writing not later than ninety (90) calendar days after commencement expeditiously. If the respondent fails to comply with the provisions of the hearingsgrievance procedure, provided that this time period the grievance may be processed to the next step. If the grievor fails to comply with the provisions of the grievance procedure, the grievance shall be considered abandoned. Time limits may be extended by the written consent agreement of the Partiesboth parties.
a) Such award shall be final and binding upon the Parties and upon any employee affected by it.
b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where there is no majority the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board.
c) The Arbitration Board by its decision shall not alter, amend or change the terms of this Collective Agreement.
d) Each Party to the grievance shall bear the expense of its respective nominee, and the two Parties shall bear in equal proportions the expense of the Chairman.
16.2 In the event that, at any stage of the aforesaid procedures (except in respect of appointing persons to an Arbitration Board), one of the Parties fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be concluded in the other Party's favour.
16.3 Any of the aforesaid time limits may be extended at any stage by mutual consent of the Parties
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 The following grievance procedure is Any difference between an employee covered by this Collective Agreement and the Employer or, in accordance with the requirements of The Labour Relations Code and provides for the peaceful settlement of any differences, a proper case between the Parties, arising from local of the Association and the Employer concerning the interpretation, application application, operation, or operation alleged violation of this Collective Agreement, and further including any questions dispute as to whether the differences are arbitrable and difference is arbitrable, shall be dealt with as follows:, without stoppage of work or refusal to perform work.
Step 1 16.2 Such differences difference (hereinafter called 'a "grievance"') shall first be submitted in writing to the chairperson of the Association Local Teacher Welfare Committee, the chairperson of the Association Local Grievance Committee, and the Secretary-Treasurer of the Employer.
a) Employer and to the chairperson of the local Teacher Welfare Committee. Such written submission shall be made within twenty-one fifteen (2115) teaching school days from after the date incident giving rise to the griever first had knowledge of the alleged violation.
b) The submission grievance. Such grievance shall set out the nature of the grievance, the Articles articles of this Collective Agreement which are it is alleged to have been violated, violated and the remedy sought.
Step 2 In the event the grievance is not settled within fifteen (15) teaching days from the date of the submission in accordance with Step 1, then within a further period of fifteen (15) teaching days the grievance 16.3 The grievor and/or representative shall be referred in writing to the Grievance Committee.
a) Such Grievance Committee shall consist of two (2) representatives of the Association and two (2) representatives of the Employer.
b) This Grievance Committee present at any grievance hearing. The grievance committee shall meet and endeavour to resolve the grievance, grievance and shall render its decision in respect of the grievance within fifteen twenty-one (1521) teaching school days following receipt of the submissionsubmission and shall dispose of each grievance before proceeding to another.
c) 16.4 If the majority of the Grievance Committee reaches a decision as to the disposition of the grievance, the decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Committee.
Step 3 In the event the Grievance Committee does grievance is not meet within fifteen (15) teaching days following receipt of the submission, or in the event that the Committee does not reach a majority decision resolved within the said time limitation, then either Party may, may by written notice to served on the other Party, Party require the establishment of an Arbitration Board as hereinafter provided.
a) . Such notice must be given within ten (10) teaching school days after the fifteen- date the aforesaid twenty-one (21) school day limitation in Step 2b expireslimit expires or the date the grievance committee renders a decision, whichever is shorter.
b) Concurrently with the notice by the Party requiring the establishment of an Arbitration Board, the 16.5 Each Party shall name appoint one (1) member as its nominee to representative on the Arbitration Board, Board within seven (7) school days of such notice and the recipient of the notice shall, within five (5) teaching days, shall so inform the other Party of its nominee to the Arbitration Board.
c) appointee. The two nominees (2) members so appointed shall, within five (5) teaching school days of the appointment of the second of them, appoint a third person, person who shall be Chairman of the Arbitration Boardchairperson. In the event of any failure to agree on the appointment of a Chairmanappoint, either any Party may request the Director of Mediation Services with Alberta Department of Labour to make the necessary appointment.
Step 4 16.6 The Arbitration Board shall hear determine its own procedure, but shall give full opportunity to all parties to present evidence and determine to be heard.
16.7 The Arbitration Board shall not change, amend or alter any of the grievance terms of this Collective Agreement. All grievances or differences submitted shall present an arbitrable issue under this Collective Agreement, and shall not depend on or involve an issue an or contention by either Party that is contrary to any provisions of this Collective Agreement or that involves the determination of a subject matter not covered by or arising during the term of this Collective Agreement.
16.8 The findings and decision of a majority is the award in writing of the Arbitration Board and is final and binding upon the Parties and upon any employee affected by it. If there is not a majority, the decision of the chairperson governs and it shall be deemed to be the award of the Arbitration Board.
16.9 The Arbitration Board shall give its decision not later than ninety fourteen (9014) calendar school days after commencement the appointment of the hearingschairperson provided, provided however, that this time period may be extended by written consent of the Parties.
a) Such award shall be final and binding upon the Parties and upon any employee affected by it.
b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where there is no majority the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board.
c) The Arbitration Board by its decision shall not alter, amend or change the terms of this Collective Agreement.
d) 16.10 Each Party to the grievance shall bear the expense of its respective nominee, appointee and the two Parties shall bear in equal proportions equally the expense of the ChairmanChairperson.
16.2 16.11 All of the aforesaid time limits referred to in the grievance procedure shall be deemed to be consecutive school days.
16.12 In the event thatevent, at any stage stage, of the aforesaid procedures procedure (except in respect of appointing persons to an the Arbitration Board), one of the Parties ) a grievor fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be concluded at an end. Should the Employer fail to respond to the grievor within the specified time period, the grievor may process the grievance to the next step in the other Party's favourprocedure.
16.3 16.13 Any of the aforesaid time limits may be extended at any stage by mutual upon the written consent of the Parties.
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 The following A teacher who considers that they have a grievance procedure is arising out of this Agreement shall file the grievance in accordance writing with the requirements of The Labour Relations Code Superintendent and provides for the peaceful settlement of any differences, between the Parties, arising from the interpretation, application or operation of this Collective Agreement, including any questions as to whether the differences are arbitrable and shall be dealt with as follows:
Step 1 Such differences (hereinafter called a "grievance") shall first be submitted in writing to the chairperson Chair of the Association Local Teacher Welfare Committee, the chairperson Committee (TWC) of the Association Northland Local Grievance Committee, No. 69 and the Secretary-Treasurer Coordinator of Teacher Welfare of the Employer.
a) Association. Such written submission shall be made within twenty-one (21) teaching days from the date the griever first had knowledge of the alleged violation.
b) The submission shall set out the nature of the grievance, the Articles articles of this Collective Agreement which are it is alleged to have been violated, and the remedy sought.
Step 2 In 16.2 A committee consisting of one (1) representative of the event School Division and one (1) representative of the grievance is not settled Association shall consider any dispute regarding the interpretation, application, operation or any alleged violation of the Agreement within fifteen twenty (1520) teaching days from the date of the submission in accordance with Step 1, then within a further period of fifteen (15) teaching days the grievance shall be referred in writing to the Grievance Committee.
a) Such Grievance Committee shall consist of two (2) representatives of the Association and two (2) representatives of the Employer.
b) This Grievance Committee shall meet and endeavour to resolve the grievance, and shall render its decision within fifteen (15) teaching days following receipt of the submissionletter of grievance.
c) 16.3 If the majority of the Grievance Committee committee reaches a unanimous decision as to the disposition of the grievanceany dispute, the that decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Committeebinding.
Step 3 In 16.4 If the event committee fails to reach an agreement under the Grievance Committee does not meet within fifteen (15) teaching days following receipt of the submissionabove step, or in the event that the Committee does not reach a majority decision within the said time limitation, then either Party party may, by written notice to the other Partyparty stating the nature of the difference, require the establishment of an Arbitration Board as hereinafter provided.
a) arbitration board. Such written notice must be given served within ten (10) teaching days after following the fifteen- day limitation in Step 2b expirescompletion of the preceding step.
b16.5 Each party shall appoint one (1) Concurrently with member as its representative on the notice by arbitration board within seven (7) days of such notice. The two (2) members as appointed shall endeavour to select an independent chair.
16.6 If the Party requiring the establishment of an Arbitration Board, the Party shall name its nominee two (2) members fail to the Arbitration Board, and the recipient of the notice shall, select a chair within five (5) teaching days, inform days after the other Party of its nominee to day on which the Arbitration Board.
c) The two nominees so appointed shall, within five (5) teaching days last of the appointment of the second of themtwo (2) members are appointed, appoint a third person, who they shall be Chairman of the Arbitration Board. In the event of failure to agree on the appointment of a Chairman, either Party may request the Director of Mediation Services with Alberta Department of Labour to make the necessary appointmentselect a chair.
Step 4 16.7 The Arbitration Board shall hear and determine the grievance and shall issue an award in writing arbitration board may not later than ninety (90) calendar days after commencement change, modify or alter any of the hearings, provided that this time period may be extended by written consent of the Parties.
a) Such award shall be final and binding upon the Parties and upon any employee affected by it.
b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where there is no majority the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board.
c) The Arbitration Board by its decision shall not alter, amend or change the terms of this Collective Agreement. All differences submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve any issue or contention by either party that is contrary to any provision of this Agreement or that involves the determination of a subject matter not covered by, or arising during the terms of this Agreement.
d) 16.8 The findings and decision of the arbitration board shall be binding on all parties, provided that they do not contravene the Education Act.
16.9 Each Party party to the grievance difference shall bear the expense of its respective nominee, nominee to the arbitration board and the two Parties (2) parties shall bear in equal proportions equally the expense expenses of the Chairmanchair.
16.2 In the event that16.10 When any references in Article 16 are to a period of days, at any stage of the aforesaid procedures (except in respect of appointing persons to an Arbitration Board), one of the Parties fails to take the necessary action within the time limit specified, the grievance procedure such period shall be deemed to be concluded in exclusive of Saturdays, Sundays, holidays as well as the other Party's favourChristmas, Easter/spring, and summer breaks.
16.3 Any of the aforesaid time limits 16.11 Timelines may be extended at any stage by mutual consent agreement of the Partiesparties.
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 The following grievance procedure is in accordance with the requirements of The Labour Relations Code and provides for the peaceful settlement of any differences, Any difference between the Partiesparties, arising from any employee covered by this agreement and the School Board or in a proper case between the Alberta Teachers' Association and the School Board concerning the interpretation, application application, operation or operation alleged violation of this Collective Agreement, agreement and further including any questions dispute as to whether the differences are arbitrable and difference is arbitrable, shall be dealt with as follows:, without stoppage of work or refusal to perform work.
16.1.1 Step 1 "A" - Such differences difference (hereinafter called "a "grievance") shall first be submitted in writing to the chairperson Superintendent of the Association Local Teacher Welfare CommitteeSchools, the chairperson of the Association Local Grievance Committee, Teacher Welfare Committee and the Secretary-Treasurer Coordinator of Teacher Welfare of the Employer.
a) Association. Such written submission shall be made within twenty-one (21) teaching 30 days from the date of the griever incident giving rise to the grievance or from the date the grievor first had knowledge of the alleged violation.
b) The submission incident, whichever is later. Such grievance shall set out the nature of the grievance, the Articles articles of this Collective Agreement which are agreement that it is alleged to have been violated, violated and the remedy sought. It shall be the responsibility of the respondent of the grievance to arrange a meeting with the grievor and/or his/her representative, within 10 days of receiving notice of the grievance, if a meeting is requested by either of the parties. The respondent shall review the grievance and within 15 days of receipt of the grievance shall render a decision in writing to the grievor, the chairperson of the Teacher Welfare Committee and the Coordinator of Teacher Welfare.
16.1.2 Step 2 "B" - In the event the grievance is not settled within fifteen (15) teaching days from the date decision of the submission in accordance with Step 1, then within a further period of fifteen (15) teaching days the grievance shall be referred in writing to the Grievance Committee.
a) Such Grievance Committee shall consist of two (2) representatives of the Association and two (2) representatives of the Employer.
b) This Grievance Committee shall meet and endeavour respondent fails to resolve the grievance, and shall render its decision within fifteen (15) teaching days following receipt of the submission.
c) If the majority of the Grievance Committee reaches a decision as to the disposition of the grievance, the decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Committee.
Step 3 In the event the Grievance Committee does not meet within fifteen (15) teaching days following receipt of the submission, or in the event that the Committee does not reach a majority decision within the said time limitation, then either Party may, party may by written notice to the other Party, require the establishment of an Arbitration Board arbitration board as hereinafter provided.
a) . Such notice must be given within ten (10) teaching 20 days after the fifteen- day limitation in Step 2b expiresdate of receipt of the respondent’s written decision.
b) Concurrently with 16.2 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice by the Party requiring the establishment of an Arbitration Board, the Party shall name its nominee to the Arbitration Board, and the recipient two members shall endeavour to select an independent chairperson.
16.3 If the two members fail to select a chairperson within ten days after the day on which the latter of the notice shalltwo members is appointed, within five (5) teaching days, inform the other Party of its nominee to the Arbitration Board.
c) The two nominees so appointed shall, within five (5) teaching days of the appointment of the second of them, appoint a third person, who they shall be Chairman of the Arbitration Board. In the event of failure to agree on the appointment of a Chairman, either Party may request the Director of Mediation Services with Alberta Department of Labour Services, to make the necessary appointmentselect a chairperson.
Step 4 16.4 The Arbitration Board arbitration board shall hear determine its own procedure but shall give full opportunity to all parties to present evidence and determine to be heard.
16.5 The arbitration board shall not change, modify or alter any of the terms of this agreement.
16.6 The findings and decisions of the arbitration board shall be binding on the parties.
16.7 Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairperson.
16.8 Reference to days in this clause shall be exclusive to instructional days.
16.9 The purpose of the grievance procedure is to ensure that all grievances are processed properly and shall issue an award in writing not later than ninety (90) calendar days after commencement expeditiously. If the respondent fails to comply with the provisions of the hearingsgrievance procedure, provided that this time period the grievance may be processed to the next step. If the grievor fails to comply with the provisions of the grievance procedure, the grievance shall be considered abandoned. Time limits may be extended by the written consent agreement of the Partiesboth parties.
a) Such award shall be final and binding upon the Parties and upon any employee affected by it.
b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where there is no majority the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board.
c) The Arbitration Board by its decision shall not alter, amend or change the terms of this Collective Agreement.
d) Each Party to the grievance shall bear the expense of its respective nominee, and the two Parties shall bear in equal proportions the expense of the Chairman.
16.2 In the event that, at any stage of the aforesaid procedures (except in respect of appointing persons to an Arbitration Board), one of the Parties fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be concluded in the other Party's favour.
16.3 Any of the aforesaid time limits may be extended at any stage by mutual consent of the Parties
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 The following grievance procedure is in accordance with the requirements of The the Labour Relations Code and provides for the peaceful settlement of any differences, between the Parties, differences arising from the interpretation, application or operation of this Collective Agreement, including any questions as to whether the differences are arbitrable and shall be dealt with as follows:
16.2 Step 1 Such differences (hereinafter called a "grievance") shall first be submitted in writing to the chairperson secretary of the Local of the Association Local Teacher Welfare Committee, and the chairperson secretary-treasurer of the Association Local Grievance Committee, and the Secretary-Treasurer of the EmployerSchool Division.
a) 16.2.1 Such written submission shall be made within twenty-one (21) teaching 30 days from the date the griever first had knowledge of the alleged violation.
b) 16.2.2 The submission shall set out the nature of the grievance, the Articles clauses of this Collective Agreement collective Agreement, which are alleged alleged, to have been violated, violated and the remedy sought.
16.3 Step 2 In the event the grievance is not settled within fifteen (15) teaching 15 days from the date of the submission in accordance with Step 1, then within a further period of fifteen (15) teaching 15 days the grievance shall be referred in writing to the Grievance Committeegrievance committee, or either party and/or their representatives may appear before the grievance committee to also present an oral and/or written submission.
a) 16.3.1 Such Grievance Committee grievance committee shall consist of two (2) representatives of the Westwind Local # 12 of the Association and two (2) representatives of the EmployerSchool Division.
b) 16.3.2 This Grievance Committee grievance committee shall meet and endeavour to resolve the grievance, and shall render its decision within fifteen (15) teaching 15 days following receipt of the submission.
c) If the majority of the Grievance Committee reaches a decision as to the disposition of the grievance, the decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Committee.
16.4 Step 3 In the event the Grievance Committee grievance committee does not meet within fifteen (15) teaching 15 days following receipt of the submission, or in the event that the Committee committee does not reach a majority or unanimous decision within the said time limitation, then either Party may, party may by written notice to the other Partyparty, require the establishment of an Arbitration Board arbitration board as hereinafter provided.
a) 16.4.1 Such notice must be given within ten (10) teaching 10 days after the fifteen- date the 15-day limitation in Step 2b 3 expires.
b) Concurrently with the notice by the Party requiring the establishment of an Arbitration Board, the Party shall name its nominee to the Arbitration Board, and the recipient of the notice shall, within five (5) teaching days, inform the other Party of its nominee to the Arbitration Board.
c) The two nominees so appointed shall, within five (5) teaching days of the appointment of the second of them, appoint a third person, who shall be Chairman of the Arbitration Board. In the event of failure to agree on the appointment of a Chairman, either Party may request the Director of Mediation Services with Alberta Department of Labour to make the necessary appointment.
Step 4 The Arbitration Board shall hear and determine the grievance and shall issue an award in writing not later than ninety (90) calendar days after commencement of the hearings, provided that this time period may be extended by written consent of the Parties.
a) Such award shall be final and binding upon the Parties and upon any employee affected by it.
b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where there is no majority the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board.
c) The Arbitration Board by its decision shall not alter, amend or change the terms of this Collective Agreement.
d) Each Party to the grievance shall bear the expense of its respective nominee, and the two Parties shall bear in equal proportions the expense of the Chairman.
16.2 In the event that, at any stage of the aforesaid procedures (except in respect of appointing persons to an Arbitration Board), one of the Parties fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be concluded in the other Party's favour.
16.3 Any of the aforesaid time limits may be extended at any stage by mutual consent of the Parties
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 The following grievance procedure is in accordance with the requirements of The Labour Relations Code and provides for the peaceful settlement of any differences, Any difference between the Partiesparties, arising from any employee covered by this agreement and the School Jurisdiction or in a proper case between the Alberta Teachers' Association and the School Jurisdiction concerning the interpretation, application application, operation or operation alleged violation of this Collective Agreement, agreement and further including any questions dispute as to whether the differences are arbitrable and difference is arbitrable, shall be dealt with as follows:, without stoppage of work or refusal to perform work.
16.1.1 Step 1 "A" - Such differences difference (hereinafter called "a "grievance") shall first be submitted in writing to the chairperson Superintendent of the Association Local Teacher Welfare CommitteeSchools, the chairperson of the Association Local Grievance Committee, Teacher Welfare Committee and the Secretary-Treasurer Coordinator of Teacher Welfare of the Employer.
a) Association. Such written submission shall be made within twenty-one (21) teaching 30 days from the date of the griever incident giving rise to the grievance or from the date the grievor first had knowledge of the alleged violation.
b) The submission incident, whichever is later. Such grievance shall set out the nature of the grievance, the Articles articles of this Collective Agreement which are agreement that it is alleged to have been violated, violated and the remedy sought. It shall be the responsibility of the respondent of the grievance to arrange a meeting with the grievor and/or his/her representative, within 10 days of receiving notice of the grievance, if a meeting is requested by either of the parties. The respondent shall review the grievance and within 15 days of receipt of the grievance shall render a decision in writing to the grievor, the chairperson of the Teacher Welfare Committee and the Coordinator of Teacher Welfare.
16.1.2 Step 2 "B" - In the event the grievance is not settled within fifteen (15) teaching days from the date decision of the submission in accordance with Step 1, then within a further period of fifteen (15) teaching days the grievance shall be referred in writing to the Grievance Committee.
a) Such Grievance Committee shall consist of two (2) representatives of the Association and two (2) representatives of the Employer.
b) This Grievance Committee shall meet and endeavour respondent fails to resolve the grievance, and shall render its decision within fifteen (15) teaching days following receipt of the submission.
c) If the majority of the Grievance Committee reaches a decision as to the disposition of the grievance, the decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Committee.
Step 3 In the event the Grievance Committee does not meet within fifteen (15) teaching days following receipt of the submission, or in the event that the Committee does not reach a majority decision within the said time limitation, then either Party may, party may by written notice to the other Party, require the establishment of an Arbitration Board arbitration board as hereinafter provided.
a) . Such notice must be given within ten (10) teaching 20 days after the fifteen- day limitation in Step 2b expiresdate of receipt of the respondent’s written decision.
b) Concurrently with 16.2 Each party shall appoint one member as its representative on the arbitration board within seven days of such notice by the Party requiring the establishment of an Arbitration Board, the Party shall name its nominee to the Arbitration Board, and the recipient two members shall endeavour to select an independent chairperson.
16.3 If the two members fail to select a chairperson within ten days after the day on which the latter of the notice shalltwo members is appointed, within five (5) teaching days, inform the other Party of its nominee to the Arbitration Board.
c) The two nominees so appointed shall, within five (5) teaching days of the appointment of the second of them, appoint a third person, who they shall be Chairman of the Arbitration Board. In the event of failure to agree on the appointment of a Chairman, either Party may request the Director of Mediation Services with Alberta Department of Labour Services, to make the necessary appointmentselect a chairperson.
Step 4 16.4 The Arbitration Board arbitration board shall hear determine its own procedure but shall give full opportunity to all parties to present evidence and determine to be heard.
16.5 The arbitration board shall not change, modify or alter any of the terms of this agreement.
16.6 The findings and decisions of the arbitration board shall be binding on the parties.
16.7 Each party to a grievance shall bear the expenses of its respective nominee and the two parties shall bear equally the expenses of the chairperson.
16.8 Reference to days in this clause shall be exclusive to instructional days.
16.9 The purpose of the grievance procedure is to ensure that all grievances are processed properly and shall issue an award in writing not later than ninety (90) calendar days after commencement expeditiously. If the respondent fails to comply with the provisions of the hearingsgrievance procedure, provided that this time period the grievance may be processed to the next step. If the grievor fails to comply with the provisions of the grievance procedure, the grievance shall be considered abandoned. Time limits may be extended by the written consent agreement of the Partiesboth parties.
a) Such award shall be final and binding upon the Parties and upon any employee affected by it.
b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where there is no majority the decision of the Chairman governs and shall be deemed to be the award of the Arbitration Board.
c) The Arbitration Board by its decision shall not alter, amend or change the terms of this Collective Agreement.
d) Each Party to the grievance shall bear the expense of its respective nominee, and the two Parties shall bear in equal proportions the expense of the Chairman.
16.2 In the event that, at any stage of the aforesaid procedures (except in respect of appointing persons to an Arbitration Board), one of the Parties fails to take the necessary action within the time limit specified, the grievance procedure shall be deemed to be concluded in the other Party's favour.
16.3 Any of the aforesaid time limits may be extended at any stage by mutual consent of the Parties
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 The following A grievance procedure is in accordance with the requirements of The Labour Relations Code and provides for the peaceful settlement of any differences, between the Parties, arising from a difference regarding the interpretation, application application, operation or operation any alleged violation of this Collective Agreement, including any questions .
16.2 A grievance must be initiated in writing stating all particulars as to whether the differences are arbitrable and shall be dealt with as follows:
Step 1 Such differences (hereinafter called a "grievance") shall first be submitted in writing to the chairperson of the Association Local Teacher Welfare Committee, the chairperson of the Association Local Grievance Committee, and the Secretary-Treasurer of the Employer.
a) Such written submission shall be made within twenty-one (21) teaching days from the date the griever first had knowledge of the alleged violation.
b) The submission shall set out the nature of the grievance, the Articles of this Collective Agreement which are clause alleged to have been violated, violated and the remedy soughtrequested. Such grievance shall be submitted to the Associate Superintendent in charge of Human Resources and to the Chairperson of the Teacher Welfare Committee within twenty (20) teaching days from when the teacher became aware of the incident.
Step 2 In 16.3 If the event alleged violation is initiated as a central nature and then defined as a local grievance, the central grievance shall be transferred to the local grievance procedure at an equivalent step in the process and the local grievance procedure timelines shall be adhered to.
16.4 A committee comprised of two representatives of the Employer and two representatives of the local Association shall meet and attempt to resolve the grievance is not settled within fifteen (15) teaching days from of receipt of grievance by the date Employer. If the committee reaches a unanimous decision as to the disposition of any grievance that decision shall be final and binding.
16.4.1 Upon ratification of the submission in accordance with Step 1Parties, then within a further period of fifteen (15) teaching days the grievance shall be referred in writing to the Grievance Committee.
a) Such Grievance Committee shall consist committee of two (2) representatives Trustees of the Association Board and two one (21) representatives designate of the Employer.
b) This Grievance Committee Superintendent shall meet and endeavour attempt to resolve the grievance, and shall render its decision in respect of the grievance within fifteen (15) teaching days following of receipt of the submission.
c) If grievance by the majority Employer. The decision will be rendered in writing to the Superintendent, the grievor and the Chairperson of the Grievance Committee reaches a decision as to the disposition of the grievance, the decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Teacher Welfare Committee.
Step 3 In 16.5 If the event the Grievance Committee does not meet within fifteen (15) teaching days following receipt of the submissionParties fail to reach an agreement under clause 16.4, or in the event that the Committee does not reach a majority decision within the said time limitation, then either Party may, may by written notice to the other Party, require the establishment of an Arbitration Board as hereinafter provided.
a) Board. Such written notice must shall be given served within ten (10) teaching days after following the fifteen- day limitation time limit set out in Step 2b expiresclause 16.4.
b) Concurrently with 16.5.1 Upon ratification, in the event that the decision of the committee fails to resolve the grievance, or the committee cannot come to a decision, then either Party may, by written notice by served on the Party requiring other Party, require the establishment of an Arbitration Board, . Such written notice shall be served within ten (10) teaching days of receipt of the committee’s decision.
16.6 Each Party shall name appoint one member as its nominee to representative on the Arbitration Board, and the recipient of the notice shall, Board within five seven (57) teaching days, inform the other Party days of its nominee receipt of such notice. The two members so appointed shall endeavour to the Arbitration Boardselect an independent chairperson.
c) The 16.7 If the two nominees so appointed shall, members fail to select a chairperson within five (5) teaching days after the day on which the last of the appointment of the second of themtwo members is appointed, appoint a third person, who they shall be Chairman of the Arbitration Board. In the event of failure to agree on the appointment of a Chairman, either Party may request the Director of Mediation Services with Alberta Department of Labour to make the necessary appointmentselect a chairperson.
Step 4 16.8 The Arbitration Board may not change, modify or alter any of the terms of this Collective Agreement. All grievances submitted shall hear and determine the grievance present an arbitrable issue under this Collective Agreement and shall not depend on or involve an issue an or contention by either Party that is contrary to any subject matter covered by or arising under the terms of this Collective Agreement.
16.9 The findings and decision of a majority is the award in writing not later than ninety (90) calendar days after commencement of the hearingsArbitration Board and is final, provided that this time period may be extended by written consent of the Parties.
a) Such award shall be final and binding upon the Parties and upon any employee affected by it.
b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where . If there is no majority not a majority, the decision of the Chairman chairperson governs and it shall be deemed to be the award of the Arbitration Board.
c) 16.10 The Arbitration Board by its decision shall not alterpurpose of the grievance procedure provisions is to ensure that any grievance is processed in an expeditious manner, amend or change therefore, compliance with the terms provisions is mandatory. If the respondent fails to comply with provisions of this Collective Agreement.
d) Each Party to the grievance shall bear the expense of its respective nominee, and the two Parties shall bear in equal proportions the expense of the Chairman.
16.2 In the event that, at any stage of the aforesaid procedures (except in respect of appointing persons to an Arbitration Board), one of the Parties fails to take the necessary action within the time limit specifiedprocedure, the grievance procedure shall be deemed is processed to be concluded in the other Party's favournext step. If the grievant fails to comply with all procedures, the grievance is at an end.
16.3 Any of the aforesaid time limits may be extended at any stage by mutual consent of the Parties
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 The following grievance procedure is in accordance with There shall be established a Grievance Committee composed of a quorum of the requirements Employer.
16.2 A quorum of The Labour Relations Code this Committee shall consist of one half plus one members of the Employer.
16.3 It shall be the duty of this Committee to meet and provides for endeavour to resolve any difference between a teacher and the peaceful settlement of any differencesEmployer, between or the Parties, arising from Association and the Employer concerning the interpretation, application application, operation or operation alleged violation of this Collective Agreement, including any questions as to and whether the differences are arbitrable and difference is arbitrable, without stoppage of work or refusal to perform work. The Committee shall appoint one of the members as Chair of all meetings. The Committee shall be dealt with as follows:responsible for establishing dates of holding meetings of the Grievance Committee and notifying the Committee members.
Step 1 Such differences 16.4 A teacher having a grievance arising out of this Collective Agreement shall, within fifteen (hereinafter called a "grievance"15) shall days of the occurrence or of first be submitted knowledge of the violation, whichever is later, lodge in writing to with the chairperson Superintendent or delegate the grievance identifying the clause, precise nature of the Association Local Teacher Welfare Committee, violation and indicate the chairperson remedy sought. A copy of the Association Local Grievance Committee, and grievance statement shall be sent to the Secretary-Treasurer of the EmployerEmployer and the Coordinator of Teacher Welfare of the Association.
a) Such written submission shall be made within twenty-one (21) teaching days from the date the griever first had knowledge of the alleged violation.
b) The submission shall set out the nature of the grievance, the Articles of this Collective Agreement which are alleged to have been violated, and the remedy sought.
Step 2 In the event 16.5 If the grievance is has not been settled within fifteen (15) teaching days from after the date of the submission of the grievance, the teacher, or in accordance with Step 1a proper case, then the Association shall, within a further period five (5) days thereafter, give written notice to the Secretary-Treasurer of fifteen (15) teaching days the Employer and to the members of the committee advancing the grievance shall be referred in writing to the Grievance Committee.
a) Such Grievance 16.6 When the Committee shall consist of two (2) representatives receives notice of the Association and two (2) representatives submission of the Employer.
b) This Grievance Committee shall meet and endeavour to resolve the grievance, and it shall render be required to meet within four (4) weeks of receipt of such notice. The Committee shall provide written notice of its decision to the teacher and the Coordinator of Teacher Welfare within fifteen ten (1510) teaching days following receipt of hearing the submissiongrievance.
c) 16.6.1 If either Party is unsatisfied with the majority decision of the Grievance Committee reaches a or no decision as to the disposition of the grievance, the decision shall be final and binding on both Parties. A majority decision shall be the decision of three (3) members of the Grievance Committee.
Step 3 In the event the Grievance Committee does not meet within fifteen (15) teaching days following receipt of the submission, or in the event that the Committee does not reach a majority decision within the said time limitationis reached, then either Party may, by written notice to served on the other Party, require the establishment of an Arbitration Board as hereinafter provided.
aconsisting of three (3) individuals. Such notice must be given within ten (10) teaching days after the fifteen- day limitation in Step 2b expiresdate of expiry of the four (4) week limit or the receipt of the written decision of the Committee, whichever is later.
b16.6.2 Each party shall appoint one (1) Concurrently with the notice by the Party requiring the establishment of an Arbitration Board, the Party shall name member as its nominee to representative on the Arbitration Board, Board within seven (7) days of such notice and must inform the recipient other Party of the notice shallappointee. The two (2) members appointed must, within five (5) teaching days, inform the other Party of its nominee to the Arbitration Board.
c) The two nominees so appointed shall, within five (5) teaching days of the appointment of the second of them, appoint a third person, person who shall be Chairman of the Arbitration BoardChair. In the event of any failure to agree on the appointment of appoint a Chairman, Chair either Party may request the Director of Mediation Services with Alberta Department of Labour to make the necessary appointment. By mutual consent, the Parties may have the arbitration heard by a single arbitrator.
Step 4 16.6.3 The Arbitration Board shall hear determine its own procedure but must give full opportunity to all parties to present evidence and determine the grievance and to be heard.
16.6.4 The Arbitration Board shall issue an award in writing not later than ninety (90) calendar days after commencement change, amend or alter any of the hearings, provided that terms of this time period may be extended by written consent of the PartiesCollective Agreement.
a) Such award shall be final 16.6.5 The findings and binding upon the Parties and upon any employee affected by it.
b) The decision of a majority of the Arbitration Board is the award of the Arbitration Board, but where . If there is no majority not a majority, the decision of the Chairman Chair governs and it shall be deemed to be the award of the Arbitration Board.
c) 16.6.6 The Arbitration Board by shall render its decision shall not alterlater than ninety (90) calendar days after concluding day of hearing, provided however that, in exceptional circumstances, the Parties may amend or change the terms of this Collective Agreement.
d) in writing such deadline. Each Party to the grievance shall bear the expense of its respective nominee, appointee and the two Parties shall bear in equal proportions equally the expense of the ChairmanChair.
16.2 In the event that16.7 The Committee shall dispose of each grievance before proceeding to another except where, at any stage by unanimous consent of the aforesaid procedures (except in respect of appointing persons to an Arbitration Board)Committee, one the hearing of the Parties fails grievance is postponed.
16.8 All time limits referred to take the necessary action within the time limit specified, in the grievance procedure shall be deemed to be concluded in the other Party's favourcalendar days.
16.3 16.9 Any of the aforesaid time limits in the grievance procedure may be extended at any stage by mutual upon the written consent of the Parties.
16.9.1 Once a grievance has been filed in accordance with the provisions of this Collective Agreement and where as a result of the summer break in July and August a request to extend the time limits is made by either Party, such request shall not be unreasonably denied.
16.10 Failure to meet any of the time limits except as provided in 16.6.2, 16.6.6 and 16.9 shall mean the grievance procedure is at an end.
Appears in 1 contract
Sources: Collective Agreement