Procedures and Time Limits Clause Samples

The Procedures and Time Limits clause establishes the specific steps that parties must follow and the deadlines they must meet when performing certain actions under the agreement. This may include requirements for submitting notices, responding to requests, or completing tasks within a set number of days. By clearly outlining these procedures and timeframes, the clause helps ensure that all parties are aware of their obligations and reduces the risk of disputes arising from missed deadlines or improper processes.
Procedures and Time Limits. (a) Time limits and procedures contained in this grievance procedure are mandatory. Failure to pursue a grievance within the prescribed time limits and in accordance with the prescribed procedures shall result in abandonment of the grievance. Failure to reply to a grievance in a timely fashion shall advance the grievance to the next Level. Grievances so advanced shall be subject to time limits as if a reply had been made on the last allowable day of the preceding level in the procedure. (b) Time limits in this Article may be extended by written agreement between the Employer and the Union.
Procedures and Time Limits. (a) Time limits and procedures contained in this Grievance Procedure are mandatory. Failure to pursue a grievance within the prescribed time limits and in accordance with the prescribed procedures shall result in abandonment of the grievance. Failure to reply to a grievance within the prescribed time limits shall advance the grievance to the next level. Grievances so advanced shall be subject to time limits as if a reply had been made on the last allowable day of the preceding level in the procedure. (b) Time limits in this Article may be extended by written agreement between the Employer and the Union. (c) It is clearly understood that time limits established herein are mandatory and are to be adhered to; however, where an arbitrator or Arbitration Board determines that there are reasonable grounds for extending the time for taking any step in the grievance process or arbitration procedure, the arbitrator or Arbitration Board may, notwithstanding Clauses 29.07(a) and (b), grant an extension, even after the expiration of the time, if, in its opinion, the other party would not be unduly prejudiced by the extension. In these situations, the onus is on the Party who fails to adhere to the time limits to prove the reasonableness for it’s failure to adhere to such time limits.
Procedures and Time Limits. (a) Time limits and procedures contained in this grievance procedure are mandatory. Failure to pursue a grievance within the prescribed time limits and in accordance with the prescribed procedures shall result in abandonment of the grievance. Failure to reply to a grievance in a timely fashion shall advance the grievance to the next level. Grievances so advanced shall be subject to time limits as if a reply had been made on the last allowable day of the preceding Level in the procedure. (b) Time limits in this Article may be extended by written agreement between the Employer and the Union. (c) Service of Documents If anything is required or permitted to be served under this Agreement, it shall be deemed to be properly served if it is served: (1) in the case of an individual: (i) personally or by leaving it for them at their last or most usual place of abode with some person who is apparently at least eighteen (18) years old; or (ii) by mailing it to them by registered or certified mail at their last known post office address; or (iii) personally by a receipted courier service. (2) in the case of the Employer: (i) personally on the appropriate officer; or (ii) by leaving it at or by sending it by registered or certified mail to the Director, Human Resources; or (iii) personally on the appropriate officer by a receipted courier service. (3) in the case of the Union: (i) personally on the President, Secretary or an Officer of the Union or by leaving it at an office occupied by the Union; or (ii) by sending it by registered or certified mail to the address of the President, Secretary or an Officer of the Union; or (iii) personally on the President, Secretary or an Officer of the Union by a receipted courier service. (4) The date of delivery establishes the date of receipt for documents that are served personally. (5) Documents that are mailed by registered or certified mail shall be deemed to have been received on the date they are registered or certified with Canada Post. (d) Procedures as stipulated in this Article may be varied by written agreement of the Parties.
Procedures and Time Limits. Time and procedures contained in this grievance procedure are mandatory. Failure to pursue a grievance within the prescribed time limits and in accordance with the prescribed procedures shall result in abandonment of the grievance. Failure to reply to a grievance in a timely fashion shall advance the grievance to the next level. Grievances so advanced shall be subject to time limits as if a reply had been made on the last allowable day of the preceding level in the procedure. Time limits in this Article may be extended by written agreement between the College and the Union.
Procedures and Time Limits. Time limits and procedures contained in this grievance procedure are mandatory. Failure to pursue a grievance within the prescribed time limits and in accordance with the prescribed procedures shall result in abandonment of the grievance. Failure to reply to a grievance in a timely
Procedures and Time Limits. Except as otherwise provided in this Agreement, all grievances will be submitted according to the following procedures and time limits: Step 1: An employee who has unsuccessfully attempted to informally resolve a grievance may invoke this procedure by reducing the grievance to writing as provided in Section 15.2 and presenting it to the Office Manager (if an Office Department employee) or District Superintendent (if an Operations Department employee) within 10 calendar days excluding Saturdays, Sundays, and holidays, from the date on which the alleged violation of this Agreement occurred or a date the grievant with reasonable diligence could have acquired knowledge of the occurrence. The supervisor will respond within five calendar days (excluding Saturdays, Sundays, and holidays). Step 2: If the grievance is not satisfactorily resolved at Step 1, the employee or the Union will have seven calendar days (excluding Saturdays, Sundays, and holidays) from the receipt of the Step 1 answer to appeal the grievance in writing to Employer’s District Manager. The District Manager may at his sole discretion, or as required by the Board of Directors, refer the grievance to the Board for its consideration. The District Manager or his/her designee will deliver a written answer to a Union representative within 10 calendar days (excluding Saturdays, Sundays, and holidays) after the appeal is received. The answer will be final and binding on Employer, the Union, and all employees subject to this Agreement unless the Union exercises its rights at Step 3. Step 3: If the grievance is not satisfactorily resolved by the Step 2 answer, the Union may refer any grievance arising during the term of this Agreement to arbitration by submitting its written request to the District Manager within 10 calendar days (excluding Saturdays, Sundays, and holidays) after its receipt of the Step 2 answer.
Procedures and Time Limits a) Time limits and procedures contained in this grievance procedure are mandatory. Failure to pursue a grievance within the prescribed time limits, and in accordance with the prescribed procedures, shall result in abandonment of the grievance without recourse to arbitration. Failure to reply to a grievance in a timely fashion shall advance the grievance to the next step. b) Time limits in this section may be extended by written agreement between the Employer and the Faculty Association.
Procedures and Time Limits. Except as otherwise provided in this Agreement, all grievances arising during its term will be submitted according to the following procedures and time limits:

Related to Procedures and Time Limits

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.01 Any employee(s) or the Union may present a complaint at any time without recourse to the formal written procedure contained herein. Failure to comply with this step, or the manner in which it is complied with shall not interfere with the formal grievance procedure, nor shall this step be subject of preliminary objections in any arbitration hearing. 8.02 At any step in the grievance procedure, including the complaint stage, the employee may be accompanied by his/her employee representative. 8.03 Grievances shall be registered with the Employer as follows: Step No. 1 An employee(s) or the Union on his/her/their behalf or in its own stead may present a grievance in writing to the Director of Care. Such grievance must be presented within ten (10) days of the date of its occurrence or when the employee or the Union reasonably ought to have been aware of this occurrence. The Director of Care shall render a decision in writing in ten (10) days following the day on which the grievance was submitted. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 2 may be followed within ten (10) days. The grievance in writing shall be referred to the Administrator of the Home or designate who shall call a meeting of the Grievance Committee at the request of either party within seven (7) days of the filing of the grievance or such further period as the parties may agree. Within three (3) days following this meeting or within ten (10) days following the submission to the Administrator of the Home or designate if no such meeting is held, the Administrator of the Home or designate shall reply in writing to the employee(s) and the Chairperson of the Grievance Committee. If this decision is unsatisfactory to the employee(s) or the Union, Step No. 3 may be followed within ten (10) days. Within ten (10) days after the decision is given at Step No. 2 the grievance may be referred to the Chief Administrative Officer of the County or designate and the employee accompanied by his/her representative shall meet within ten (10) working days with the Chief Administrative Officer and Committee of Management or their designates. The employee may also be accompanied by a full-time representative of the Union if so desired at this stage. The Employer will render a decision in writing within ten (10) days following such meeting. If the decision is unsatisfactory to the employee(s) or the Union, it may be referred to arbitration. 8.04 A policy grievance may be presented by either the Union or the Employer at Step 2 of the Grievance Procedure. 8.05 Notwithstanding any other provisions of this Article, should the Employer discharge, suspend or discipline an employee or employees, notification by the Employer to such employee or employees shall be made in the presence of a member of the Union. Should the employee(s) or the Union on his/her/their behalf file a grievance against the discharge, suspension or discipline, it shall be reduced to writing and filed within ten (10) days under Step No. 3 of the Grievance Procedure. 8.06 Before any grievance is submitted to arbitration, the parties may meet with a Grievance Mediator in order to attempt to resolve such grievance. The parties may refer any number of outstanding grievances to the Grievance Mediator for possible resolution. Each party shall pay one-half (1/2) of the fees and expenses of the Grievance Mediator. 8.07 When either party requests that a grievance be submitted to arbitration, the grievance shall be submitted to one of the following panel of sole Arbitrators: ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ If a grievance has already been submitted to one of the Panel of Arbitrators, then any subsequent grievances shall be submitted to the next Arbitrator on the Panel. In order to accept an appointment, the Arbitrator must agree to render an award within thirty (30) days of the last day of hearing. 8.08 In the event that the parties mutually agree to refer a grievance to a tripartite Arbitration Board, the party requesting arbitration shall advise the other of its nominee to the Arbitration Board. Within ten (10) days thereafter, the other party shall answer, in writing, indicating the name and address of its appointee to the Arbitration Board. The Chair shall be selected from the Panel of Arbitrators set out in paragraph 8.07 above. 8.09 Once appointed, the Arbitration Board or single Arbitrator shall have all the powers set out in Section 50 of the Labour Relations Act including the power to mediate/arbitrate the grievance and to limit evidence and submissions. 8.10 Each party shall pay the costs and expenses of its appointees and the costs and expenses of the Chairperson shall be borne equally by the parties. Arbitration hearings shall be held in the community of the Employer or at such other places as may be agreed upon by the Union and the Employer. 8.11 The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. 8.12 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.13 Any time limit referred to in the Grievance and Arbitration Procedures shall be exclusive of Saturdays, Sundays and holidays observed by the Employer and the days off of the aggrieved employee including vacation, and such limits may be extended with the agreement of both parties.

  • Time Limits Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure. However, with the mutual consent of the parties, the time limitation for any step may be extended.

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