Common use of Procedures and Time Limits Clause in Contracts

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 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 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 arbitration board may, notwithstanding Clauses 29.07(a31.10(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 its failure to adhere to such time limits.