Provisions Applicable to Arbitration Procedures Clause Samples
Provisions Applicable to Arbitration Procedures
GRIEVANCE AND ARBITRATION PROCEDURES Discharge, reduction in pay or position, or suspension for more than thirty (30) days, as provided for in Article XV, hereof, may be subject to the grievance procedure as set forth in Article XV. A. Subject to any limitations of existing law, any grievance defined as a dispute concerning the application or interpretation of the terms of this Agreement or a claimed violation, misinterpretation or misapplication of the rules or regulations of the Board affecting the terms and conditions of employment may be settled in the following manner: Step 1- School or Office An employee may appear on their own behalf or be represented by an individual designated by the Union. The grievance shall be discussed with the Principal or office administrator within ten (10) school days of the date of the grievance or the knowledge of its occurrence. The Principal or office administrator shall attempt to adjust the matter within five (5) school days of the presentation of the grievance. Step 2- Executive Director of Elementary/Middle or Secondary School If the grievance has not been satisfactorily resolved in Step 1, a written appeal may be taken to the Executive Director of Elementary/Middle or Secondary School, as appropriate, or their designee on a form to be provided by the Board and approved by the Union within five (5) school days following the completion of Step 1. The appropriate Executive Director their designee shall meet with and discuss the grievance with the BTU President, or their designee, and the aggrieved employee within five (5) school days after written appeal. An answer to the grievance shall be submitted to the aggrieved employee and to the BTU President in writing on the said form within five (5) school days thereafter. Step 3- Chief Executive Officer If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be filed on said form with the Chief Executive Officer or their designee within five (5) school days following the completion of Step 2. Within ten (10) school days of such appeal, the CEO or their designee shall meet with the BTU President, or their designee, the aggrieved employee, and such other parties whose presence may be required to discuss the grievance. The CEO or their designee shall respond in writing on the said form within ten (10) school days thereafter.
Referral to Arbitration: Provincial Matters a. If the grievance is not resolved at Step Three within ten (10) working days of the meeting referred to in Article A.6.4, the BCTF or BCPSEA where applicable may refer a “provincial matters grievance,” as defined in Appendix 1 and Addenda, to arbitration within a further fifteen (15) working days. b. The referral to arbitration shall be in writing and should note that it is a “provincial matters grievance.” The parties shall agree upon an arbitrator within ten (10) working days of such notice.
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.
Submission to Arbitration The Respondent Party may agree to the Claimant Party’s proposal of arbitration by responding in writing within ten (10) Business Days following receipt of such proposal. Within five (5) Business Days following receipt of the Respondent Party’s agreement to arbitrate, the Claimant Party may submit the Dispute Item to the American Arbitration Association (“AAA”) for arbitration. No Dispute Item may be submitted for arbitration without the consent of both parties.