Common use of Step No Clause in Contracts

Step No. If Management's decision at Step No. is not satisfactory, then the grievance may be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee within five (5) days following the meeting at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.

Appears in 1 contract

Sources: Collective Agreement

Step No. Within five full working days following the decision under Step grievance shall be submitted a part of the for a meeting between the Company's representatives and members of the Union not exceeding five in number. An International Representative of the Union may be present at such meeting. The decision of the representatives shall be given in writing within five full working days of the said meeting. Failing of difference between the parties under Step of the Grievance Procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration as provided in Article If Management's no written request for arbitration is received within ten working days after the final decision at under the Grievance When a group of employees has a complaint or grievance it shall first be taken up under Step No. is not satisfactory, then the grievance and they may be referred to arbitration as herein providedrepresented by the appropriate ▇▇▇▇▇▇▇ and not more than two employees. Management shall give its decision to All decisions arrived at, between representatives of the Plant Committee within five (5) days following Company and the meeting representatives of the Union, at Step No. The Union Business representative any step of the written Grievance Procedure, shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance final and binding on the Company, the Union and the Companyemployee or employees concerned. Settlements reached by The Company shall submit a written reply to each written grievance. above shall be considered as refusal of the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer request involved in the grievance and appeal to arbitration the next step in accordance with Each the grievance procedure may be taken. At any step in this grievance procedure, the Executive Board of the parties heretoLocal Union shall have the final authority in respect to any aggrieved employee covered by this Agreement, will bear to decline to process a grievance, complaint, difficulty or dispute further if, in the expense judgement of their appointee the Executive Board, such grievance or dispute lacks merit or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of this Agreement to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions satisfaction of the Agreement Executive Board. Once the aggrieved employee has been notified either by their ▇▇▇▇▇▇▇ or substitute any new provisions the Union Business Representative that their grievance is being dropped because of lack of merit, the aggrieved employee has fifteen calendar days to appeal that decision by sending a letter to the Union President requesting to appear before the Union Executive Board. Notwithstanding anything contained in this Agreement or substitute any new provisions in lieu thereofAgreement, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance CommitteeArticle and the provisions of Article of this Agreement do not apply to probationary employees, however, nor shall have the power to vary provisions of this Article or set aside any penalty or discipline imposed relating the provisions of Article of this Agreement be available to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances Union on behalf of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payany probationary employee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. If Management's The employee who may request the assistance of ▇▇▇▇▇▇▇, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision at Step No. is not satisfactory, then the grievance may be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee in writing within five (5) working days following presentation of the meeting at Step No. grievance to then within five (5) working days after the decision is given: The Union Business representative shall Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be supplied by held within ten (10) working days between the Company, minutes City Manager or appointee and the Union Grievance Committee. A Staff Representative of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance the Union may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed present at the request of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concernedUnion. It is understood that the Company will not select a City Manager from or appointee shall have such counsel and assistance as may desire at any meeting of the area in which Grievance Committee. Failing settlement, the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance City Manager or appointee shall be deemed delivered to be the settlement of the grievance and binding on the the Union and in writing within ten (10) working days the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedentsmeeting takes place. In the event that there is no immediate supervisor where an employee’s immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Committee is dead- locked and unable Procedure or Arbitration Procedure shall be made prior to render a decision, either may refer the date the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee was formally discussed or presented to the Corporation under the Grievance Committeeexcept as to bookkeeping error involving an employee’s wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The Grievance Committee shall not have the right to alter be present at all meetings held to resolve or change any provisions of the Agreement or substitute any new provisions discuss grievance. It is agreed and understood that all time limits in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may procedure shall be adhered to except where they are extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's The employee, with the assistance of ▇▇▇▇▇▇▇, may present grievance in writing to the appropriate Superintendent or Comptroller or designate, who shall deliver decision at Step No. is not satisfactory, then in writing within three (3) working days falling the of the grievance to then within ten (10) working days after the decision i s given, The Union Grievance Committee may present the grievance in writing to the Director of Education or designate. A meeting be held within ten (10) working days between the Director of Education or designate and the Union Grievance Committee, A Staff Representative of the Union may be referred to arbitration as herein provided. Management shall give its decision to present at the Plant Committee within five (5) days following request of either the meeting at Step No. The Union Business representative shall be supplied by Board or the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concernedUnion. It is understood that the Company will not select a Manager from Director of Education or designate shall have such counsel and assistance as desire at any meeting with the area in which Grievance Committee. Failing settlement, the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on Director of Education or designate shall be delivered in writing within working days to the disposition Union. settlement under the foregoing procedure of any grievance between the parties arising the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within thirty (30) working days after the decision under Step No. i s given, the grievance shall be deemed to have been settled or Where no answer has been given within the time l i m i t specified, the may be submitted to the settlement next step of the foregoing procedure, including arbitration. It is agreed that a grievance arising directly between the Board and binding on the the Union shall be originated by either party under Step No. and the Companytime out with respect to that Step shall appropriately apply. Settlements reached by It i s understood, however, that the Joint Grievance Committee provisions of this section may not be used with respect to a grievance directly affecting .an employee and that the regular grievance procedure shall not be used as precedents. In the event thereby No adjustment effected under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee Procedure or Arbitration Procedure shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days made retroactive prior to the original presentation, date. the grievance was formally discussed or presented to the under the Grievance Procedure except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payas to bookkeeping error involving an wage.

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's The nurse may submit a written grievance, signed by the nurse, to her supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are to be violated. The Within nine (9) calendar days following the under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within nine (9 calendar days following the decision in Step No. t e grievance be submitted in writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator calendar days of the submission of the at Step No. is not satisfactory, then unless extended by agreement of t e parties. It i s understood and a a representative of the grievance Ontario Nurses' and the may be referred to arbitration present at the meeting. It i s further understood that the Hospital Administrator or her designate may have such counsel and assistance as herein providedshe may desire at such meeting. Management The decision of the shall give its decision to the Plant Committee be delivered in writing within five nine (59) days following the meeting date of such meeting. A complaint or grievance .arising directly between the and the Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the or grievance. A by the Hospital shall e filed with the Local or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14 calendar days after the circumstances giving rise to t e grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then -be treated as being processing of such grievance. for a right. under this A A claim by nurse who as her pro that she has been unjustly or suspended shall be supplied treated as a grievance If en statement of such grievance is lodged by the Company, minutes of all Labour Management Meetingsnurse with the Hospital at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days the. date the discharge or suspension effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's the Department Head’s decision at Step No. is not satisfactoryjudged to be unsatisfactory, then the grievance it may be referred to arbitration as herein provided. Management shall give its decision to appealed by the Plant Committee Grievance within five (5) days of its receipt. The appeal shall be made by completing the grievance form and mailing it to the Company using the official notice procedure set forth in Article The Resident Manager and/or representatives shall meet with the Grievance Committeeperson within ten (10) days following receipt of such appeal to discuss the grievance. A representativeof the International Union may attend the meeting and witnesses either Party may require may be heard. Within seven (7) days, the Resident Manager’s decision shall be given in writing to the Union, unless a definite date for decision is mutually agreed upon. If no appeal to Arbitration is taken from the Resident Manager’s decision within the time set forth in Article the grievance shall be considered settled on the basis of the Resident Manager’s decision. The Grievance Procedure may be utilized by the Union in processing a grievance which is not a personal grievance and which alleges a violation or misinterpretation of this Agreement. Such grievances may be introduced at Step No. The Union Business representative shall be supplied by of the CompanyGrievance Procedure. In processing such a grievance, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will and the Union select an official from shall observe the local union involved specified time limits in the grievanceappealing and answering. Saturdays, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance Sundays and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee Holidays recognized herein shall not be used as precedents. In included when determining the event the Grievance Committee time within which any action is dead- locked to be taken under Articles or Any and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any all time limits mentioned in fixed by this Article or Articles and may be extended by mutual agreementagreement in writing between the Company and the Union. Any grievance not answered by the Company within the prescribed time limits may be appealed by the Union to the next step. Grievance meetings will be held during working hours and neither a Grievance Committeeperson nor a will suffer any loss of pay for attendance. To attend a Grievance Meeting within working hours a Grievance Committeeperson or a must obtain permission from Supervisor to leave work. Such permission will not be refused arbitrarily. Time spent in scheduled Grievance Meetings with the Company during a Committeeperson’s or a regular scheduled shift shall be considered as time worked for the purpose of computing overtime. When Step and Grievance Meetings are scheduled outside or go beyond the regular scheduled shift of the Grievance Committeeperson referred to in shall be paid one (1) hour at straight time rates for such attendance in addition to hours lost during regular scheduled shift. When an employee completes one (1) year of active service free of any written disciplinary action, official previous disciplinary record maintained in writingthe Human Resources Department will not be referred to or considered in establishing any future discipline for When an employee has been disciplined, the Human Resources Department will, upon request, inform the Union President, or the Grievance Committeeperson involved of the employee’s disciplinary record. When an employee has been disciplined, the Human Resources Department will send copies of all such written discipline to the Union. If the facts alleged in a grievance involving a number of employees are identicaland the remedy sought is the same, a decision on the grievance of one of the employees involved will be applied to all who are entitled, at that time, to such a decision without the necessity of each filing an individual grievance. A grievance which is identical in facts to a grievance that is pending will not be heard at Step and pending resolution of the matter. When the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, will be disciplined within seven (7) working days. A grievance concerning the interpretation or alleged violation of the Collective Agreement, which has been properly carried through all the steps of the grievance procedure described in Article and which has not been settled, may be referred to Arbitration within twenty-one (21) days following the Company’s Step No. answer. The grievance shall be referred to Arbitration using the procedure covering official notices set forth in Article Within ten (10) days following receipt of notice that a grievance has been referred to Arbitration, the Parties can agree on the choice of an Arbitrator. If agreement is not reached within this ten day period, the designation of the Arbitrator shall be by rotation from the following roster: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ Should a person selected in rotation from the panel be unable to act for any reason, he shall not be asked again until his name comes up again in the normal rotation order unless mutually agreed upon in accordance with the provisions of Section Should the preceding methods of selecting an Arbitrator fail, the Minister of Labour of the Government of Newfoundland and Labrador will be asked to nominate one. Upon thirty (30) days written notice, the Company and the Union shall each be entitled to strike one name from the Panel of Arbitrators during the term of this Agreement. Two (2) or more grievances may be presented to an Arbitrator if the Company and the Union mutually agree. Arbitration hearings shall be held in unless some other place is mutually agreed that no between the Parties. Arbitration hearings shall be held within thirty (30) days following notice to the Arbitrator of his selection and if further hearings are required they shall be held within thirty (30) days following the last meeting. The decision of the Arbitrator shall be forwarded to the Parties within thirty (30) days following the last day of the Arbitration hearing. These time limits may be extended by mutual agreement between the Parties. The decision of the Arbitrator shall be binding on both Parties. The Arbitrator shall have jurisdiction and authority only to interpret and apply the provisions of this Agreement so far as shall be necessary to the determination of the grievance will and shall not have any power to alter or change in any way the provisions of this Agreement or to substitute any new provisions for any existing provisions; nor to give any decision inconsistent with the terms or provisions of this Agreement; nor shall any past practices or customs become binding unless they are in writing between the Company and the Union. No award in Arbitration shall be considered, the alleged circumstances of which originated or occurred more than three retroactive beyond fifteen (315) days prior to the original presentation, except date the grievance was first presented in writing. The Arbitration shall have authority to modify the of penalty in a grievance regarding wages which involving the suspension of an employee, but shall have no authority beyond that provided for in Article in a time limit of one (1) full pay period after issuance of pay.grievance involving discharge. The Parties will jointly bear the expenses No person shall be selected as Arbitrator who has been directly involved in attempts to settle the grievance

Appears in 1 contract

Sources: Collective Agreement

Step No. If ManagementWithin nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a t i m e and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understood and agreed that a representative of the grievance Canadian Union of Public Employees and the may be referred to arbitration present at the meeting. It further understood that the Hospital Administrator or his designee may have such counsel and assistance as herein providedhe may desire at such meeting. Management The decision of the Hospital shall give its decision to the Plant Committee be delivered writing within five nine (59) calendar days following the meeting date of such meeting. A new complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may 'not be used with respect to a grievance directly affecting an employee which employee could institute and the regular grievance procedure shall not be thereby Where a number of employees have identical grievances and each would be entitled to grieve separately they may present-a group grievance writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be supplied treated as a grievance written statement of such grievance lodged by the Companyemployee with the hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the action dismissing the employee, minutes or Wherever the Hospital deems necessary to suspend or discharge an employee, the Hospital shall notify the Union of all Labour Management Meetingssuch suspension or discharge writing. Prior The Hospital agrees that will not suspend, discharge or otherwise discipline an employee who has completed his administration or alleged violation of this Agreement, including any question as to proceeding to arbitrationwhether a matter arbitrable, any such grievance may be submitted to a Joint Grievance Commit- teearbitration as hereinafter provided. The Grievance Committee shall be composed of two If no written request for arbitration is received within eighteen (218) personscalendar days after the decision under Step No. given, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No. will be deemed to have been received within the settlement time limits. All agreements reached under the grievance procedure between the representatives of the grievance Hospital and the representatives of the Union will be final and binding on upon the Hospital and the Union and the Companyemployees. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration as provided in accordance with Each of the parties heretoforegoing Article, will bear the expense of their appointee shall make such request writing addressed to the Grievance Committee. The Grievance Committee shall not have the right other party to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement, and at the same time name a nominee. The Grievance CommitteeWithin seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have the power to vary or set aside any penalty or discipline imposed relating such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the grievance then before the Grievance CommitteeArbitration Board. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances If they are unable to agree upon such a chairman within a period of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.fourteen

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's The employee who may request the assistance of ▇▇▇▇▇▇▇, may present alleged grievance in writing to Department Head; failing settlement, the Department Head shall deliver decision at Step No. is not satisfactory, then the grievance may be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee in writing within five (5) working days following presentation of the meeting at Step No. grievance to then within five (5) working days after the decision is given: The Union Business representative shall Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. A meeting will be supplied by held within ten (10) working days between the Company, minutes City Manager or appointee and the Union Grievance Committee. A Staff Representative of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance the Union may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed present at the request of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concernedUnion. It is understood that the Company will not select a City Manager from or appointee shall have such counsel and assistance as may desire at any meeting of the area in which Grievance Committee. Failing settlement, the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance City Manager or appointee shall be deemed delivered to be the settlement of the grievance and binding on the the Union and in writing within ten (1O) working days after the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedentsmeeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediate supervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within thirty (30) calendar days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Committee is dead- locked and unable Procedure or Arbitration Procedure shall be made retroactive prior to render a decision, either may refer the date the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee was formally discussed or presented to the Corporation under the Grievance CommitteeProcedure except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The Grievance Committee shall not have the right to alter be present at all meetings held to resolve or change any provisions of the Agreement or substitute any new provisions discuss grievance. It is agreed and understood that all time limits in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may procedure shall be adhered to except where they are extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.

Appears in 1 contract

Sources: Collective Agreement

Step No. Within five (5) working days after the decision is given under Step No. the grievance may be submitted in writing to the Director, Warehousing and Distribution. If Managementrequested, a meeting may be held within a further period of five (5) working days between the Manager, Industrial Relations and/or his appointee, the Grievance Committee, and the Business Agent. The Manager, Industrial Relations, or his appointee's decision shall be delivered in writing within five (5) working days following the date of such meeting. Failing settlement under the foregoing procedure of any grievance between the parties arising the interpretation, application or alleged violation of this Agreement, including any question as whether a grievance is arbitrable, such grievance be submitted to arbitration as hereinafter and if no written request for arbitration is received within 0) working after the decision under is given, it shall be deemed to have been A policy grievance arising directly between the Company and the Union involving the interpretation, application or alleged violation of this Agreemerit shall be submitted in writing by the Business Agent. The parties agree such a grievance shall not be submitted solely to circumvent the normal Grievance Procedure provided in Section In the case of the Union, such a grievance shall be submitted in writing, commencing at Step No. is not satisfactoryof the Grievance Procedure, within fifteen (I5) working the circumstances giving rise to the grievance originate or occur, In the case of the a grievance shall first be presented in writing to the Union within (I5) working days after the circumstances giving rise to the grievance originate or occur and a meeting will be held within five (5) working days thereafter between representatives of the parties. Failing settlement, then within five (5) working days thereafter, the grievance may be referred to arbitration as herein provided. Management Should any grievance not be submitted within the time specified in this Article, it shall give its decision be considered to have been settled on the basis of the Company's reply to the Plant grievance. If no written decision has been given to an employee the time limits specified above, the employee shall be entitled to submit the grievance to the next stage including arbitration. A claim by an employee who has completed his probationary that he has been suspended or discharged without cause shall be treated a grievance if a written statement of such grievance lodged with the Distribution Centre within Four (4) working days the is suspended or discharged. Such suspension or discharge grievance may be under the Grievance Procedure by: (a) confirming the Company's action in suspending or dismissing the employee; or reinstating the employee with or without compensation for time lost; or by other arrangement which is just in the opinion of the parties or the Arbitration Board, if appointed. The time limits as prescribed above may be modified by mutual agreement of the parties Should an employee give false or misleading information in the completion of his Application for Employment Form or about his medical history, it will be considered just cause for discharge. The Company agrees to recognize a Grievance Committee of not than two (2) employees for the purpose of meeting with the Company in accordance with Steps No. and No. of the Grievance Procedure. It is agreed that such Committeemen, Stewards, and other Local Union officials have their regular duties to perform on behalf of the Company and that such persons will not leave their regular duties without receiving permission from their immediate supervisor, which permission will not be unreasonably withheld. In accordance with this the Company will compensate such Committeemen at their regular straight time hourly rate for time spent at such meetings during their regular hours. An member of the Grievance Committee ▇▇▇▇▇▇▇ will not be paid for time spent at such meeting. A ▇▇▇▇▇▇▇ will be present if on duty when an employee is disciplined, suspended or discharged. If a ▇▇▇▇▇▇▇ is not on duty at such time, a member of the bargaining unit will be present. The employee may request that the ▇▇▇▇▇▇▇, or in his absence the member of the bargaining unit, leave the meeting. Any reprimand, warning or disciplinary measure that becomes part of an employee's record regarding his work or conduct, other than a verbal warning, will be confirmed in writing, with a copy to the employee. The Union agrees to notify the Company in writing of the names of all Stewards and the Distribution Centre for which they are responsible. No employee will be recognized by the Company as a Union ▇▇▇▇▇▇▇ unless the Company has been properly notified as set out above. Whenever the Union provides the Company with an amended list of stewards for a Distribution Centre, the Company will post such list the Distribution Centre for a period of two (2) weeks following the date of receipt. Disciplinary warnings and/or with the exception of pertaining to Article which predate a disciplinary action by more than twenty-four (24) months shall not be adduced in evidence in any subsequent disciplinary proceeding in which the employee is involved. ARTICLE When party requests that a grievance be submitted to arbitration hereinbefore provided, it shall make such request in writing addressed to the other party to this Agreement, and at the time nominate an Arbitrator. Within five (5) working days thereafter the other party shall nominate an Arbitrator; provided, however that if such party fails to nominate an arbitrator as herein required, the Minister of Labour for the Province of shall have the power to effect such appointment upon application thereto by the party invoking arbitration. The two Arbitrators so nominated shall confer within five (5) working days following and shall attempt to select by agreement a Chairman of the meeting at Step NoArbitration Board. If they are unable to agree upon such a Chairman within such period, they shall then request the Minister of Labour for the Province of Ontario to appoint an impartial Chairman. No person shall be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance or in processing the grievance. The Union Business representative Arbitration Board shall be supplied by make any decision inconsistent with the Companyprovisions of the Agreement nor alter, minutes modify or amend any part of all Labour Management Meetingsthis Agreement but shall only consider the question in dispute. Prior to proceeding to arbitration, any grievance may No matter shall be submitted to a Joint arbitration which has not been properly lodged and carried through all previous steps of the Grievance Commit- teeProcedure. The Grievance Committee unanimous or majority decision in writing of the Arbitration Board with respect to the matter coming within the jurisdiction of the Board, shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance final and binding on upon the the Union parties hereto and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will hereto shall bear the expense of their appointee to the Grievance Committee. The Grievance Committee Arbitrator appointed by or for it and the parties shall not have jointly and equally bear the right to alter or change any provisions fees and expenses, if any, of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions Chairman of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances such Board of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payArbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. If ManagementThe employee and his supervisor shall meet and discuss the said difference, dispute or complaint. The employee's supervisor shall give his decision within three (3) full working days. The employee shall have the assistance of his Union ▇▇▇▇▇▇▇ if he so requests. Failing settlement, then A grievance shall be submitted in writing in triplicate on forms supplied by the Union and signed by the The written record of the grievance shall state the exact nature of the grievance, the act or acts complained of, the identity employee who claims to be aggrieved, the specific section or sections of the Agreement which it is alleged have been violated, the date or dates upon which the violations are alleged to have occurred and the remedy the employee seeks. The employee and his Operations Manager shall meet to discuss the grievance within seven (7) working days of the submission of the written grievance. The employee's Operations Manager shall give his decision in writing within seven (7) full working days. One copy of the written decision is to be given to the Union and two copies to the Employer. Failing settlement, then Within ten 0) working days following the decision in Step No. the employee, his ▇▇▇▇▇▇▇ and another official of the Union shall meet with the Em I Distribution Cent re Manager Departmental Manger and the employee's supervisor who shall render a decision within ten working days following this meeting. The grievance committee shall be present if either party so requests. Failing settlement under Step No. of any difference between the parties arising from the interpretation, administration, application or alleged violation of this Agreement, including any question as to whether or not a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided and, if no written request for arbitration is received within fifteen 5) full working days after the decision in Step No. is given, it shall be deemed to have been abandoned. A complaint by an employee who has completed his probationary period that he has been discharged without cause shall be treated as a grievance if it is submitted in writing to the Employer’s Departmental Manager within two (2) working days of the employee‘s discharge. Such grievances enter the Grievance Procedure at Step No. An employee who is being notified of his discharge may request the presence of his ▇▇▇▇▇▇▇. In the event that a ▇▇▇▇▇▇▇ is not satisfactorypresent at such time, then the Employer will advise the Union of the notice of discharge within seventy- two (72) hours after such notice has been effected. It is understood that failure to comply with the foregoing procedure shall not render the notice of discharge a nullity. If a grievance is not processed in accordance with the time limits set forth in this article, it shall be considered to be abandoned. Should the Employer fail to observe the time limit specified for rendering a decision at any step, the grievance shall be automatically advanced to the next step. The time limits set forth in this article may be referred to arbitration as herein providedextended by mutual written agreement, provided that such extension for any one grievance shall not be a precedent or waiver of the time limits for any subsequent grievances. Management No claim for compensation shall give its decision to the Plant Committee within be retroactive for more than five (5) days following prior to the meeting at Step No. The Union Business representative shall be supplied by the Company, minutes date of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed filing of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances concerning or affecting group of which originated or occurred more than three (3) days prior to may be submitted under Step No. Any or grievance arising directly between the original presentation, except in Employer and the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payUnion may be submitted under Step No.

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's Within nine (9) calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then : Within nine (9) calendar days following the decision in Step No. the grievance may be submitted writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator or her designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. is not satisfactory, then unless extended by agreement of the grievance parties. It understood and agreed that a representative of the Ontario Nurses' Association and the may be referred to arbitration present at the meeting. is further understood Administrator or her designate may have such counsel and assistance as herein providedshe may desire at such meeting. Management The decision of the Hospital shall give its decision to the Plant Committee be delivered in writing within five nine (59) calendar days following the meeting date of such meeting. A copy of the third step grievance reply will be provided to the Employment Relations Officer. A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. A grievance Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately, they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising a right under this Agreement. A claim by a nurse has completed her probationary period that she has been unjustly discharged or suspended shall be supplied treated as a grievance if a written statement of such grievance lodged by the Company, minutes of all Labour Management Meetingsnurse with the Hospital at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's Within nine (9) calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then : Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator or her designate and the Grievance Committee within nine (9) No. unless extended by agreement of tI!e parties. It is understood and agreed that a representative of the Ontario Nurses’ Association and the may be present at the meeting. It is further understood that the Hospital Administrator or her designate may have such counsel and assistance as she may desire at such meeting. The decision of the shall be delivered in writing within nine (9) days following the date of such meeting. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14 calendar days after the circumstances giving rise to t e grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. is and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a probationary nurse shall not satisfactory, then be subject to the grievance may procedure unless the probationary nurse is released for exercising a right under this Agreement. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be referred to arbitration treated as herein provided. Management shall give its decision to a grievance if a written statement of such grievance is lodged by the Plant Committee within five (5) days following nurse with the meeting Hospital at Step No. The Union Business representative shall be supplied by within seven (7) calendar days after the Company, minutes of all Labour Management Meetingsdate the discharge or suspension is effected. Prior to proceeding to arbitration, any Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. Within twenty working days after the circum- stances giving rise to the grievance occurred or originated (save and except grievances arising out of discharge cases in which case the grievance shall be brought forward within ten days of the employee being notified of his discharge), save and except grievances involving monetary items as defined in Section below, the aggrieved employee with his business representative may present his grievance, which shall be reduced to writing to the Employer. Should no settlement satisfactory to the employee be reached full working days, the next step in the grievance procedure may be taken at any time within ten full working days thereafter. STEP NO. The Council grievance committee, if it considers it a valid grievance, may submit the grievance to a committee of the Association and the respective committees shall meet within five working days thereafter in an endeavour to settle the grievance. If Management's decision at Step No. a satisfactory settlement is not satisfactory, then the grievance may be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee reached within five (5) working days following from this meeting and if this grievance is one which concerns the meeting at Step No. The Union Business representative shall be supplied by interpretation or alleged violation of the Companyagreement, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any the grievance may be submitted to arbitration as provided in Article VI below at any time within twenty working days thereafter but not later, or referred to the Ontario Labour Relations Board for arbitration pursuant to Section of the Ontario Labour Relations Act within a Joint Grievance Commit- teereasonable time which shall Grievances dealing with alleged violation of payment for hours of work, rates of pay, overtime, premiums (shift and compressed air) expenses, room and board allowances, reporting allowances but not including grievances arising classification assignment may be brought forward at Step No. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by 1 within the Company, and one (1) Teamster Union Official who shall be selected by three months after the Local Union concernedcircumstances giving rise to the grievance occurred or originated. It is further understood that the Company will not select a Manager from adjustment of any such grievance be retroactive to the area first day of the alleged violation within the three month period. Grievances dealing with alleged violation of payment for vacation and statutory holiday pension and welfare contributions, Union Dues, Working Dues, Training and Industry Fund, shall be brought forward at Step No. 1 within the period of time stipulated in which Section herein or three months after the circumstances giving rise to the grievance originated, nor will were brought to the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision attention of the Joint Grievance Committee on and the disposition Council and its member Unions affected or the Association as the case may be, whichever is the longer period. It is further understood that the adjustment of a any such grievance shall be deemed retroactive to be the settlement first day of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payviolation.

Appears in 1 contract

Sources: Collective Agreement

Step No. 3 6.03 Failing settlement under Step No. 3 of any difference between the parties arising from the interpretation, application, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be taken to arbitration as hereinafter provided. If Management's no written request for arbitration is received within ten (10) full working days after a decision in Step No. 3 is given, it shall be deemed to have been settled. 6.04 Any policy grievance arising directly between the Company and the Union shall be originated under Step No. 3 within ten (10) working days after the circumstances giving rise to the complaint have originated or occurred. However, it is expressly understood that the provision of this paragraph may not be used to institute a complaint or grievance directly affecting any employee or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not be thereby by-passed. 6.05 The time limits as to both documents and procedures in Article 6, 7 and 8 hereto shall be mandatory and shall be observed by the parties to this Agreement, provided, however, that the parties may mutually agree, in writing, in respect to an extension or waiver of any of the time limits imposed. Where no written answer has been given within the time limits specified, the employee(s) concerned, the Union or the Company as the case may be shall be entitled to submit the grievance to the next step of the Grievance Procedure. Any grievance not filed or processed within the time limits without mutual agreement, in writing, to an extension or waiver shall be considered to be withdrawn or settled on the basis of the last reply. 7.01 If a permanent employee believes that he has been unjustly discharged or suspended, the matter shall be taken up as a special grievance, commencing at Step No. 3 of the Grievance Procedure. Any such special grievance must be submitted in writing and lodged with the Company within three (3) working days after the discipline is not satisfactoryissued, then and the grievance may matter will be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee disposed of within five (5) working days following the meeting at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that after the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in received the grievance, but shall except where such a grievance is taken to arbitration. 7.02 Grievances relating to discharge or suspension may be from a Local Union that settled by confirming the Company’s action in dismissing the employee, or by reinstating the employee with full compensation for the time lost, or by other arrangement, which is signatory to this agreement. A decision just and equitable in the opinion of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.conferring parties

Appears in 1 contract

Sources: Collective Agreement

Step No. Any regular employee who has a grievance shall present the grievance verbally to his Supervisor and be accompanied by a ▇▇▇▇▇▇▇. The Supervisor shall state his decision verbally within three (3) working days of such meeting. If Management's this verbal decision at does not satisfactorily adjust the grievance, it may be appealed to Step following. Step No. is Notice of appeal must be made within seven (7) working days of the verbal decision, in writing, in triplicate, on forms supplied by the Union, and signed by the aggrieved employee and two members of the Grievance Committee. It shall be appropriately dated showing the date of the grievance, particulars of the incident giving rise to the grievance, the Article and Section of the Collective Agreement alleged to have been violated, the date of the submission, as well as the corrective action requested of the Company, and shall be presented to local management designated to handle Step Within five (5) working days of receipt of the appeal or within any agreed upon extension, local management designated to handle Step will meet with up to two (2) members of the Grievance Committee in an attempt to resolve the grievance. A written decision shall be given by local management designated to handle Step within five (5) working days of the date of such meeting. If this written decision does not satisfactorysatisfactorily adjust the grievance, then it may be appealed to Step following. Step No. Notice of appeal must be given in writing by dating and signing the grievance forms within ten working days from the written decision of local management, or their designate, through the Manager, Labour and Employment Relations, setting forth the areas or points of disagreement with the Step written decision. The Manager, Labour and Employment Relations, will arrange a Management Committee to meet with up to two (2) members of the Grievance Committee and the Local President, or Bargaining Unit Chairperson, or designated alternate, within seven (7) working days or a time mutually agreed upon. The two committees jointly will discuss the grievance and may request the attendance of any person or persons interested or involved. The Management Committee will render its decision in writing within seven (7) working days from the date of such meeting to the Local or Bargaining Unit. If the Committee’s decision does not bring about a satisfactory settlement, the grievance may be referred by either party to arbitration as herein provided. Management shall give its decision provided for in Article Should a regular employee claim that he has been unjustly discharged and wishes to seek redress under the Plant Committee grievance procedure, he must present such grievance, in writing, within five (5) days following the meeting of his discharge and may do so at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Companyprocedure. Settlements reached Failure by the Joint Grievance Committee Company to reply to grievances within the time limits provided in this agreement, or any agreed upon extension, will result in the grievance being processed to the next Step within the grievance procedure. An employee and/or ▇▇▇▇▇▇▇ shall obtain the permission of his Supervisor before interrupting or leaving his work to deal with a grievance. Permission will not be arbitrarily or unreasonably withheld. In this Article only, when computing working days, Saturdays, Sundays and recognized holidays shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payincluded.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. If Management's Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then further and agreed that a representative of the grievance Canadian Union of Public Employees and the may be referred to arbitration present at the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as herein providedhe may desire at such meeting. Management The decision of the Hospital shall give its decision to the Plant Committee be delivered in writing within five nine (59) calendar days following the meeting date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article-may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby by passed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is grieving to the department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be supplied treated as a grievance if a written statement of such grievance is lodged by the Company, minutes of all Labour Management Meetingsemployee with the Hospital at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which settled under the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's the decision at Step No. of the immediate ▇▇▇▇▇▇▇ is not satisfactoryacceptable to the employee, then he may appeal the grievance may be referred to arbitration as herein provided. Management shall give its decision to the Human Resources Manager or his designated representative, within two (2) working days from the date that he received the decision from his immediate ▇▇▇▇▇▇▇. The third step grievance meeting will be held within working days of the receipt of the grievance duly initialled by the Plant Committee Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the meeting at Step Nodate of the meeting. The and a National of the Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted present at this meeting. Employees hours will be altered to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which accommodate the grievance originated, nor meeting schedule and employees will be required to work both before and after the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedentsmeeting up until their revised quitting time. In the event that arbitration of a grievance is desired by either party, then the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration other party shall be notified in accordance with Each writing not later than twenty (20) working days after receipt of the parties hereto, answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will bear the expense of their appointee be given to the Grievance Committeeother party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, ▇▇▇▇ ▇▇▇▇▇▇▇ shall be substituted. In the event of the retirement of one of the Union’s nominees, ▇▇▇ ▇▇▇▇▇▇▇▇▇ shall be substituted. ▇▇▇▇▇▇ ▇▇▇▇▇ G ▇▇▇▇▇ The Grievance Committee arbitrator shall not have the right jurisdiction to alter or change any of the provisions of the Agreement this agreement, or substitute any new provisions in this Agreement or to substitute any new provisions in lieu thereof, or to give any decision inconsis- tent inconsistent with the terms and provisions of this Agreementagreement, or to deal with any matter not covered by this agreement. The Grievance Committeearbitrator in discharge and suspension cases shall be authorized to maintain the discharge or suspension, howevermake the whole, or make any modification as to compensation which is just and equitable in the opinion of the arbitrator. The parties shall equally share the fee and expenses of the arbitrator. No grievance shall be considered if the alleged circumstances of the grievance occurred more than fifteen (15) working days prior to the submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other than a probationary employee, shall have be given an opportunity to explain the power circumstances of his discharge or indefinite suspension to vary his Committeeman or set aside ▇▇▇▇▇▇▇ before leaving the plant. Such discharged or indefinitely suspended employee may present a grievance in writing, either directly or through his committeeman or ▇▇▇▇▇▇▇, within five (5) working days from the date of his discharge or indefinite suspension. Such grievance shall be lodged at Step No. of the grievance procedure. The Company shall furnish the Union with copies of written warnings, suspensions, and discharges. In the case of termination, the Plant Chairperson or his designate will be advised no later than his next regular shift. An employee's committeeman or ▇▇▇▇▇▇▇ shall be in attendance when he is to be formally disciplined. The Company agrees to remove any penalty discipline notation from the employee's record eighteen (18) months after the giving of such discipline notation unless within the two-year period the misconduct giving rise to the discipline notation is repeated, in which case the two-year period referred to above is waived. Such removed notation will not be cited or discipline imposed relied upon subsequently. A grievance relating to the same issue and providing the circumstances are similar pertaining to two or more employees will be considered a group grievance then before and subject to the Grievance Committeegrievance procedure. Any Union policy grievances will be limited to grievances which claim incorrect interpretation or administration of the agreement which may affect the collective interests of the bargaining unit and grievances lodged by the Company may be raised by either ▇▇▇▇▇ by notifying the other in writing as to the nature of the grievance within fifteen (15) working days of the incident which gave rise to the grievance. Such grievance will be discussed beginning at the 3rd step of the grievance procedure. Should the parties fail to resolve such grievance it may be referred to arbitration. It is understood that it will not be used to by-pass the regular grievance procedure. Written warnings, suspensions, and discharges shall be given three (3) working days from the date of the misconduct. The time limits mentioned as outlined in this Article the grievance procedure may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's Within three (3) working days after the decision at in Step No. is not satisfactorygiven, then the griever, who shall have the assistance of the Grievance Committee, may submit the grievance may be referred to arbitration as herein provided. Management shall give its decision in writing to the Plant Committee Group President or his designate. A meeting will then be held within five (5) working days following between the meeting at Step No. The Union Business representative shall be supplied by Group President or his designate, and the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of (which the Company may restrict to not more than two (2) personsmembers at the meeting) and the President or his designate, one (1) of whom or the Association shall be a Manager by present at the Company, and one (1) Teamster Union Official who request of either the Company or the Association. The decision of the Group President or his designate shall be selected by the Local Union concerneddelivered in writing within seven (7) working days. It is understood that the Group President or his designate, and the Grievance Committee of the Association may have such council and assistance as they may desire at any such meeting. All decisions arrived at between the Company will not select a Manager and the Association shall be final and binding upon the Company, and the Association and the employee or employees concerned. Failing settlement under the foregoing procedure or any grievance between the parties arising from the area in which the grievance originatedinterpretation, nor will the Union select an official from the local union involved in the grievanceapplication, but shall be from a Local Union that is signatory to this agreement. A decision administration or alleged violation of the Joint Grievance Committee on Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within one (1) month after the disposition of a decision under Step No. is given, the grievance shall be deemed to have been settled. Where no written answer has been given within the time limit specified, the grievance may be submitted to the settlement next step of the foregoing ure, including arbitration It is agreed that a grievance arising directly between the Company and the Association shall be originated under Step No. and the time limits set out with respect to that step shall appropriately apply. It is understood, however, that the provisions of this Section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby by-passed. Where a number of employees have the same grievance and each employee would be entitled to grieve separately, they may present a group grievance in writing signed by each employee at Step No. of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than procedure within three (3) days following the occurrence or origination of the circumstances giving rise to the grievance. The grievance shall then be treated as having been initiated at Step No. of the grievance procedure and the applicable provisions of this agreement shall then apply. I No adjustment effected under the Grievance Procedure or Arbitration Procedure shall be made retroactive prior to the original presentation, date the grievance was formally discussed or presented to the Company under the Grievance Procedure except in matters of clerical errors affecting an employee's pay. It is agreed that if there is a period of twelve (12) months since the of last disciplinary notice, the previous disciplinary notice shall be removed from the employee's Personnel file. However, it is agreed that should there not be a grievance regarding wages which twelve (12) month period between disciplinary notices, then all such notices shall have a time limit remain in the employee's Personnel file. It is also agreed that any continuous absence of one (1Im)onth or more to a maximum of six (6) full pay period after issuance months will not count as part of paythe twelve (12) month period.

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's decision at Step NoAn employee having a complaint or grievance shall discuss it with Union Committee person and both will discuss it with immediate supervisor within ten (10)working days of the incident giving rise to the complaint or grievance. is not satisfactory, then the grievance may be referred to arbitration as herein provided. Management The supervisor shall give its decision to the Plant Committee written response within five (5) working days of such .discussion to * - Should any employee feel that complaint or grievance has not been satisfactorily settled at Step may within five working days from the time of the supervisor's written response called for in Step refer the matter in writing on the appropriate grievance form to the Department Head. The Department Head may discuss the matter with the and the Union committee person together and shall give a decision in writing no later than five working days- after the grievance was presented at this step. If the grievance is not immediately settled as a result of Step the grievance will be submitted in writing on the same grievance form called for in Step No. to the Administrator no later than five (5) working days following the Department Head's written response called for in Step The Administrator shall call a meeting of representatives of the Employer and Union within five working days to discuss the grievance. Failing settlement at this meeting, the Administrator will submit a written reply to the Union Representative within five (5)working days following the meeting, with a copy to the Union office. Failing settlement at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to arbitration as hereinafter provided if the request is made in writing to the other party within thirty (30)calendar days after the decision has been given at Step No. Should two or more employees have a Joint Grievance Commit- teegrievance of a similar nature, then it may be processed as one grievance at Step of the grievance procedure and throughout the grievance procedure. Any grievance involving the interpretation or application of this contract which has been disposed of hereunder shall not be made the subject of another grievance. For the purpose of the grievance and arbitration procedure, working days shall exclude Saturdays, Sundays, paid holidays and vacation and regular days off. ARTICLE ARBITRATION PROCEDURE Following Step or the grievance procedure, the Union or Employer may request that any matter be submitted to arbitration as hereafter provided and shall make such request in writing addressed to the Administrator and at the same time appoint a nominee to such a Board of Arbitration to be established. Within ten working days following notice to arbitrate as given under the responding party shall appoint a nominee and so inform the instigating party. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be so appointed to settle by a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payChairman.".

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. If Management's the decision of the supervisor is not satisfactory, the Union ▇▇▇▇▇▇▇ shall meet with the Plant Superintendent or designate within three (3) working days of the supervisor’s decision and present the grievance in writing, signed by the aggrieved employee. The Plant Superintendent or designate shall give decision in writing to the aggrieved employee and to the Union ▇▇▇▇▇▇▇ within three (3) working days of the grievance being presented to Failing a satisfactory answer at Step No. is not satisfactory, then the parties will within three (3) days schedule a meeting within a mutually acceptable time. The Company agrees to provide the Union Committee and griever up to thirty (30) minutes paid time prior to step (3) provided they are on shift. A grievance committee of three (3) members shall present the grievance to the General Manager or designate. The griever may be referred present, if so requested by the Union. The Union’s International representative may be in attendance at this meeting. The General Manager or designate will render a decision in writing to the Chief ▇▇▇▇▇▇▇ and shall provide copies to the International Representative within three (3) working days of the grievance being submitted. When a difference arises between the parties relating to the interpretation, application or administration of the Agreement including any question as to whether a matter is arbitrator where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting any grievance procedure established by this Agreement, notify the other party within thirty (30) calendar days of the completion of Step No. of its desire to submit the difference or allegation to arbitration. Each party may notify the other of proposed arbitrators for consideration prior to exercising Article Failure by the Union to appeal a grievance decision to arbitration as herein providedin accordance with the provisions set forth above will result in the grievance involved being considered dropped or settled in accordance with the last decision rendered by the Company or its designated representative or representatives. It is understood and agreed that the time limit set forth in the grievance procedure may be extended only by mutual agreement between the Company and the Union. An employee called to meet with a member of management for the purpose of discussing any alleged misconduct that will result in discipline, such employee will be notified shop ▇▇▇▇▇▇▇ will be present. Management shall give its decision to not take disciplinary action without first warning the Plant Committee employee, unless the circumstances justify immediate discipline or discharge. In cases of suspension or discharge, a union ▇▇▇▇▇▇▇ will be present when discipline is administered. A period of suspension shall not include a qualifying day for a plant holiday. Where an employee has been disciplined or discharged and the matter becomes the subject of a grievance, the company will make available the disciplinary record of the griever, upon request of the Union rep. In the event of a claim that an employee has been discharged unjustly or unreasonably, the grievance shall be filed at Step of the grievance procedure within five (5) days following working days. In cases of disciplinary suspension the meeting Company agrees that normally there will be no suspension served until the Union has completed the third stage grievance procedure unless the situation requires immediate suspension in the opinion of management. Any discharge or suspension for cause if later reversed in the grievance procedure shall be rectified by reinstatement with full compensation for all time lost, together with the full reinstatement of all other benefits which, due to length of service or any other cause had accrued to the aggrieved employee, or any other arrangement which in the opinion of the conferring parties or arbitrator is just and equitable, provided that from any award shall be deducted any monies or other consideration of value received from other sources. Grievance relating to Article Recognition, Article Union Security and Article Strikes and Lockouts, and grievance of a general nature by the Company, may be initiated at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payprocedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. If ManagementThe employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Executive Director of his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understood and agreed that a representative of the grievance Canadian Union of Public Employees and the may be referred to arbitration present at the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as herein providedhe may desire at such meeting. Management The decision of the Hospital shall give its decision to the Plant Committee be delivered in writing within five nine (59) calendar days following the meeting date of such A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. processing of such grievance. The release or discharge of any employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be supplied treated as a grievance is lodged by the Company, minutes of all Labour Management Meetingsemployee with the Hospital at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's decision at Step NoThe Union Grievance Committee may present the alleged grievance in writing to the City Manager or appointee. is not satisfactory, then A meeting will be held within ten (10) working days between the grievance City Manager or appointee and the Union Grievance Committee. A Staff Representativeof the Union may be referred to arbitration as herein provided. Management shall give its decision to present at the Plant Committee within five (5) days following request of the meeting at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concernedUnion. It is understood that understoodthat the Company will not select a City Manager from or appointee shall have such counsel and assistance as may desire at any meeting of the area in which Grievance Committee. Failing settlement, the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance City Manager or appointee shall be deemed delivered to be the settlement of the grievance and binding on the the Union and in writing within ten working days after the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedentsmeeting takes place. In the event that there is no immediate supervisor and/or where an employee's immediatesupervisor and Department Head are one and the same person, Step No. will be omitted and the written grievance will be submitted to the Department Head at Step and if not settled, will proceed from Step No. to Step No. Failing settlement and if the grievance is to proceed to arbitration such grievance shall be submitted to arbitration within fourteen (14) working days from receipt of the written decision under Step Replies to grievances stating reasons shall be in writing at all stages. It is agreed that a grievance arising directly between the Corporation and the Union shall be originated under Step No. and the time limit set out with respect to that Step shall appropriately apply. It is further agreed that the Union may act on behalf of an employee who is unable to file a proper grievance initiating the grievance at the appropriate Step. It is understood, however, that the provisions of this section may not be used with respect to a grievance directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. No adjustment under the Grievance Committee is dead- locked and unable Procedure or Arbitration Procedure shall be made prior to render a decision, either may refer the date the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee was formally discussed or presented to the Corporation under the Grievance CommitteeProcedure (including the three (3) day period in Section within which the employee may grieve) except as to bookkeeping error involving an employee's wages and any grievance regarding discharge or suspension without pay will be deemed to have been filed on date of such suspension or discharge. The Grievance Committee shall not have the right to alter be present at all meetings held to resolve or change any provisions of the Agreement or substitute any new provisions discuss grievance. It is agreed and understood that all time limits in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may procedure shall be adhered to except where they are extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's an employee has a grievance employee and immediately within the ten working days referred to in submit the grievance in writing, to the Supervisor of Plant Operations and Facilities Maintenance. es on The Supervisor of Plant and Facilities Maintenance shah then investigate the grievance and may have a joint meeting with the individual the Field Supervisor and appropriate ▇▇▇▇▇▇▇ or Union The Supervisor of Plant and Faciliti adecisi working days. The next step of the grievance may be taken within working days of the of Plant Operations and Facilities giving written but not thereafter. The grievance herein referred to shah be and such written grievance shall be signed by the grieving employee and fully completed in respects. STEP No. 2 If the grievance is not up to point, the grievance committee shah, within seven working days the decision of the Supervisor of plant Operations and Facilities Maintenance under Step No. refer the written grievance to the of ordesignate.The ofEmployeeServicesor investigate grievance and ▇▇▇▇ meet with the Union Grievance Committee. At such meeting the Board or the Union may have such additional as each party desires. and me or employee@) concerned may be required to be the request of either party. The of Services a decision in writing to of within seven working days. STEP No. 3 Grievance Commitlee as soon as possible but not later than week thereafter to attempt to settle the grievance. At such the Board or the Union may have such additional representatives present each party and the or employee(s) concerned be required to be present at the request of party. The Director of a in writing to the of the Union within seven of the holding of the No. 4 If settlement of the grievance is not at Step No. is not satisfactory3 above, then the grievance it may be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee within five (5) days following the meeting at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer ofEducation’s decisionat No.3 partyreferring the grievance to arbitration shall be restricted to the issue contained in accordance with Each the written The written be signed by the and contain a of in dispute and of the parties hereto, will bear remedy requested by the expense In the a Union policy grievance or Board grievance such grievance may be submit- tedto of their appointee to the Grievance Committeeseven working days of the giving rise to the grievance and shall commence with Step No. The Grievance Committee 3 under the grievance procedure; however, it is expressly understood that the this paragraph may not be by the Union to institute a or griev- ancedirectlyaffectinganemployeeor which could then-selves institute, and the regular grievance shall not have thereby be bypassed. A complaint which has disposed of pursuant to the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and grievance provisions of this Agreementnot again be made matter of a orgrievance. The Grievance Committeeof being appointed. If the are unable to immediately agree upon an arbitrator who is available to hold a hearing immediately or within twenty-four hours, howeverthe may request the Minister of for the of Ontario to appoint an arbitrator. to put a grievance in writing in Step No. 1 in -dance with the requirements of Article hereof, shall have be a complete waiver and abandonment of the power to vary or set aside any penalty or discipline imposed relating grievance bythe Any grievance not from one step of the grievance procedure to the grievance then before next within the Grievance Committee. Any specified time as above shall be on the basis of the Board’s last If the respondent a not comply the time limits mentioned in this Article bet out for meetings and/or to a grievance, the party having carriage of the grievance shall the to the next step within the required after of the the to hold a meeting or give a reply. the case may be. limits may be extended only where in between the Board and the Union. binding upon all parties including complaining employee, shall not be sub to reopening by mutual any party except by agreement. If the grievance is at or 3 of the grievance procedure both the Board’s and the who pass on the same as provided herein. shall sign the settle- ment as endorsed the written grievance, in writing. is mutually agreed so that no grievance will be considered, question or argument arise as to was. endorsed on the alleged circumstances of which originated or occurred more than three (3) days prior to written grievance. acknowledging that the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payemployee has read and under- stood bound thereby.

Appears in 1 contract

Sources: Collective Agreement

Step No. If ManagementWithin nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to The Health CentreAdministrator or his designee.A meetingwill then be held between The Health Centre Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understood and agreed that a representative of the grievance Canadian Union of Public Employees and the may be referred to arbitration present at the meeting. It is further understoodthat The Health Centre Administrator or his designee may have such counsel and assistance as herein providedhe may desire at such meeting. Management The decision of The Health Centre shall give its decision to the Plant Committee be delivered in writing within five nine (59) calendar days following the meeting date of such meeting. A complaint or grievance arising directly between The Health Centre and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however,that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The releaseor discharge of an employeeduring the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be supplied treated as a grievance if a written statement of such grievance is lodged by the Company, minutes of all Labour Management Meetingsemployee with The Health Centre at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's the Department Head’s decision at Step No. is not judged to be un- satisfactory, then the grievance it may be referred to arbitration as herein provided. Management shall give its decision to appealed by the Plant Committee Grievance Com- mitteeman within five (5) days of its receipt. The ap- peal shall be made by completing the grievance form and mailing it to the Company using the official notice procedure set forth in Article The Resident Manager andlor his representatives shall meet with the Grievance Committee within ten days following receipt of such appeal to discuss the grievance. A representative of the International Union may attend the meeting and witnesses either Party may require may be heard. Within seven (7) days, the Resident Manager’s deci- sion shall be given in writing to the Union, unless a definite date for decision is mutually agreed upon. If appeal to Arbitration is taken from the Resident Manager’s decision within the time set forth in the grievance shall be considered settled on the basis of the Resident Manager’s decision. The Grievance Procedure may be utilized by the Union in processing a grievance which is not a personal grievance and which alleges a violation or misinterpretation of this Agreement. Such grievances may be introduced at Step No. The Union Business representative shall be supplied by of the CompanyGrievance Pro- cedure. In processing such a grievance, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will and the Union select an official from shall observe the local union involved specified time limits in the grievanceappealing and answering. Saturdays, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance Sundays and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee Holidays recognized herein shall not be used as precedents. In included when determining the event the Grievance Committee time within which any action is dead- locked to be taken under Article or Any and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any all time limits mentioned in fixed by this Article or Articles and may be extended by mutual agreement, agreement in writingwriting between the Company and the Union. is mutually agreed that no Any grievance not answered by the Company within the prescribed time limits may be appealed by the Union to the next step. Grievance meetings will be considered, held during work- ing hours and neither a Grievance Committeeman nor a will suffer any loss of pay for attendance. To attend a Grievance Meeting within his working hours a Grievance Committeeman or a must obtain permission from his ▇▇▇▇▇▇▇ to leave his work. Such permission will not be refused arbitrarily. Time spent in scheduled Grievance Meetings with the alleged circumstances Com- pany during a Committeeman’s or a regular scheduled shift shall be considered as time worked for the purpose of which originated computing overtime. When Step and Grievance Meetings are scheduled outside or occurred more than three (3) days prior go beyond the regular scheduled shift of the Grievance Committeeman referred to the original presentation, except in the of a grievance regarding wages which he shall have a time limit of be paid one (1) full pay period after issuance hour at straight time rates for such attendance in addition to hours lost during his regular scheduled shift. When an employee completes one (1) year of payactive service free of any written disciplinary action, his official previous disciplinary record maintained in the Industrial Department will not be referred to or in establishing any future discipline for him. When an employee has been disciplined, the Industrial Relations Department will, upon request, inform the Union President, or the Grievance Committeeman involved of the employee’s disciplinary record. When an employee has been disciplined, the Industrial Relations Department will send copies of all such writ- ten discipline to the Union. If the facts alleged in a grievance involving a number of employees are identical and the remedy sought is the same, a decision on the grievance of one of the employees involved will be applied to all who are entitled, at that time, to such a decision without the necessity of each filing an individual grievance. When the Company has established that an infraction has been committed by an employee and that disciplinary action is warranted, he will be disci- plined within five (5) working days.

Appears in 1 contract

Sources: Collective Agreement

Step No. If ManagementThe employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within nine calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9)calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understood and agreed that a representative of the grievance Canadian Union of Public Employees and the may be referred to arbitration present at the meeting. It is further understood that the Hospital Administrator or his designee have such counsel and assistance as herein providedhe may desire at such meeting. Management The decision of the Hospital shall give its decision to the Plant Committee be in writing within five nine (59) calendar days following the meeting date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the application or alleged violation of the Agreement shall be originated at Step No. within fourteen calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby Where a number of employees have identical grievances and each would be entitled grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen 4) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. and the applicable provisions of this article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be supplied treated as grievance if a written statement of such grievance is lodged by the Companyemployee with the Hospital at Step No. within seven (7)calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital's action in dismissing the employee; or reinstating the employee with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary suspend or discharge an employee, minutes the Hospital shall notify the Union of all Labour Management Meetingssuch suspension or discharge in writing. Prior The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause, Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation this Agreement, including any question as to proceeding to arbitrationwhether a matter is arbitrable, any such grievance may be submitted to a Joint Grievance Commit- teearbitration as hereinafter provided. The Grievance Committee shall be composed of two (2If no written request for arbitration is received within eighteen 18) personscalendar days after the decision under Step No. is given, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be have been abandoned. Where such a written request is postmarked within sixteen calendar days after the settlement decision under Step No. deemed to have been received within the time limits. agreements reached under the Grievance Procedure between the representatives of the grievance Hospital and the representatives of the Union will be final and binding on upon the Hospital and the Union and the Companyemployees. Settlements reached When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time a nominee. Within seven (7) calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the Joint party invoking Arbitration Procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a chairman within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman, No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Nu matter may be submitted to arbitration which has not been properly carried through all requisite steps the Grievance Committee Procedure. The Arbitration Board shall not be used as precedentsauthorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. In proceedings of the event Arbitration Board will be expedited by the Grievance Committee parties hereto and the decision of the majority and, where there is dead- locked no majority the decision of the chairman will be final and unable to render a decision, either may refer binding upon the grievance to arbitration in accordance with parties hereto and the employee or employees concerned. Each of the parties hereto, hereto will bear the expense of their appointee the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time of which originated or occurred more than three (3) days prior reference to arbitration and the original presentation, except in the of a grievance regarding wages which other provisions referring to Arbitration Board shall have a time limit of one (1) full pay period after issuance of pay.appropriately apply. ARTICLE ACCESS TO

Appears in 1 contract

Sources: Collective Agreement

Step No. The aggrieved employee or alternate must submit the grievance in writing to the Manager of Plant Operations or Manager of Plant Maintenance and Construction who shall consider it in the presence of the aggrieved employee and/or the Grievance Grievance Committee shall be present at this stage. Should no satisfactory to the employee be reached within five working days, the next step in the grievance procedure may be taken at any time within five working days thereafter. The aggrieved employee or alternate shall submit the grievance in writing to the Superintendent of and Educational Resources. The Grievance shall be present at this stage. aggrieved employee's supervisor and/or the Manager of Plant Operations or Manager of Plant and Construction may be present if required by the Superintendent of Human and Educational Resources designate. If Management's decision at Step No. a final settlement of the grievance under hereof is not satisfactorycompleted within ten working days after deliberations have commenced, then the grievance may be referred by either party to arbitration Arbitration as herein providedprovided in ARTICLE hereof. Management In the event of the reinstatement, through the grievance procedure, of an employee who has been suspended or discharged, such employee shall give its decision be reinstated to the Plant Committee employee's former position without loss of seniority and shall receive the pay for the period of suspension or discharge. Both parties to this Agreement agree that any dispute or grievance con- cerning the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in ARTICLE VI, and which has not been settled, may be referred to a Board of Arbitration and where both parties agree, a single Arbitrator may be substituted for an Arbitra- tion Board. In the case of a single Arbitrator, the parties shall endeavour to agree on the selection of an Arbitrator, and in the event that they fail to do so, the of Labour will be asked to nominate an Arbitrator of one person appointed by the Employer, one person appointed by the Association and a third person to act as Chairperson, chosen by the other two members of the Board. Within five working days of the request by either party for a Board, each party shall notify the other of the of the appointee. Should the person chosen by the to act on the Board and the person chosen by the Association fail to agree on a third person within five (5) seven days following of the meeting at Step Nonotifi- cation mentioned in the Minister of Labour for the Province of Ontario will be asked to appoint a Chairperson forthwith. The Union Business representative decision of a Board of Arbitra- tion, or a majority thereof, constituted in the above manner, shall be supplied final and binding on both parties. If there is no majority decision, then the decision of the Chairperson shall govern. any of the provisions of this Agree- ment or to substitute any new pro- visions for any existing provisions. Each of the parties to this Agree- ment will bear the expenses of the Arbitrator appointed by it and of its witnesses; and the Company, minutes parties will jointly bear the expenses of all Labour Management Meetingsthe Chairperson. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who No person shall be selected by as Arbitrator who has been directly involved in attempts to negotiate or settle the Local Union concernedgrievance. The Association agrees that, during the term of this Agreement, there will be no strike, picketing, slowdown or stoppage of work, and the Employer agrees that there will be no lockout. "Strike" and "lockout" shall be as defined in the The Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, picketing, stoppage or slowdown. It is understood that the Company will Employer may bring forward, at any meeting held with the Association Grievance any complaint with respect officers or members, or any com- plaint that a contractual obli- gation undertaken by the Association has been violated, and that, if such complaint by the Employer is not select a Manager from settled to the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision mutual satisfacton of the Joint Grievance Committee on the disposition of conferring parties, it may be treated as a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance referred to arbitration in accordance with Each the same way as the grievance of an employee. Should any difference arise between the Employer and the Association as to the interpretation or alleged violation of the parties heretoprovisions of this Agreement affecting the Association as such, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee Association shall not have the right to alter or change bring forward, at any provisions meeting held with the under the grievance procedure, any such complaint. If such complaint is not .settled to the satisfaction of the Agreement or substitute any new provisions conferring parties, it may be treated as a grievance and referred to arbitration in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent the same way as the grievance of an employee. No such grievance shall be filed with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating respect to the grievance then before same subject matter that is already the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the subject of a grievance regarding wages which filed an under ARTICLE VI, nor shall have any grievance be filed by an with respect to the same subject matter that is already the subject of a time limit of one (1) full pay period after issuance of pay.grievance filed by the Association under this

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. If Management's Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Health Centre Administrator or his designee. A meeting will then be held between the Health Centre Administratoror his designeeand the Grievance Committeewithin nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understoodand agreed that a representative Canadian Unionof Public Employeesand the grievance griever may be referred to arbitration present at the meeting. It is further understood that the Health Centre Administrator or his designee may have such counsel and assistance as herein providedhe may desire at such meeting. Management The decision of the Health Centre shall give its decision to the Plant Committee be delivered in writing within five nine (59) calendar days following the meeting date of such meeting. A complaint or grievance arising directly between the Health Centre and the Union concerningthe interpretation,application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisionsof this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitledto grieve separatelythey may presenta group grievance in writing identifying each employee who is grieving to the Heador his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be supplied treated as a grievance if a written statement of such grievance is lodged by the Company, minutes of all Labour Management Meetingsemployee with the Health Centre at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's Within three (3) working days following the decision at under Step Nothe employee shall submit the written grievance to the Executive Director or designate. is not satisfactory, then The Executive Director or designate will meet with the and a ▇▇▇▇▇▇▇ to review the grievance within ten working days of receiving the grievance at this Step. The Executive Director shall have such counsel and assistance as may be referred to arbitration desired at this meeting as herein providedmay the Union request the presence of the Union staff representative or executive officer of the local union. Management Failing settlement, the decision of the Executive Director or designate shall give its decision be delivered in writing within ten working days from the date on which the grievance meeting was convened. Policy Grievance A “policy grievance” is defined as a difference between the parties relating to the Plant Committee interpretation, application, administration, or alleged violation of this Agreement including any question as to whether the grievance is arbitrable. It is agreed that an Employer or a Union policy grievance arising directly between the Employer and the Union shall be originated under Step above within five (5) working days after the circumstances giving rise to the grievance have occurred or originated, and the time limit set out with respect to that Step shall appropriately apply. However, it is understood that the provisions of this section may not be used with respect to a complaint or grievance directly affecting an employee which she should have instituted herself and that the regular grievance procedure shall not be thereby bypassed. Group Grievance Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing identifying each employee who is grieving, specify the nature of the article or articles of the Collective Agreement of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought, to the Program Manager, or her designate within five (5) days following after the meeting circumstances giving rise to the grievance have occurred. The grievance shall then be treated as being initiated at Step Noand the time limit set out with respect to the step shall appropriately apply. The Union Business representative shall Discharge Grievance If an employee, who has completed her probationary period, claims that she has been unjustly discharged, such complaint must be supplied submitted by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance employee who may be submitted to accompanied by a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement ▇▇▇▇▇▇▇ at Step of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee procedure to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than Employer within three (3) working days prior following the date of discharge is effective, and the time limit set out with respect to the original presentation, except in Step shall appropriately apply. Such grievance may be settled under the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Grievance and Arbitration procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's The nurse may submit a written grievance, signed by the nurse, to her immediate supervisor. The grievance shall be on a form referred to in Article and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the immediate supervisor will de her decision in writing within nine (9) calendar days following the day on which the grievance was presented to her. Failing settlement, then: Within nine (9) calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her, The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator or her designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understood and agreed that a representative of the grievance Ontario Nurses’ Association and the be present at the meeting. It i s further understood that the Hospital Administrator or her designate may be referred to arbitration have such counsel and assistance as herein provided. Management shall give its decision to the Plant Committee she may desire at such writing within five nine (59) days following the meeting date of such meeting. A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the or grievance. A grievance by the Hospital shall e filed with the local President or her designate. Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14 calendar days after the circumstances giving rise to t e grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for a right under this A A claim by a nurse who as completed her pro period that she has been unjustly discharged or suspended shall be supplied treated as a grievance if a written statement of such grievance is lodged by the Company, minutes of all Labour Management Meetingsnurse with the Hospital at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If ManagementWithin nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days the date on which the written grievance was presented to him. The parties may, they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be where the employee's supervisor and Head are the same per- son. Failing settlement, then: Within nine (9) calendar days following the decision i n Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital or his designee and the Grievance within nine (9) calendar days of the of the at Step unless extended by agreement of the parties. It i s understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assfstance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A or grievance arising directly-between the and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. is not satisfactory, then the grievance may be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee within five fourteen (514) calendar days following the meeting circumstances giving rise to the complaint or grievance. It is expressly under- stood, however, that the provisions of this Article may not be Of Page of Pages used with respect to a grievance an which such employee could himself Institute and the regular griev- ance procedure shall not be thereby bypassed, a number of employees have identical grievances and each employee would be to grieve separately they may present a group grievance i n writing identifying each employee who is to the Department Head or his designee fourteen 14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable pro- visions of this Article shall then apply with respect t o the pro- cessing of such grievance. The Union Business representative release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has his probationary period that he has been unjustly discharged or suspended shall be supplied treated as a grievance if a written statement of such grievance i s lodged by the Company, minutes of all Labour Management Meetingsemployee with the Hospital at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension i s effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by settled under the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter Griev- ance or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. Within (5) working days the decision is given Step the grievance in writing to the Manager, Relations. If Management's a meeting be held within a further of five working days between the Manager, Industrial Relations his appointee, the Grievance Committee, and the Agent. The Manager, Industrial Relations, or his decision be delivered in writing within five (5) working following the date of such meeting. settlement under procedure of any grievance between the parties the application or alleged violation of this including any question as to whether grievance is arbitrable, such grievance be to arbitration as hereinafter and if no written request for arbitration is received ten (10) working days after the under Step No. is given, shall be deemed to have been abandoned. A policy grievance arising directly between the the involvingthe interpretation,application or alleged violation of shall be submitted in by the Agent. parties that such a grievance shall not submitted solely Grievance Procedure provided in Section In the case of the Union, such a grievance shall be in writing, commencing at Step No. is not satisfactorythe Grievance Procedure, then within fifteen (15) days the circumstances giving rise to the grievance originate or In the case of the Company, a grievance shall first be presented in writing to the within 5) days after the circumstances rise to the grievance originate a will be held within five (5) working thereafter between of the parties. Failing then within working days thereafter, the may be referred to arbitration as herein hereinafter provided. Management shall give its decision to Should any employee not be submitted within the Plant Committee within five (5) days following the meeting at Step No. The Union Business representative time limits specified in this Article, it shall be supplied by considered to have been on the basis of the Company’s reply to grievance. If no written decision has been to an employee within the time limits specified above, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee the employee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory entitled to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer submit the grievance to arbitration in accordance the next stage including arbitration. A claim by an employee who completed his period he has been or discharged without shall treated as a grievance if a written statement of such is lodged with Each of Distribution Centre Manager within four (4) working days after the parties hereto, will bear the expense of their appointee to employee suspended discharged. suspension or discharge grievance be with the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Procedure by:

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. If ManagementThe employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within nine (9) calendardays following the decision under Step No. the employee may submit the written grievance to his Department Head who deliver his decision in writing within nine (9) calendar days the date on which the written grievance was presentedto him. The parties may, if they desire, meet to the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted inwriting to the HospitalAdministrator or his designee. A meeting will then be held the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understood and agreed that representative of the grievance Canadian Union of Public Employees and the may be referred to arbitration present at the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as herein provided. Management he may desire at such The decision of the Hospital shall give its decision to the Plant Committee within five be delivered in writing within.nine (59) calendar days following the meeting date of such meeting. A complaint or grievance arising directly between the Hospital and the concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a numberof employees have identicalgrievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have to the attention of the The Union Business representative grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be supplied treated as a grievance if a written statement of such grievance is lodged by the Company, minutes of all Labour Management Meetingsemployee with the Hospital at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's Within nine ( 9 ) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understood and agreed that a representative of the grievance Canadian Union of Public Employees and the may be referred to arbitration at the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as herein providedhe may desire at such meeting. Management The decision of the Hospital shall give its decision to the Plant Committee be delivered in writing within five nine (59) calendar days following the meeting date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. The Union Business representative shall within fourteen (14) calendar days following the circumstances giving rise to t h e complaint or grievance.. is expressly understood, however, that the provisions of this Article may not be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted used with respect to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in grievance directly affecting an employee which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union such employee could himself institute and the Company. Settlements reached by the Joint Grievance Committee regular grievance procedure shall not be used as precedentsthereby bypassed. In the event the Grievance Committee Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee grieving to the Grievance Committee. The Grievance Committee shall not have Department Head or his designee within fourteen calendar days after the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating circumstances giving rise to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated have occurred or occurred more than three (3) days prior ought reasonably t o have come to the original presentation, except in attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of t h i s Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the of a grievance regarding wages which or arbitration. A by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall have be treated as a time limit grievance if a written statement of one such grievance is lodged by the employee with the Hospital at within seven (17) full pay period calendar days after issuance of pay.the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's decision I A conference shall take place between the aggrieved employee, who may be accompanied by the Union ▇▇▇▇▇▇▇, and the Supervisor, at Step No. is not satisfactory, then which time a written record of the grievance may be referred on a standard form, to arbitration as herein provided. Management shall give its decision to the Plant Committee within five (5) days following the meeting at Step No. The Union Business representative shall be supplied by the Company, minutes shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of all Labour Management MeetingsStep No. Prior a conference shall be held between the aggrieved employee, the Union ▇▇▇▇▇▇▇ and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of any difference between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to proceeding whether a matter is arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Procedure, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by agreement between the Company and the Union. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be submitted agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his ▇▇▇▇▇▇▇ who shall, if a grievance is to a Joint Grievance Commit- teebe filed, file such written grievance with the Company within five days of the suspension or dismissal. The Grievance Committee dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be composed of two (2) personsgiven in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, one (1) of whom he shall be a Manager reinstated in his former job and compensated for such time lost as is determined by the Companygrievance or arbitration procedure, or such other settlement as is deemed to be just and one (1) Teamster Union Official who shall be selected by the Local Union concernedequitable. It is understood that in the case of any general allegation by the Union that the Company will has violated this Agreement, in such a manner that an individual employee could not select a Manager from the area in which rightly process the grievance originated, nor will under this Article the Union select an official from may present such allegation to the local union involved in Company at the grievance, but shall be from a Local Union that is signatory to this agreement. A decision 2nd Step level of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payprocedure.

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's Within nine (9) calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine (9) calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator or her designate and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is not satisfactory, then understood and agreed that a representative of the grievance Ontario Nurses' and the may be referred to arbitration present at the meeting. It is further understood that the Hospital Administrator or her designate may have such counsel and assistance as herein providedshe may desire at such meeting. Management The decision of the Hospital shall give its decision to the Plant Committee be delivered in writing within five nine (59) calendar days following the meeting date of such meeting. A complaint or grievance arising directly between the Hospital and the Association concerning the interpretation, application or alleged -violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the or grievance. A grievance by the Hospital shall e filed with the Local President or her designate. may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then be treated as being The release of a probationary nurse shall not be subject to the grievance procedure unless the probationary nurse is released for exercising a right under this Agreement. A claim by a nurse who has completed her probationary period that she has been unjustly discharged or suspended shall be supplied treated as a grievance if a written statement of such grievance is lodged by the Company, minutes of all Labour Management Meetingsnurse with the Hospital at Step No. Prior to proceeding to arbitration, any within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event settled under the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's decision at Step No. is not satisfactoryGrievances properly arising under this shall be adjusted and settled grievance occurred or originated, then the (save and except grievances arising out of discharge cases in which case grievance may shall be referred to arbitration as herein provided. Management shall give its decision to the Plant Committee brought within five (5) days following the meeting at Step No. The Union of employee being notified of discharge, and save except as defined in Section (below), aggrieved employee Business representative Representative, grievance which shall be reduced on a supplied by the CompanyUnion approved by Association, minutes to of all Labour Management Meetingsnamed by io grievances at this step. Prior Should satisfactory to proceeding employee be within five (5) full days, step the grievance procedure be taken at any lime five (5) full working days thereafter. Conunittee, if it considers it a valid grievance, the grievance to a of the Association and the respective shall meet five (5) working days thereafter endeavour to the If salisfactory settlement is not reached five (5) days this meeting if as grievance is one concerns interpretation or alleged violation of the Agreement, grievance be to arbitration, ten (1O) working days but not Article below at any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee time grievances are defined as those arising under this Agreement, involving of hours of work, rates of overtime: vacation and holiday pay, travelling expenses, room board benefit and contributions, and dues, do not grievances out of classification monetary grievances shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concernedbrought at Step Na. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior after circumstances giving rise to grievance occurred or originated. In those instances is required to file a or subsequent monetary grievance under this Article such grievance is settled with assistance Relations Board, responsible for violation of the will pay such costs to arrive at Should the Union refer a grievance to the original presentationRelations Board and fail to prove alleged and failure to prove violation is established Board decision, except pay such reasonable legal costs by the as a of such Both parties to this Agreement agree that any grievance the interpretation or alleged of this Agreement been properly carried ail the steps of the Grievance Procedure outlined in above and has not been settled, will be referred to a Board of Arbitration at request of either of parties hereto. Board of Arbitration be composed of person appointed by Association, appointed by the Union and a person act as Chairnian chosen by the other of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of paythe Board.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. Any regular employee who has a e grievance verbally to his Supervisor and ▇▇▇▇ ▇▇▇▇▇▇▇. The Supervisor shall s three (3)working days of such m not satisfactorily adjust the grievance, it may be appealed to Step following. in writing, in triplicate, by the aggrieved em- Committee. It shall be particulars of Article and Section of the Collective Agreement alleged to have been he date of the submission, as well as the corrective of the Company, and shall be presented to Divisional to handle Step Within five working days of receipt of the appeal or within any agreed upon extension, Divisional Management designated to handle Step will meet with up to two (2) members of the Grievance Committee in an attempt to resolve the grievance. A days from the written decision of Divisional Management, or their designate, through the Manager, Employee and Labour Relations, setting forth the areas or points of disagreement with the Step members of the Grievance and the Local President, or Bargaining Unit Chairperson, or designated alternate, within seven (7) working days or a time mutually agreed upon. The two jointly will discuss the grievance and may request the attendance of any person or persons interested or involved. The Management Committee will render its decision in writing within seven (7) working days from the date of such meeting to the Local or Bargaining Unit. If Management's the decision at Step No. is does not satisfactorybring about a satisfactory settlement, then the grievance may be referred by either party to arbitration as herein provided. Management shall give its decision provided for in Article Should a regular employee claim that he has been un- justly discharged and wishes to seek redress under the Plant Committee grievance procedure, he must present such grievance, in writing, within five (5) days following the meeting of his discharge and may do so at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Companypro- cedure. Settlements reached Failure by the Joint Grievance Committee Company to reply to grievances within the time limits provided in this agreement, or any agreed upon extension, will result in the grievance being processed to the next Step within the grievance procedure. An employee and/or ▇▇▇▇▇▇▇ shall obtain the per- mission of his Supervisor before interrupting or leaving his work to deal with a grievance. Permission will not be arbitrarily or unreason- ably withheld. In this Article only, when computing working days, Saturdays, Sundays and recognized holidays shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payincluded.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. If Management's Within nine (9) calendar days following the decision under Step No. the nurse may submit the written grievance to the Director of Nursing or her designate who will deliver her decision in writing within nine calendar days from the date on which the written grievance was presented to her. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then : Within nine (9 calendar days following the decision in Step No. t e grievance may be submitted in writing to the Hospital Administrator or her designate. A meeting will then be held between the Hospital Administrator calendar days of the submission of the at Step No. unless extended by agreement of t e parties. It is not satisfactory, then understood and a a representative of the grievance Ontario Nurses' and the may be referred to arbitration present at the meeting. It is further understood that the Hospital Administrator or her designate may have such counsel and assistance as herein providedshe may desire at such meeting. Management decision of the shall give its decision to the Plant Committee be delivered in writing within five nine (59) days following the meeting date. A complaint or grievance -arising directly between the Hospital and the Association concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within Bresident Where a number of nurses have identical grievances and each nurse would be entitled to grieve separately they may present a group grievance in writing signed by each nurse who is grieving to the Director of Nursing or her designate within fourteen (14 calendar days after the circumstances giving rise to t e grievance have occurred or ought reasonably to have come to the attention of the The Union Business representative grievance shall then -be treated as being initiated at No. and the applicable provisions of processing of such this Article ▇▇▇▇▇ then apply with respect to the period that she has been unjust or suspended shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of treated as a grievance shall be deemed to be the settlement f a writ en statement of the such grievance and binding on the the Union and the Company. Settlements reached is lodged by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent nurse with the terms and provisions of this AgreementHospital at Step No. The within seven (7) calendar days after the. date the discharge or suspension is effected. Such special grievance be settled under Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.Arbitration Procedure by:

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's decision at Step No. is not satisfactory, then the grievance may be referred to arbitration as herein provided. Management The Union Grievance Committee shall give its decision to the Plant Committee meet within five (5) days following with management to consider the meeting at Step Nogrievance. The Union Business representative shall be supplied by the CompanyAt this stage, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance they may be submitted to accompanied by a Joint Grievance Commit- teerepresentative of the International Organization. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by A error in the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company written submission will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in cause annulment of the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the If final settlement of the grievance is not completed within seven (7) days after the meeting in Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to an arbitrator at any time within twenty-one (21) days thereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in rotation: ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ The decisions of the Arbitrator constituted in the above manner be binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committeeboth parties. The Grievance Committee shall Arbitrator not have the right any power to alter or change any of the provisions of the Agreement this Agreement, or to substitute any new provisions in this Agreement or substitute for any new provisions in lieu thereofexisting provisions, or nor to give any decision inconsis- tent inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will jointly bear the expenses of the Arbitrator. No person shall be selected as arbitrator who has been involved in attempts to negotiate or settle the grievance. Any differences which arise directly between the Union and the Company concerning the interpretation, application or non-application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may be submitted in writing by either of the parties to the other with opportunity to be provided within seven days for oral discussion between the officers of the Union and the management representatives designated for that purpose by the Company. Failing settlement within seven days of such first oral discussion, either the Company or the Union may give notice in writing requiring a meeting within seven working days between such management representatives or such other senior officials of the Company as the Company may designate for this purpose and a representative of the International Union of the United Steelworkers of America accompanied if he so desires by a Grievance Committee to discuss the matter. The Grievance Committeedecision of the party to whom the matter was first submitted shall be given within seven days after such meeting. in event that any difference concerning the interpretation,application or non-application, howeveror violation of this Agreement not have been satisfactorily settled under the foregoing provisions, the matter may then, by notice in writing given by one party to the other, within fifteen working days from the giving of the decision of the management representative at Stage Three, or the decision of the Company in the preceding paragraph, be referred to arbitration as hereinafter provided. If no decision be given within seven days' period allowed above, the notice of arbitration may be given within fifteen days after the expiry of such seven working day period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: Grievances processed under this section shall comply with the time limits set out above. Saturdays, Sundays and holidays shall not be counted in the time within which any action is to be taken in each of the foregoing stages. Any and all time fixed by this Article may, at any time, be extended by agreement in writing between the Company and the Union. It is understood and agreed that the provisions of Section of this Agreement may not be used by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a single arbitrator as outlined in Where an arbitrator determines that a disciplinary penalty or discharge is excessive he or she will have the power to vary substitute such other penalty for the discipline or set aside any penalty discharge as he or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned she considers just and reasonable in this Article may be extended by mutual agreement, in writing. is mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payall circumstances.

Appears in 1 contract

Sources: Collective Agreement

Step No. If Management's decision at Step No. is not satisfactoryThe employee, then who may request the grievance may be referred assistance of a (one) ▇▇▇▇▇▇▇ or the Chief ▇▇▇▇▇▇▇, shall present the grievance, in writing, to arbitration as herein provided. Management shall give its decision to the Plant Committee his immediate Supervisor within five (5) working days after the circumstances giving rise to the grievance have occurred. The employee’s immediate Supervisor shall render his decision, in writing, within five (5) working days following the meeting presentation of the grievance at this Step. Failing settlement at Step Nothe grievance may be appealed within five (5) working days following the written decision under Step to the Personnel Manager or his designate. The Personnel Manager or his designate shall discuss the grievance with the Union Business representative Representative and the ▇▇▇▇▇▇▇ (the may be present at the request of either party), within five (5) working days of the Step meeting request. The Personnel Manager or his designate shall be supplied by answer the Companygrievance, minutes of all Labour Management Meetingsin writing, within five (5) working days following the discussion with the Union Representative. Prior to proceeding to arbitration, any Failing settlement at Step the grievance may be submitted to Arbitration within ten working days followingthe written decision Personnel Manager or his designate. Any differencearisingdirectly betweenthe Union and the Company relating to the interpretation, application, or allegedviolation of the Agreement may be presented by either party as a Joint Policy Grievance Commit- teewithin fifteen (15) days after the date when the subject matter of the grievance first arose commencing at Step It is understood, however, that the provisions of this paragraph shall not be used with respect to a grievance directly affecting an employee which the employee could herself institute. The Grievance Committee regular grievance procedure shall not be bypassed unless the employee is physically unable due to medical reasons to process her own grievance. Replies to all written grievances shall be composed in writing at all stages. Any grievance concerning or affectinga group of two (2) persons, one (1) of whom employees may be originated under Step The Company shall be a Manager by provide the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which necessary facilities for the grievance originated, nor will meetings. Any grievance not presented in accordance with the Union select an official from the local union involved time limits as set out in the grievance, but shall be from a Local Union that is signatory to Step of this agreement. A decision of the Joint Grievance Committee on the disposition of a grievance Article shall be deemed to be the settlement of the grievance have been abandoned. However, any and binding on the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any all time limits mentioned in fixed by this Article may may, at any time, be extended by mutual agreementwritten agreement between the Company and the Union. All decisions arrived at between the Company and the Representative of the Union shall be final and binding upon the Company and the Union, and the concerned. Saturdays, Sundays, and paid holidays designated in writing. is mutually agreed that no grievance this Agreement, if not worked, will not be considered, counted in determining the alleged circumstances of time in which originated any action isto be taken or occurred more than three (3) days prior to completed under the original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of payGrievance Procedure or Arbitration Procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement