Common use of Step No Clause in Contracts

Step No. 4 If the Association is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Step No. 4 Failing a satisfactory settlement of the dispute under step the Employee concerned may submit his or her grievance to the President or his or her designated representative at a meeting arranged for this purpose, at a time mutually convenient. It is further understood that an Employee may have the assistance of a ▇▇▇▇▇▇▇ and a representative of the Union at such meeting if such representation is requested by either party. At the request of either party, the griever shall be present at this meeting. A written reply to the grievance will be given. If final settlement of the Association dispute is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered reached within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after following the receipt day upon which step is commenced or within such additional time as may be mutually agreed upon, then the grievance any be referred to a Board of such notificationArbitration as herein provided. Any grievance not submitted within the time limits nor advanced by the grieving party within the time limits provided for in each step of the grievance procedure shall be deemed to have been dropped. Where no answer is given within the time limits specified in the grievance procedure, the Superintendent and the Association grieving party shall jointly be entitled to submit the grievance to the Board next step of Conciliation the grievance procedure. The time limits referred to herein may be extended at the request of either party if mutually agreed upon by the parties and Arbitrationreduced to writing. Where a difference arises between the parties relating to the interpretation, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation application or administration of this Agreement and shall state the remedy agreement, including any question as to whether a matter is arbitrable, or the relief sought by the party requesting arbitration. (4) The authority where an allegation is made that this agreement has been violated, either of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submittedparties may, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to after exhausting the grievance procedure established by this agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, and the notice shall contain the name of the first party's appointee to an arbitration board. Either the Employer or the Local Union shall have the right to file a grievance regarding interpretation, application or administration of this agreement at step of the grievance procedure. It is understood that in the case of a grievance filed on behalf of the Employer under this section with respect to a complaint of the Employer as to the conduct of the Union, its officers or committee members or members that if such complaint is not settled to the mutual satisfaction of the parties, it may be submitted treated as a grievance and referred directly to arbitration in the manner prescribed abovesame way as set out in section herein. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 At this step, the written grievance shall be presented to the Industrial Relations Manager or his designate, with- in the aforesaid four (4)days of receipt of the depart- ment manager’s reply but not thereafter. A meeting will be held between the grievance committee together with the involved and the Industrial Relations Manager, together with other representatives of man- agement within (4)days of the presentation of the written grievance to the Industrial Relations Manager. A staff representativeof the Union may be present at such a meeting if requested by either party. The Industrial Relations Manager shall give his written reply to the ▇▇▇▇▇▇▇ within four (4)days of such meeting. If the Association Industrial Relations Manager’s reply is not satisfied with satis- factory to the disposition the next step must be taken with- in ten days after the delivery of the Industrial Relations Manager’s reply to the ▇▇▇▇▇▇▇ but not there- after. In the event the grievance is not settled at Step the party having carriage of the grievance at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting shall request arbi- tration of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification giving notice in writing to the other party within fourteen ten (1410) working days after from the date delivery of the receipt decision at Step to the ▇▇▇▇▇▇▇ but not thereafter. If the request for arbitration is not so given, within such ten day period, the decision at Step shall be final and binding upon both parties to the Agreement, and upon any employee involved. The notice to arbitrate shall contain the name and address of the moving party’s nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Association Board and the remedy sought. The party giving such notice shall be bound by same and shall be restricted to arbitrate the issues presented by the notice. The recipient of the final determination notice shall within ten (10) days advise the other party, in writing, of the Superintendent made under name of the procedure provided in said Step Noappointee to the arbitration board. 3. The two (2) Within appointees so selected shall, within five (5) working days after of the receipt appointment of such notificationthe second of them, appoint a third per- son who shall be the chairman. If the two (2) appointees fail to agree upon a chairman, within the time limited, the Superintendent Ministry of Labour for Ontario shall if requested, within the five (5) days from the expiry of the date upon which the two (2) appointees are to appoint a but not thereafter, ▇▇▇▇▇▇▇▇▇ appoint a qualified person to be chairman. The arbitration board shall hear and determine the Association mat- ter and shall jointly submit issue a decision which shall be final and binding upon the parties and upon any employee affect- ed by it. The decision of the majority shall be the deci- sion of the arbitration board, but if there is no majority decision, the decision of the chairman shall govern. The arbitration board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor to adjudicate any matter not specif- ically assigned to him by the notice to arbitrate speci- fied in Step of Article hereof. Each party hereto shall bear its own costs of and inci- dental to any arbitration proceedings. The fees and charges of the chairman of the board of arbitration shall be borne equally by the two (2) parties hereto. The time limits and other procedural requirements set out in this Article are mandatory and not merely direc- tory, therefore, failure to put a grievance to in writing at the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition proper step in accordance with the applicable rules requirements hereof shall be deemed a complete waiver and aban- donment of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought grievance by the party requesting arbitration. (4) The authority Any grievance not appealed from one step of the arbitrator grievance procedure to the next within the specified time limit shall be limited deemed to be abandoned. No matter may be submitted to arbitration which has not properly been carried through all specified previous steps of the grievance procedure within the time specified. The time in this Article may be extended if both parties agree. A grievance which has been disposed of pursuant to the grievance provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not again be made the subject matter of a grievance. A shall have the right to withdraw the grievance at any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any stage of the terms proceedings. A decision or provisions of this Agreement. (5) The decision settlement reached at any stage of the arbitrator grievance procedure shall be final and conclusively binding upon all parties hereto, including the Associationcomplaining employee, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall not be shared equally subject to reopening by the Committee and the Association. 4. By mutual any party except by agreement in writing between writing. If the Superintendent and the Association, a grievance otherwise subject to is set- tled at any step of the grievance procedure both the Company and the Union representatives who pass on the same as provided herein shall, after ratification, sign the settlement as endorsed upon the written grievance, so that no question or argument may arise as to what the settlement was. When an employee’s grievance is settled by the parties or determined by a Board of Arbitration on the basis that the employee is entitled to be submitted directly to arbitration in reimbursed for wages lost as a result of action on the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement part of the Superintendent Company in violation of this Agreement, such reimbursement shall be at the appropriate hourly rate exclusive of any shift premiums for those days he was otherwise available for work and recall at the Association. The Superintendent employer’s plant, but there shall be subtracted therefrom any and all monies the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of employ- ee received during such time limitsperiod.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 Within fifteen (15) days thereafter, the other party shall nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the Association is other party fails to nominate an Arbitrator, the grieving party may ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not satisfied with process it from one Step to the disposition next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. 3 or if no decision has been rendered within and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) working days after said meeting day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the Superintendentissues involved. In reaching its decisions, the AssociationArbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the aggrieved employee, provisions of this Agreement. The findings and decisions of the grievance may Board of Arbitration on all arbitrable questions shall be submitted binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to arbitration the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the following procedure: provisions in this Article. When an employee has given eighteen (118) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notificationconsecutive months with no unsatisfactory conduct documentation on file, the Superintendent company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Boardsuch request will not be denied. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If the Association is supervisor does not satisfied with settle the disposition matter to the satisfaction of the employee within five working days after the grievance at has been submitted to him under the provisions of Step No. 3 or if no decision has been rendered hereof, the employee and ▇▇▇▇▇▇▇ may take up the matter directlywith the Superintendent. STEP NO. If a settlement satisfactory to the employee is not obtained within ten (10) five working days after said meeting of the Superintendent, matter has been discussed with the Association, and the aggrieved employee, the grievance may be submitted to arbitration Superintendent in accordance with Step No. the following procedure: (1) The request for arbitration may be made by ▇▇▇▇▇▇▇ shall submit the Association or by the Superintendent by notification grievance in writing to the other party within fourteen (14) working Union Grievance Committee with a copy to the Company. The Union Grievance Committee will then meet to discuss grievance with the Company no later than ten calendar days after following the date of the receipt by Company response to the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after meeting. A staff representative of the receipt Union shall be present at the request of such notificationeither the Company or the Union. All decisions arrived at by agreement between the representative, or representatives of the Superintendent Company, and the Association Union Grievance Committee with respect to grievances, shall jointly submit be made in writing, and shall be and binding upon the Company and the Union. It is understood that no grievance be considered where the circumstances giving rise to it occurred or originated more than five calendar days before the filing of the grievance. The discharge of an employee may be submitted as a grievance under Step No. provided it is filed within five calendar days of the date of discharge. When either party to the Agreement requests that a grievance be submitted for Arbitration, they shall make such request in writing within twenty calendar days following the date of the Company’s answer to the 3rd step of the grievance procedure, addressed to the Board other party to the Agreement. The arbitration procedure incorporated in the Agreement shall be based on the use of Conciliation and Arbitrationa single Arbitrator. When either party refers a grievance to arbitration, Boston, Massachusetts, for disposition in accordance with they shall propose three acceptable Arbitrators. If none of the applicable rules of said Board. three (3) proposed Arbitrators are acceptable to the other party, they shall propose three Arbitrators. If an acceptable Arbitrator is not agreed upon within five calendar days, the parties may submit more proposed Arbitrators or request the Ministry of Labour to appoint an Arbitrator. The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority decision of the arbitrator shall Arbitrator on the matter at issue will be limited to final and binding on both parties, but in no event the provisions of this Agreement and to Arbitrator have the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor power to add to, subtract from, modify alter or amend this Agreement in any respect. However, where an Arbitrator determines that an employee has been discharged or otherwise change any disciplined by an employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the terms arbitration, the Arbitrator may substitute such other penalty for the discharge or provisions discipline as to the Arbitrator seems just and reasonable on all circumstances. Each shall pay its own costs and the fees and expenses of witnesses called by it and its representatives, The fees and expenses of the Arbitrator shall be shared equally between the parties. At any stage of the grievance procedure including arbitration, the conferring parties may have the assistance of the employees concerned and any necessary witnesses and employees attendance and discipline records, if authorized by the employee. All reasonable arrangements will be made to permit conferring or the Arbitrator, to have access to the plant to view the disputed operation and confer with necessary witnesses. An employee who has been continuously employed for less than five years shall receive vacation pay according to the Employment Standards Act (Ontario). or more will receive three weeks vacation with pay at the rate of six percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked three weeks pay at the employees regular straight time hourly rate, whichever is greater. An employee who has been continuously employed by the Company for twelve years or more shall receive four (4) weeks vacation with pay at the rate of eight percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked four weeks pay at the employees regular straight time hourly rate, whichever is greater. If an employee terminates his employment with the Company, he shall be paid the amount of his accrued vacation pay. It is understood and mutually agreed between the Company and the Union that the vacation period shall be between July 1st and September 1st of each year, but no more than two employees to be away from each operation at any one time. In the event of a dispute over bidding for vacations, seniority shall prevail. An employee who has been continuously employed by the Company for twenty-two (22) years or more shall receive five (5) weeks vacation with pay at the rate of ten percent of their earnings for the period between July 1st of the calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked weeks pay at the employees regular straight time hourly rate, whichever is greater. At all times, the Company reserves the right to limit vacations to two consecutive weeks and no more than two employees to be away from each operation at any one time. Any vacation longer than two weeks, requires a minimum of sixty days notice. It is agreed by the parties that as a condition of employment, after thirty calendar days, all employees of the Company shall be required to authorize the Company, in writing, to deduct the employee’s weekly pay, Union dues and initiation fee as prescribed by the constitution of the Union. Union dues shall be deducted from the employees on the first pay day of the month thirty (30) calendar days of employment. The Company shall deduct Union dues from the said employees, and promptly remit same to the Union together with a list ‘of employees whose dues are being so deducted, with a copy to the President. The employee may authorize the Company to deduct from his pay, contributions toward the Steel Workers Humanity Fund. The Company agrees to match any employee contribution up to a maximum of twenty-one (21) dollars per year. The Company will be informed as to where their contribution will be going and have the right to veto any charity they do not approve. The employee may cancel his contributions upon submitting a written request at which the Company’scontribution for that employee is also cancelled. The Union agrees to defend, indemnify and hold the Company harmless against any claim or liability from the administration of Article of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If the Association is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notification, decision is given by the Superintendent and Plant Manager under Step No. the Association shall jointly grievance committee may submit the grievance to the Board of Conciliation and ArbitrationPresident or his designated representative, Boston, Massachusetts, for disposition in accordance who shall meet with the applicable rules grievance committee and such other persons as Manage- ment may desire within ten (10) working days to consider the grievance. The Union has the right to have either the or the Union representative who handled the griev- ance attend the third (3rd) step grievance meeting. At this stage, they may be accompanied by a full time representative of said Board. the Union if his presence is requested by either the grievance committee or the Company. The President or his designated representative will render his decision in writing within five (35) The working days following such meeting. If final settlement of the grievance is not reached at Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, then the grievance may be referred in writing by either party to an Arbitrator as provided in Article below at any time within thirty (30) calendar days after the decision is given under Step No. and if no such written request for arbitration is received within the time limits, then it shall state be deemed to have been abandoned. Group grievances shall commence with the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority Second Step of the arbitrator shall be limited Grievance Procedure, with strict adherence to the provisions terms of this Agreement and the Second Step of the Grievance Procedure. Policy grievances, a Union claim that a cessation of work constitutes a lockout, or grievances dealing with suspension or discharge shall commence with the Third Step of the Grievance Procedure, with strict adherence to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any terms of the terms Third Step of the Grievance Procedure. In a grievance involving a suspension from work or provisions a discharge of this Agreement. an employee, such grievance meeting must be held within five (5) The decision days and the answer must be given within five (5) working days of such grievance meeting or the grievance will be settled in favour of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5grieving party. The time limits hereinbefore specified for foreseen at the bringing and processing various steps of a grievance hereunder the Grievance Procedure may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request consent in writing by the other for a reasonable extension of such time limitsboth parties.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 Within fifteen days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropri- ate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the Association is other party fails to nominate an Arbitrator, the grieving party may ask the appropriate Gov- ernment Agency to make the appointment. If the party filing a grievance does not satisfied with process it from one Step to the disposition next within the time limits set out above, then the grievance will be considered to have been dropped by the party institutingthe grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. 3 or if no decision has been rendered within and such grievance will be submitted directly to the Vice President, Operations Department, The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) working days after said meeting day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the par- ties such other evidence as is relevant to its determination of the Superintendentissues involved. In reaching its decisions, the AssociationArbi- tration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the aggrieved employee, provisions of this Agreement. The findings and decisions of the grievance may Board of Arbitra- tion on all arbitrable questions shall be submitted binding and enforce- able on the parties and the employees. I The expense of the Chairman of the Board shall be borne equally by the parties to arbitration the Arbitration. It is the intention of the parties that the provisions the Article shall provide a method of adjusting grievances so that there shall be no suspension or interrup- tion of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust griev- ances in accordance with the following procedure: provisions in this Article. When an employee has given twelve (112) The request for arbitration may be made by consecu- tive months with no unsatisfactory conduct documentation on file, the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date company agrees it will not use such past documentation when addressing future discipline. Suspen- sions of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (55)days or more shall remain for eighteen (18) working days after the receipt of such notificationmonths, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed as described above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the Employer will, upon writ- ten request by the other employee, provide the employees' home store with a complete copy of their personnel file which may be viewed in the presence of the Store Manager. The Union acknowledges that the stewards have their regular duties to perform and that such persons will not leave their regular duties without receiving permission from the Store Manager or appointee, which permission will unreasonably withheld. The Company will compensate such ▇▇▇▇▇▇▇ at their regular straight time hourly rate for a reasonable extension of such time limitsspent servicing complaints grievances hereunder during their regular working hours within the store.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If the Association is not satisfied with the disposition A meeting will be convened within three (3) working days following receipt of the grievance with the grievance committee, the and a full-time Union representative together with such other persons, as management may desire. The management shall render its decision in writing within three (3) working days following the hearing at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting of the Superintendent, grievance procedure. If final settlement of the Association, grievance is not reached at Step No. and if the aggrieved employeegrievance is one which concerns the interpretation or alleged violation of this agreement, the grievance may be submitted referred by either party to a Board of Arbitration as provided in Article below at any time within ten working days after the decision is given under Step No. and if no such written request for arbitration is received within that time then the grievance shall be deemed to have been abandoned. It is understood that the management may submit to the Union any complaint with respect to the conduct of the Union, its officers and members or any complaint that a contractual obligation undertaken by the Union in this agreement has been violated. Any such complaint shall be delivered in writing to the Chairperson of the grievance committee where upon it shall be discussed at Step No. of the grievance procedure. Failing a satisfactory settlement within two (2) working days after the filing of such grievance, the Company may refer it to arbitration in accordance with Section (5) or more) in the following procedure: (1) The request for arbitration bargaining unit in regard to which an individual employee could not grieve or an alleged violation where a group of employees have signified to the Company an intention to grieve, may be made brought forward by the Association or by the Superintendent by notification Union Grievance Committee in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said at Step No. 3. (2) Within of the grievance procedure at any time within five (5) working days after the receipt circumstances giving rise to it occurred or originated and if such grievance is not settled to the mutual satisfaction of such notificationthe conferring parties, it may be referred to a Board of Arbitration in the Superintendent and the Association shall jointly submit same manner as the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority an individual employee. Any of the arbitrator shall be limited to the provisions of time set forth in this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder Article may be extended by mutual written agreement between the parties. Reasonable time extensions will be discussed and decided by the respective representatives given the level of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limitsgrievance procedure.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. 4 If In the Association event the grievance is not satisfied with settled at Step the disposition party having carriage of the grievance at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting shall request arbitration of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification giving notice in writing to the other party within fourteen ten (141O) working days after the date from delivery of the receipt by decision at step lo the Association Chief ▇▇▇▇▇▇▇, but not thereafter. If a request for arbitration is not so given within such ten (10) day period, the decision at Step shall be and binding upon both parties lo this Agreement and upon any employee involved. The notice to arbitrate shall contain the name and address of the final determination moving party's nominee to the Board. The recipient of the Superintendent made under notice shall within ten (10) days advise the procedure provided other party, in said Step Nowriting, of the name of its appointee to the arbitration board. 3. The two (2) Within five appointees so selected shall, as soon as possible, appoint a third person who shall be a chairman. If the two (52) working appointees fail to agree upon a chairman, within the time limit the Minister of Labour for Ontario shall, if requested within ten (10) days after from the receipt expiry date upon which the two (2) appointees are to appoint a chairman (but not thereafter), forthwith appoint a qualified person to be chairman. The arbitration board shall hear and determine the matter and shall issue a decision which shall be and binding upon the parties and upon any affected by it. The decision of such notificationthe majority shall be the decision of the arbitration board, but if there is no majority decision, the Superintendent decision of the chairman shall govern. The board of arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, alter, modify or amend any part of the Agreement, not to adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step of Article hereof. Each party hereto shall bear its own costs incidental to any such arbitration proceedings. The fees and charges of the Association chairman of the board of arbitration shall jointly submit be borne equally by the two (2) parties hereto. The time limits and other procedural requirements set out in this Article are mandatory and not merely directory. Therefore, failure to put a grievance to in writing at the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition proper step in accordance with the applicable rules requirements hereof shall be deemed a complete waiver and abandonment of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought grievance by the party requesting arbitration. (4) The authority griever. Any grievance not appealed from one step of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure to the next within the specified time shall be deemed to be abandoned. No matter may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore which has not properly been carried through all specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement previous steps of the Superintendent and grievance procedure within the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limitstimes specified.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If have a grievance the grievance shall, the five (5) days to in Article be reduced to writing and to the Shift Coordinator. The ▇▇▇▇▇▇▇ will the written grievance to Coordinator. The Shift Coordinator shall give the a soon possible but not than five (5) days such discussion. If the Association Coordinator's reply is not satisfied with satisfactory to the disposition the step must be taken within five (5) days Shift Coordinator's answer,but not The written grievance to above shall identify: the giving rise to the grievance; the section or sections of the to be Violated; the relief and be signed by the and by their ▇▇▇▇▇▇▇. At this step the grievance shall be presented to the Manager within the aforesaid five (5) days of of the Shift Coordinator's reply, but not thereafter. will be held held at a will be If such reply is not satisfactory to the of the step shall be within five (5) days the of to the of the committee, but not At step, the Union within the (5) days, notify the in writing of its to the of the at Step No. 3 or if no will place the Bargaining Committee be by the of the Union)and the of shall be to be at the of party. Company shall deliver its decision has been rendered in writing to of the Bargaining Committee within ten (10) working days after said meeting of such the the grievance is not at the carriage of the Superintendent, the Association, and the aggrieved employee, shall arbitration of the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification giving notice in writing to the other party within fourteen (1435) working days after the date of the receipt decisionat No. If a for arbitration is not so given within such thirty-five (35) day the decision at Step shall be and binding upon parties to this and upon any involved. notice to arbitrate contain the of the to the Board and shall also ofthe issues of the grievance to be with by the Association Board and the sought. party giving such notice shall be bound by the and shallbe at arbitration to the issues by the notice. The recipient of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within notice shall within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition other in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to name of appointeeto the provisions of this Agreement and to the question or questions which are submittedarbitrationboard The two appointeesso selected shall, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. within five (5) days of the appointment of the of them, appoint a third who shall be If the of the notice to appoint an arbitrator, or two appointeesfail to upon a the time the of Labour for Ontario shall, if the five (5) days expiry of the upon which the two to appoint a not appoint a qualified The arbitration board shall and the and shall issue a decision which shall be and upon the parties and upon any by it. The decision of the arbitrator the. majority shall be final and conclusively binding upon the Associationdecision of the arbitration board, but if thereis no majoritydecision, the Superintendent and the aggrieved employee. (6) decision ofthe shall The expenses of arbitration Arbitration shall not be shared equally authorized to make any decision inconsistentwith provisions ofthis Agreement, nor to alter, amendany part of this to adjudicate any not assigned to it by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.the

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 The aggrieved employee and/or the ▇▇▇▇▇▇▇ may submit the written ▇▇▇▇- ▇▇▇▇▇ to the Personnel Officer. At this stage they shall be accompanied by an officer of the Union if requested by either party. If the Association is not satisfied with the disposition final settlement of the grievance at Step No. 3 or if no decision has been rendered within ten is not completedwithin seven (107) working days after said meeting the submission to the Per- sonnel Officer, and if the grievance is one which concerns the interpretation or alleged violation of this Agreement, the grievanceshall at the request of the Superintendent, the Association, Union and the aggrieved grieving employee, or at the request of the Employer, be refer- red to a Board of Arbitration as pro- vided in Article below at a time within twenty-one (21) working days after the Personnel Officer has re- sponded to the grievance, but no later. Any of the time allowances set out in this Article may be extended by mutual agreement. If the Employer fails to reply to a ▇▇▇▇- ▇▇▇▇▇ within the prescribed time limits in any step of the grievance procedure, the grievance may be submitted processed to arbitration the next higher step followingthe expiry of the time limit in accordance question. If a grievance is not processed to next higher step or to Arbitration with- in the prescribed times, the grievance shall be deemed to be abandoned. An employee covered by this Agree- ment who is called to appear before a Superintendent or Assistant Superin- tendent to interviewed concerning any matter which might reasonably be anticipated to result in the disciplineor discharge of the employee, shall be accompanied by a ▇▇▇▇▇▇▇ and a mem- ber of the Union Executive. It is agreed that an employee working the to midnight shift will not be called to the office to be interviewed under this clause before noon if he has worked the said shift on the day before such interview. The Recording Secretary of the Union shall receive a copy of any written reprimand given to an employee. Referenceto previous reprimands shall be included in this letter, along with the issued. Employees may, on written request to the Personnel Officer, review their per- ▇▇▇▇▇ files. Such reviews must be made in the presence of a member of Per- sonnel Services staff at a time mutually arranged between the' Personnel Ser- vices Department and the employee concerned during normal business hours. The employee may be accom- panied by a Union Officer if requested by either party. An employee's record shall be destroyed when an employeemaintains a clear record for a period of two (2) years following procedure: a suspension, written warning, or receipt of final warning. Both parties to this Agreement agree that any dispute or grievance concern- ing the interpretation or alleged ▇▇▇▇▇- tion of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will be referred to a Board of Arbitration at the request of either of the parties hereto. The Board of Arbitration will be com- posed of one (1) The request for arbitration may be made person by the Association or Employer, one person appointed by the Superintendent by notification in writing Union, and a third person to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request act as Chairman chosen by the other for a reasonable extension of such time limits.two

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. 4 If the Association is not satisfied with the disposition of the grievance at Failing settlement under Step No. 3 and within then days following the decision under Step No. of any difference between the parties arising from the interpretation, application, administration or if no decision has been rendered within ten (10) working days after said meeting alleged violation of the SuperintendentAgreement, the Associationincluding any question as to whether a matter is arbitrable, and the aggrieved employeesuch difference or question be taken to arbitration, the grievance may be submitted to arbitration provided in accordance with the following procedure: (1) The Article If no written request for arbitration is received within ten 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 Article may at any time be made extended by agreement between the Association Company and the Union. All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee or by employees concerned. ARTICLE ARBITRATION Whenever either party to the Superintendent by notification in writing Agreement submits a grievance to arbitration, written notice shall be given to the other party within fourteen (14) working days after formally stating the date subject of the receipt by grievance and the Association Agreement clause allegedly violated, and at the same time appointing a to the board of the final determination of the Superintendent made under the procedure provided in said Step Noarbitration. 3. (2) Within five (5) working seven days after the receipt of such notificationnotice, the Superintendent other party shall appoint a nominee. The nominees shall, within five days, appoint a third person who shall be Chairperson of the Arbitration Board. If either party requests, and it is mutually agreed, a single Arbitrator may be used. If the Association two nominees or the parties fail to agree upon a Chairperson or single Arbitrator within the time limit, The Minister of Labour will be requested to appoint Chairperson or Arbitrator. As soon as the Arbitration Board has been completed by the selection of a Chairperson or the selection of an Arbitrator, it shall jointly submit meet and hear the evidence and representations of both parties, and shall render a decision as soon as possible. In matters of discipline or discharge the parties agree to the use of a single Arbitrator. No person shall be selected as an arbitrator who has been directly involved in attempts negotiate or settle the grievance. No grievance shall be considered by the Arbitration Board or Arbitrator unless it has been properly carried through all previous steps of the grievance procedure. The Arbitration Board or Arbitrator shall not have jurisdiction to the Board alter or change any of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and Agreement, or to the question substitute any new provisions in lieu thereof, or questions which are submitted, provided, however, that the arbitrator shall not have to give any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of decisions inconsistent with the terms or and provisions of this Agreement. (5) The decision , or to deal with any matters not covered by the Agreement. In the case of a successful grievance involving the suspension or discharge of an employee, the Arbitration Board or Arbitrator shall be empowered to award full or partial reimbursement, or other adjustment that may be deemed fair and reasonable under the circumstances. ARTICLE ARBITRATION Each of the arbitrator shall be final and conclusively binding upon parties hereto will bear the Associationexpenses of the nominee appointed by it, the Superintendent and the aggrieved employee. (6) The parties will jointly bear the expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement Chairperson of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limitsArbitration Board or Arbitrator, if any.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If An employee may present a to Management's representative at the Association second step when the decision rendered by representative at the first step is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered satisfactory to within ten (10) working days after said meeting that decision has been conveyed in writing to Management's shall reply to the grievance within seven (7) days after the grievance is presented. Management's representative at Step No. is the appropriate Director. An may present a grievance to representative at the third step when the decision rendered by Management's representative at the step is not satisfactory to him within ten (10) days that decision has been con- veyed in writing to Management's representative at Step No. is the Executive Director or his representative. representative at Step No. shall reply to an employee's grievance within seven (7)days after the grievance is presented in accordance with Clause A grievance arising between the Corporation and the the interpretation, application or alleged violation of this shall be In the case of the Superintendentsuch a grievance shall be to the Corporation's designated representative at Step No. of the grievance within (15) days the date on which it becomes aware of the circumstances giving rise to the grievance. In the case of the Corporation, such a grievance shall be presented to the 5) days of the on which it becomes aware of the circumstances rise to the grievance. When such a is received by either party, a shall be convened between Public of Canada representatives of the two (2) parties within ten days in effort to resolve the issue in dispute. settlement within fifteen 5) days of the date on which the grievance was submitted, the Associationgrievance m y be to arbitration, and as hereinafter provided. The parties that such a grievance shall not be to circumvent the aggrieved normal grievance procedure. When an employee has been represented by the Alliance in the presentation of his grievance, the Corporation provide the appropriate representative of the with a copy of the Corporation's decision at each step of the grievance procedure at same time that the Corporation's decision is to the employee. When the Corporation discharges an employee, the grievance procedure shall as follows: the grievance may be submitted presented at the Final Step only, within ten days following discharge; and the seven (7) day time limit within which the Corporation to arbitration reply at the Step is extended to twenty (20) days. An employee may, by written notice to the Management representative his grievance, abandon the grievance. Failing a reply from the Employer within the time limits specified at any step, the employee may, within the next ten (10) days, the grievance to the next higher step of the procedure. Any employee who to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits. A of an employee shall not be to be by reason only of the it is not in accordance with the following procedure: (1) The request for arbitration may be made form supplied by the Association or by Corporation. In determining the Superintendent by notification in writing time within which any action is to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt of such notificationbe taken as prescribed m this procedure, the Superintendent Saturdays, Sundays and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator Holidays shall be limited to the provisions of this Agreement and to the question or questions which are submittedexcluded, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder stipulated in this Article may be extended by mutual agreement of agreement, between the Superintendent Corporation and the Association. The Superintendent employees, and where appropriate, the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limitsAlliance.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If the Association written reply is not satisfied with satisfactory to the disposition Union, then there shall be a meeting within five (5) days of receipt of the grievance at Step Nowritten reply. 3 or if no decision has been rendered within ten (10) working days after said The meeting will include the a Union committee, a full-time representative of the SuperintendentUnion, if requested by either party, the Association, supervisor and the aggrieved employee, the grievance may Chief Executive Officer or designate. A written decision shall be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing given to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after following this meeting. If this decision does not resolve the grievance then any request for arbitration must be made within five (5) days following receipt of such notification, the Superintendent and written decision by the Association shall jointly submit No matter may proceed to arbitration without being properly carried through the steps of the grievance procedure as outlined above. Any grievance alleging unjust discharge or suspension shall be treated as a special grievance if it is placed in writing, dated and signed and presented directly to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. Chief Executive Officer or designate within three (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority working days of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any occurrence at Step of the terms or provisions of this Agreement. (5) grievance procedure. The decision matter shall proceed from there, including arbitration if necessary. Toronto Zoo Local 7600-Main Any of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder set out above may be extended by mutual agreement between the parties involved. For purposes of this article, working days shall be Monday to Friday inclusive. Copies of all written replies Management related to any step of the Superintendent grievance procedure, shall be forwarded to the Secretary of the Union. A copy will also be sent to the Chief Shop ▇▇▇▇▇▇▇. It is understood by both the Union and Management that they may mutually agree to refer a grievance to mediation prior to proceeding to arbitration. It is understood that the costs of the mediation will be on an equal cost-sharing basis. Where a difference arises between the parties relating to the interpretation, application or administration of this Collective Agreement, including any question as to whether a matter is arbitrable, or when an allegation is made that this Collective Agreement has been violated, either of the parties may, after exhausting the grievance procedure, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the Associationnotice shall contain the name of the first party's suggestion for an arbitrator. The Superintendent and recipient of the Association notice shall, within five (5) days inform the other party of the name of its suggestion of an arbitrator. Either party may request the Ministry of Labour for Ontario to appoint an arbitrator under Section of the Labour Relations Act of Ontario, or other sections of the Act as may be applicable from time-to-time, in order to expedite the settlement of any grievance. If the recipient of the notice fails to suggest an arbitrator or if the parties fail to agree not to unreasonably withhold assent to upon an arbitrator within the five (5) day limit, the appointment of an arbitrator shall be made by the Ministry of Labour for Ontario upon the request of either party. The arbitrator shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties affected by it. If either party requests that a board of arbitration be used instead of an arbitrator, then a board shall be set up. The payment of and powers of an arbitrator or a board of arbitration shall be as outlined in the other for Ontario Labour Relations Act, The decision of the arbitrator or the board of arbitration shall be final binding and enforceable on all parties. The board of arbitration or the arbitrator shall not have the power to change this agreement or to alter, modify or amend any of its provisions. However, the board of arbitration or the arbitrator shall have the power to dispose of a reasonable extension of such time limitsgrievance by any arrangement which it deems just and equitable.

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If The ▇▇▇▇▇▇▇ shall deliver to the Association is not satisfied with the disposition Director, Security Services or his designate, a copy of the written grievance at referred to under the heading Step No. A grievance with respect to discharge shall be delivered to the aforesaid officer within five (5) days of the discharge grieved. Within seven (7) days from receipt of the written grievance by the Director, Security Services or his designate, or within such longer period as the Employer and the Union may agree on, a joint composed of three ( 3 ) Union representatives designated by the Union, along with the Employer representatives, shall meet and attempt to settle the grievance. Should the grievance not be settled by the said joint within seven (7) days of its first or within such longer period as the Employer and the Union may agree on, and if no decision has been rendered it one which concerns the interpretation, application, administration violation of this Agreement, then Article may be Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) working days after said meeting the Employer’s decision has been rendered at Step No. of the Superintendentgrievance procedure. Where the matter is so referred, the Association, and Mediation process shall take place before the aggrieved employee, matter is referred to Arbitration. Grievance Mediation will within twenty-one days of the grievance being submitted to Mediation. The Grievance Mediation process is without prejudice to any position either party may take should the matter be referred to Arbitration. No matter may be submitted to arbitration Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in accordance with the following grievance procedure: (1) . The request Mediator will be from Independent Mediation Services and must be able to the grievance mediation within the time set out in unless the parties mutually agree to extend the time periods for arbitration may such Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by the Association or by the Superintendent by notification in writing either party. If possible, an agreed statement of facts will be provided to the other party within fourteen (14) working days after the date Mediator, and if possible, in advance of the receipt by Grievance Mediation Conference. The Mediator will have the Association authority to meet separately with any but will not have the authority to compel the resolution of the final determination of the Superintendent made under the procedure provided in said Step Noa grievance. 3. (2) Within If no settlement is reached within five (5) working days after the receipt of such notificationfollowing Grievance Mediation, the Superintendent and the Association shall jointly parties are free to submit the grievance matter to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition Arbitration in accordance with Article In the applicable rules of event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought done by the party requesting arbitration. (4) Mediator may be referred to at Arbitration. The authority Union and the Employer will share the cost, if any, of the arbitrator shall Mediator. Notwithstanding Article Saturdays, Sundays and holidays are to be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration counted in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Associationmediation. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.OS Arbitration

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If the Association is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered The Union Grievance Committee shall meet within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days with management to consider the grievance. At this stage, they may be accompanied by a representative of the International Organization. A technical error in the written submission will not cause annulment of the grievance. If final settlement of the grievance is not completed within seven (7) working days after the receipt 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 shall be binding on both parties. The Arbitrator shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision 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 notificationfirst oral discussion, either the Superintendent 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 Association International Union of the United Steelworkers of America accompanied if he so desires by a Grievance Committee to discuss the matter. The decision of the party to whom the matter was first submitted shall jointly submit be given within seven days after such meeting. In the grievance to event that any difference concerning the Board of Conciliation and Arbitrationinterpretation, Bostonapplication or non-application, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged or violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority been satisfactorily settled under the foregoing provisions, the matter may then, by notice in writing given by one party to establish wage rates nor to add tothe other, subtract from, modify or otherwise change any within fifteen working days from the giving of the terms or provisions of this Agreement. (5) The decision of the arbitrator 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 working days the expiry of such seven 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 final and conclusively binding upon handled as follows: A group grievance shall be presented at Stage Two by a minimum of two employees, accompanied by the Associationappropriate number of Stewards or Grievance Committeemen. A grievance affecting the entire department, or the plant as a whole, may be taken up by the Union at Stage Three of the Grievance Procedure. If a satisfactory solution is not reached, the Superintendent matter may be processed, including arbitration. Grievances processed under this section shall comply with the time limits set out above. Saturdays, Sundays and holidays shall not be counted in determining the aggrieved employee. (6) The expenses time within which any action is to be taken in each of arbitration shall the foregoing stages. Any and time limits fixed by this Article may, at any time, be shared equally extended by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent Company and the Association, a 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 otherwise subject to the grievance procedure alleging unjust discipline or discharge may be submitted directly referred to arbitration a single arbitrator as outlined in Where an arbitrator determines that a penalty or discharge excessive he or she will have the manner prescribed above. 5. The time limits hereinbefore specified power to substitute such other penalty for the bringing or discharge as he or she considersjust and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.in all

Appears in 1 contract

Sources: Collective Agreement

Step No. 4 If the Association grievance is not satisfied with settled at Step the disposition Nurse and/or a representative of the grievance at Step No. 3 Association may, within ten (10) working days of the date of receiving the answer of the Director of Nurses (or if no decision has been rendered answer is received under Step within ten (10) working days after said meeting such answer ought to have been received) refer the grievance to the Medical Officer of Health or the nominee of the Superintendent, the Association, Medical Officer of Health and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification that officer shall give a decision in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the of receipt of such notificationthe grievance. Prior to the Medical Officer of Health (or his nominee) providing an answer hereunder, there shall be a meeting between the Superintendent Employer and the Association at which an Employment Relations Officer from the Association shall jointly submit attend in order to discuss and attempt to resolve the grievance. In the case of a Policy Grievance, the time limit for such decision shall be thirty (30) calendar days from the time of receipt of the grievance, If the grievance is not settled at Step No. then the Association may refer the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The arbitration. If no written request for arbitration is received within fifteen (15) working days after the final decision is given or after the final decision should have been given, the grievance shall state be deemed to have been settled. Any of the alleged violation time allowances provided above may be extended by mutual agreement between the parties. The Employer will pay such Association representatives at their respective salaries for all regular time lost in the investigation or processing of grievances. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within five (5) days inform the other party of the name of its appointee to the Arbitration Board. The two ( 2 ) appointees so selected shall, within five ( 5 ) days of the appointment of the second of them, appoint a third (3rd) person who the Chairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two ( 2 ) appointees fail to agree upon a Chairman within the time limit, the appointment shall be made by the Minister of Labour of the Province of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall state issue a decision, and the remedy or decision shall be final and binding upon the relief sought parties and upon any Nurse affected by the party requesting arbitration. (4) it. The authority decision of the arbitrator shall be limited to majority the provisions decision of this Agreement and to the question or questions which are submittedArbitration Board, provided, however, that but if there is no majority the arbitrator decision of the Chairman governs. The Arbitration Board shall not have any authority to establish wage rates nor to add to, subtract from, modify alter or otherwise change any of the terms or provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement. (5) The decision , or in any way modify, add to or detract from any provision of this Agreement. Each of the arbitrator shall be final parties to this Agreement will pay the fees and conclusively binding upon disbursements of its appointee to the AssociationArbitration Board, and will share equally the fees and disbursements of the Chairman. In the event that a Nurse is suspended or discharged and it is considered that an injustice has been done, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall matter may be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, taken up as a grievance otherwise subject to at Step No. of the grievance procedure Grievance Procedure. Notwithstanding any other provisions of this Agreement grievances may be submitted directly to arbitration settled by confirming the Employer’s action or by any other arrangement which is just and equitable in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement opinion of the Superintendent and parties or the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension Board of such time limitsArbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. 4 Within two working days after the Coor- dinator has delivered his written decision to the Zone ▇▇▇▇▇▇▇ and the Chief ▇▇▇▇▇▇▇, the following procedure will be followed: The grievance shall be considered at a meet- ing of the Union Grievance Committee and if unresolved, shall be taken up at a meeting between the Zone ▇▇▇▇▇▇▇ and the with the Department Manager, the Co-ordinator. If the Association Grievance is not satisfied settled within working days, or within any longer period which may be mutually agreed upon at the time, after the Grievance Committee has met with the disposition Management, then the ▇▇▇▇- ▇▇▇▇▇ shall be taken up as follows: Manufacturing Manager, Human Resources Manager, an Department Manager. At this meeting the Business Agent of the Union or his nominee may be present if his presence is requested by either the Compa- ny or the Union. If the grievance is not there settled to the satisfaction of both parties within a period of two (2) working days or within any longer period as may be mutual- ly arranged at Step Nothe time, then at the request of either party to this agreement the ▇▇▇▇- ▇▇▇▇▇ may be referred to arbitration. 3 or if no decision has been rendered All times as set out in the Grievance Procedure and Arbitration may be extended by mutual agreement between the Company and the Union, in writing. If arbitration is to be invoked, the request for arbitration must be made in writing within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the ▇▇▇▇- ▇▇▇▇▇ has been dealt with in Step No. When either party requests that a grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification they shall make such requests in writing addressed to the to other party to this agreement. Within ten working days the party who initiated the grievance shall submit a letter to the other party within fourteen (14) working days after the date name and ad- dress of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step Noits nominee to arbitration hoard. 3. (2) Within With five (5) working days after thereafter the receipt other shall respond in a letter giving the and address of its nominee to the arbitration board. two arbitrators so nominated shall within working days, and if within working days they fail the grievance. they shall attempt to Chairman of an Arbi- tration Hoard. If they are unable to agree upon such notificationa within further peri- od of YO days they then request the Minister of for the Province of Ontario to assist them in selecting an impar- tial ▇▇▇ who has involved in an attempt to negotiate or settle the grievance. of the parties hereto will bear the ex- penses of the appointed by it, the Superintendent and the Association shall parties will jointly submit hear the expenses of the Chairman of the Board, if any No be submitted to arbitration has not been properly carried through previous steps of the grievance proce- dure. The Arbitration Board shall not he author- ized to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance make any decision inconsistent with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, that the arbitrator shall not have any authority to establish wage rates agreement nor to add to, subtract fromalter, modify or otherwise change amend any part of this agreement. When a grievance which affects an employ- ee's pay is settled, the settlement may be made retroactive for a period as agreed to by the conferring parties or by a majority deci- sion of a Board of Arbitration, but in no case will the settlement be made retroactive for a period greater than two months prior to the last date on which the grievance was pre- sented in writing to the Company. The proceedings of the terms or provisions of this Agreement. (5) The Arbitration Board will be expedited by the parties hereto, and the decision of the arbitrator shall majority of such Board will be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses parties hereto. At any stage of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure in- cluding arbitration, the conferring parties may be submitted directly to arbitration in have the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement assistance of the Superintendent employee or employees concerned and any necessary wit- nesses, and all reasonable arrangements will be made to permit the Association. The Superintendent and the Association agree not conferring parties to unreasonably withhold assent have access to the request by plant to view disputed operations and to confer with the other for a reasonable extension of such time limitsnecessary witnesses.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. 4 If the Association is Union and the Company cannot satisfied reach a settlement, either party may, within thirty (30)calendar days of the reply given in Step No. submit the grievance to Arbitration by nominating an Arbitrator. These time limits may be extend- ed, with mutual agreement. Within fifteen (15) days thereafter, the disposition other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate GovernmentAgency. No person involved directly in the con- troversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitra- tor, the grieving party may ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not processit from one Step to the next within the time limits set out then the grievancewill be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Proce- dure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. 3 or if no decision has been rendered within and such grievance will be submitted directly to the Vice President, Operations Department. The Union Business Representative and the Company Re- gional Director may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) working days after said meeting day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the par- ties such other evidence as is relevant to its determination of the Superintendentissues involved. In reaching its decisions, the AssociationArbitration Board shall be governed by the provisions of this Agree- ment, and shall have no authority to alter, amend, or change the aggrieved employee, provisions of this Agreement. The findings and decisions of the grievance may Board of Arbitra- tion on all arbitrable questions be submitted binding and enforce- able on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to arbitration the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interrup- tion of normal operations as a result of any grievance. The parties shall act in good faith in proceeding griev- ances in accordance with the following procedure: (1) The request for arbitration may provisions in this Article. be made by viewed in the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date presence of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step NoStore Manager. 3. (2) Within five (5) working days after the receipt of such notification, the Superintendent and the Association shall jointly submit the grievance to the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The request for arbitration shall state the alleged violation of this Agreement and shall state the remedy or the relief sought by the party requesting arbitration. (4) The authority of the arbitrator shall be limited to the provisions of this Agreement and to the question or questions which are submitted, provided, however, Union acknowledges that the arbitrator shall stewards have their regular duties to perform and that such persons will not have any authority to establish wage rates nor to add toleave their regular duties without receiving permission from the Store Manager or appointee, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. (5) The decision of the arbitrator shall which permission will not be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, a grievance otherwise subject to the grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5unreasonably withheld. The Company will compensate such ▇▇▇▇▇▇▇ at their regular straight time limits hereinbefore specified hourly rate for time spent servicing complaints or grievances hereunder during their regular hours within the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limitsstore.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Step No. 4 If the Association is not satisfied with the disposition of the grievance at Step No. 3 or if no decision has been rendered within ten (10) working days after said meeting of the Superintendent, the Association, and the aggrieved employee, the grievance may be submitted to arbitration in accordance with the following procedure: (1) The request for arbitration may be made by the Association or by the Superintendent by notification in writing to the other party within fourteen (14) working days after the date of the receipt by the Association of the final determination of the Superintendent made under the procedure provided in said Step No. 3. (2) Within five (5) working days after the receipt decision is given at Step No. the aggrieved employee, accompanied by the representative of the Union, shall meet as promptly as possible with the Chief Executive Officer and such notificationpersons as Management may desire, to consider the Superintendent and the Association shall jointly submit grievance. The Chief Executive Officer will render his decision in writing within ten working days following such meeting. If final settlement of the grievance is not reached at Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, then the grievance may be referred in writing by either party to Arbitration as provided in Article below at any time within fifteen (15) calendar days after the Board of Conciliation and Arbitration, Boston, Massachusetts, for disposition in accordance with the applicable rules of said Board. (3) The decision is given under Step No. If no such written request for arbitration Arbitration is received within the time limits, then it shall state the be deemed to have been abandoned. A Union policy grievance, which is defined as an alleged violation of this Agreement and shall state concerning all or a substantial number of the remedy or employees in the relief sought bargaining unit, in regard to which an individual employee could not grieve, may be lodged by the party requesting arbitration. (4) The authority Union in writing with the President and CEO at Step No. of the arbitrator grievance procedure at any time within five (5) full working days after the circumstances giving rise to such grievance occurred or originated, and if it is not satisfactorily settled it may be processed to Step No. and to arbitration in the same manner and to the same extent as the grievance of an employee. The time limits fixed in the grievance procedure may be extended with the consent of the parties of this Agreement. Union or stewards will be allowed to process grievances on Corporation time with no loss of pay to the extent outlined in Article Clause Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will upon the written request of either of the parties hereto, be referred to a Board of Arbitration or Single Arbitrator. The Board of Arbitration will be composed of one (I) person appointed by the Corporation, one (1) person appointed by the Union and a third person to act as Chairman chosen by the other two (2) members of the Board. Within three (3) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. Should the person chosen by the Corporation to act on the Board, and the person chosen by the Union, fail to agree on a third person within seven (7) days of the notification mentioned in above, the Federal Minister of Labour will be asked to nominate a person to act as Chairman. A Single Arbitrator will be chosen in accordance with the Canada Labour Code. The decision of a Single Arbitrator or Board of Arbitration, or a majority thereof, constituted in the above manner shall be limited binding on both parties. The Single Arbitrator or Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement and or to the question or questions which are submittedsubstitute any new provisions for any existing provisions, provided, however, that the arbitrator shall not have any authority to establish wage rates nor to add to, subtract from, modify or otherwise change give any of decision inconsistent with the terms or and provisions of this Agreement. (5) The decision . Each of the arbitrator parties to this Agreement will bear the expenses of the Arbitrator appointed by it; and the parties will jointly bear the expenses, if any, of the Chairman, or Single Arbitrator. A claim by an employee who has completed the probationary period that she has been discharged or disciplined without cause shall be final and conclusively binding upon the Association, the Superintendent and the aggrieved employee. (6) The expenses of arbitration shall be shared equally by the Committee and the Association. 4. By mutual agreement in writing between the Superintendent and the Association, treated as a grievance otherwise subject to if a written statement of such grievance is lodged with the General Manager within three (3) full working days after the employee has been discharged or disciplined. Such special grievance procedure may be submitted directly to arbitration in the manner prescribed above. 5. The time limits hereinbefore specified for the bringing and processing of a grievance hereunder may be extended by mutual agreement of the Superintendent and the Association. The Superintendent and the Association agree not to unreasonably withhold assent to the request by the other for a reasonable extension of such time limits.settled by:

Appears in 1 contract

Sources: Collective Bargaining Agreement