Common use of STEP Clause in Contracts

STEP. The party desiring Arbitration shall appoint a member for the Board and notify the other party in writing of its appointment. The party receivingthe notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Labour Relations Boardto appoint a nominee on behalf of such party. The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Labour Relations Board. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authorityto alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regardingthe rate of pay for a newly established or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays. If any statement is to be put into an employee's personnel file, a copy of same will be given to the employee with a copy to the Union within thirty (30) days of the event giving rise to the statement. In any case one (1) year from the date of occurrence such statement shall be deleted from the employee's file.

Appears in 1 contract

Sources: Collective Agreement

STEP. The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment. The party receivingthe receiving the notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Minister of Labour Relations Boardto to appoint a nominee on behalf of such party. The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Labour Relations BoardMinister of Labour. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses which the employee has incurred in order to earn the wages so deducted. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authorityto authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between betweenthe parties, regarding the parties regardingthe rate of pay for a newly established established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays. If any statement is to be put into an employee's personnel file, a copy of same will be given to the employee with a copy to the Union within thirty (30) days of the event giving rise to the statement. In any case one (1) year from the date of occurrence such statement shall be deleted from the employee's file.

Appears in 1 contract

Sources: Collective Agreement

STEP. The party desiring Arbitration shall appoint a member for the Board and notify the other party in writing of its appointment. The party receivingthe notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Labour Relations Boardto appoint a nominee on behalf of such party. The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Labour Relations BoardMinister of Labour. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses which the employee has incurred in order to earn the wages so deducted. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authorityto authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regardingthe parties, regarding the rate of pay for a newly established established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays. If any statement is to be put into an employee's personnel file, a copy of same will be given to the employee with a copy to the Union within thirty (30) days of the event giving rise to the statement. In any case one (1) year from the date of occurrence such statement shall be deleted from the employee's file.

Appears in 1 contract

Sources: Collective Agreement

STEP. The party desiring Arbitration shall appoint a member for the Board and notify the other party in writing of its appointment. The party receivingthe notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Labour Relations Boardto appoint a nominee on behalf of such party. The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Labour Relations BoardMinister of Labour. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all a l l his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement or the period of improper layoff or the period of improper recall then the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, less any expenses which the employee has incurred in order to earn the wages so deducted. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authorityto authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regardingthe parties,, regarding the rate of pay for a newly established established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays. If any statement is to be put into an employee's personnel file, a copy of same will be given to the employee with a copy to the Union within thirty (30) days of the event giving rise to the statement. In any case one (1) year from the date of occurrence such statement shall be deleted from the employee's file.

Appears in 1 contract

Sources: Collective Agreement

STEP. The party desiring Arbitration shall appoint a member for the Board and notify the other party in writing of its appointment. The party receivingthe notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Labour Relations Boardto appoint a nominee on behalf of such party. The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Labour Relations Board. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authorityto authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regardingthe regarding the rate of pay for a newly established or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the seventy-two (72) hours to be exclusive of Saturdays, Sundays or General Holidays. If any statement is to be put into an employee's personnel file, a copy of same will be given to the employee with a copy to the Union within thirty (30) days of the event giving rise to the statement. In any case one (1) year from the date of occurrence such statement shall be deleted from the employee's file.

Appears in 1 contract

Sources: Collective Agreement

STEP. The party desiring Arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment. The party receivingthe receiving the notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Minister of Labour Relations Boardto to appoint a nominee on behalf of such party. The Arbitrators so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Labour Relations BoardMinister of Labour. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, a Sole Arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. If the Arbitration Board finds that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, suspension or improper layoff had not taken place. If an Arbitration Board finds circumstances which in the opinion of the Arbitration Board makes it just and equitable may order the Employer to pay less than the full amount of wages lost. The Board of Arbitration shall not have any jurisdiction or authorityto authority to alter or change any of the provisions of this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regardingthe parties, regarding the rate of pay for a newly established established, or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee and the parties will equally bear the expenses of the Chairman. Any discharged or suspended employee, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, the reasons for his discharge or suspension, with a copy to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Board. Time shall be of the essence and the seventy-two The (72) hours to be exclusive of Saturdays, Sundays or General Holidays. If any statement is adverse statements are to be put into an employee's ’s personnel file, a copy of the same will be given to the employee with a copy sent to the Union within thirty (30) days of the event giving rise to the adverse statement. In any case one (1) year from the date of occurrence such statement shall be deleted from the employee's file.

Appears in 1 contract

Sources: Collective Agreement

STEP. The party desiring Arbitration shall appoint a member for the Board and notify the other party in writing of its appointment. The party receivingthe notice shall within seven (7) days thereafter, appoint a member for the Board and notify the other party of its appointment. Failure to appoint their nominee, by either party, the other party who has appointed their nominee shall apply to the Labour Relations Boardto appoint a nominee on behalf of such party. The Arbitrators arbitrator so appointed shall confer to select a third person to be Chairman and failing for five (5) days from the appointment of the second of them to agree to a person willing to act, either of them may apply to the Labour Relations BoardBoard to appoint a third member. Notwithstanding the foregoing provisions respecting the establishment and jurisdiction of an Arbitration Board, if the parties agree, agree that a Sole Arbitrator sole arbitrator shall be chosen to act in the same capacity and having the same powers as a Board of Arbitration. Such sole arbitrator shall be chosen by mutual agreement between the parties. If the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been suspended or discharged without proper cause or improperly laid off, that employee shall be reinstated by the Employer without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the discharge, discharge or suspension or improper layoff had not taken place. If an , provided that it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement or improper layoff the amount so received shall be deducted from wages payable by the Employer pursuant to this clause, and provided that the Arbitration Board finds Board, if circumstances are established before it, which in the opinion of the Arbitration Board Board, makes it just and equitable may to do so, shall have the right to order the Employer to pay less than the full amount of wages lostlost or to pay no lost wages at all. The Board of Arbitration shall not have any jurisdiction or authorityto authority to alter or change any of the provisions of this Agreement, or to substitute any new provisions in this Agreement, or to give any decision inconsistent with the terms of this Agreement, except where there is a dispute between the parties regardingthe rate of pay for a newly established or altered classification not provided for herein, or a dispute under herein, or a dispute under the Welfare Plan, the Board of Arbitration or Sole Arbitrator shall have the power to deal with such matters and bring down a final and binding award. Each of the parties hereto will bear the expenses of their nominee the Arbitrator appointed by it, and the parties will equally bear the expenses expenses, if any, of the Chairman. The decision of the Arbitration Board shall be final and binding upon the parties. disputes arising between the Employer and the Union shall be submitted to this Grievance Procedure and there shall be no strike, work stoppage, or other interruption of the Employer's business or no lockout during the term of this Agreement. Any discharged or suspended employeeemployee may, within seventy-two (72) hours of his discharge or suspension, shall be given by the Employer, in writing, require the Employer to give reasons for his discharge or suspension, with a copy and the Employer will give such reasons to be sent to the Union. In the event of any dispute or difference as to whether or not there was proper cause for the discharge or suspension of an employee, only the reasons so set forth in writing shall constitute cause to be argued before an Arbitration Boardwithin (72) hours of such request. Time shall be of the essence and the seventy-two The (72) hours to be exclusive of Saturdays, Sundays or General and Holidays. If any statement is adverse statements are to be put into an employee's personnel file, a copy of same will be given to the employee with a copy to the Union within thirty (30) days of the event giving rise to the statement. In any case one (1) year from the date of occurrence such statement shall be deleted from the employee's file.twenty

Appears in 1 contract

Sources: Collective Agreement