Common use of ADJUSTMENT OF GRIEVANCES Clause in Contracts

ADJUSTMENT OF GRIEVANCES. It is the mutual desire of the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, an opportunity to adjust his complaints. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one of the employees and his employer covered by this involving the inter- pretation, application, administration, or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first be taken by the employee and his xxxxxxx directly to the Xxxxxxx and/or his representative for adjustment without undue delay but, in any event, not more than three days immediately following the occurrence or event giving rise to the complaint. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative with the Superintendent within three days from the end of the three day period in Stage and failing a satisfactory adjustment within five days, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Article.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

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ADJUSTMENT OF GRIEVANCES. It is Either the mutual desire of Company, the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an Union or any employee has no a right to lodge a grievance until he has first given the xxxxxxx, or his representative, an opportunity with respect to adjust his complaints. A grievance under the provisions any matter arising out of this Agreement is defined to be any difference including concerning the degree or extent of disciplinary action between the parties or between any one of the employees and his employer covered by this involving the inter- pretationinterpretation, application, administration, application or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first The parties agree that all grievances should be taken by dealt with as quickly as possible. No grievance shall be considered where the employee and his xxxxxxx directly to the Xxxxxxx and/or his representative for adjustment without undue delay but, in any event, not more than three days immediately following the occurrence or event circumstances giving rise to it occurred or originated more than sixteen (16) calendar days before the complaintfiling of the grievance. Grievances properly arising under this Agreement shall be processed and finalized as follows: Step No. The aggrieved employee shall discuss the grievance with supervisor. The employee shall have the assistance of xxxxxxx if the employee so desires. The supervisor shall give a decision within one (1) day following the discussion. If the complaint supervisor’s decision is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If satisfactory to the employee is on lay-offconcerned, commencing at Stage then the grievance may will be taken up Stage The matter reduced to writing and submitted at Step No. Step No. Within two (2) days after the decision is given at the Step No. the aggrieved employee may, with xxxxxxx and/or a Union Staff Representative, present the grievance (which shall be taken up reduced to writing on a form supplied by the Union Xxxxxxx and/or Union Representative Union) to the Human Resource Manager, who shall discuss it with the Superintendent within three persons presenting same. Within five (5) days from following the end discussion of the three day period grievance, a decision in Stage and failing writing will be given by the Human Resource Manager. If a settlement satisfactory adjustment within five daysto the employee concerned is not reached, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of grievance will proceed to Step No. provided that notification is given to the Company, or in writing, within twenty-one (21) days following the accredited representative or representatives receipt of the Step No. decision. Step No. If it is wished to appeal the Human Resource Manager’s decision, the xxxxxxx and/or a Union Staff Representative shall discuss the grievance in a meeting with the Plant Manager and other local Management personnel. Such meeting will be held within fifteen (15) days of or the accredited representative or representatives request and a decision will be given within five (5) working days of the Management. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Articlemeeting.

Appears in 1 contract

Samples: Collective Agreement

ADJUSTMENT OF GRIEVANCES. It is the mutual desire of the parties hereto, hereto that complaints of employees be adjusted as quickly as possible pos- sible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or to his representative, xxxxxxx an opportunity to adjust his complaintscomplaint. The Union shall arrange for the election from its working membership at each camp, by the members therein, of a Union Grievance Committee of three headed a Union Xxxxxxx who shall act as spokesman for that In the absence of the Xxxxxxx the Company will a delegated member of the Grievance Committee as spokesman. Immediately after an election, the Union Grievance Committee in the camp will notify the xxxxxxx in writing as to the names of the Union Xxxxxxx and the members of the Union Grievance Committee elected and the xxxxxxx will acknowledge in writing the receipt of such notice. The Company xxxxxxx shall not required to either the Union Xxxxxxx or the Union Grievance Committee until such time as this procedure is carried out. It is agreed that there shall be no discrimination exercised in any manner toward the Stewards or Union Grievance Committee men or other Union members. T O be eligible for election as Union Xxxxxxx an employee must have established seniority under Section of Article XII. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one of the Company and employees and his employer covered by this Agreement involving the inter- pretationinterpretation, application, administration, or alleged o r violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first Grievances as defined above may be taken by the employee and his xxxxxxx employee, by the Union Xxxxxxx or the Union representative having jurisdiction directly to the Xxxxxxx and/or his representative employee's immediate supervisor for adjustment outside of working hours. No grievance shall be unless this procedure is fol- lowed. The grievance shall be presented without undue delay butdelay. Any grievance submitted to the xxxxxxx in accordance with this procedure, in any eventwriting will be disposed of by the xxxxxxx, not more than three days immediately following the occurrence or event giving rise to the complaintin writing. If the complaint is not adjusted satis- factorily Failing a satisfactory adjustment within three dayseight hours, matter becomes a grievance and must be taken up at Stage If the employee is on lay-offthen, commencing at Stage the grievance may be taken up Stage STAGE 2 The matter shall be taken up by the Union Xxxxxxx Grievance Committee and/or the Union Representative with the District Logging Superintendent within three ninety-six hours in writing on forms to be supplied by the Union. The District Superintendent shall make a reply in writing within a further ninety-six hours. Failing a satisfactory adjustment, then, STAGE 3 Within ten days from the end matter shall be taken officers of the three day period Union and/or their represent- atives with Manager Logging Operations of or his representative. The one exception to this procedure shall be in Stage the special case provided under Section of this Article. In this case the matter may be taken up by the employee himself, or with the knowledge and failing consent Of the employee, by Union representatives by presenting the case to the Manager Logging Operations or his represent- ative in writing. In either of the above cases the Manager Logging Operations or his representative shall make a reply in writing within seven days. Failing a satisfactory adjustment within five daysadjustment, then: Stage , STAGE 4 The Business Agent matter shall be referred within fifteen calendar days to the General Manager Forestry Division or his representative and a Union Representative shall take Committee ac- companied by the matter up with Union President his representative. Either party may request the Management presence of the Company, or the accredited representative or representatives President of the Northern Ontario District Council of or the accredited representative or representatives of the ManagementI. A. Canada, his representative. The Union and the Management may at their discretion require the employee or employees concernedFailing a settlement within fifteen days then, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage STAGE 5 Either party may, within the following fifteen days refer the matter to Arbitration. The employer will notify In Arbitration the Local Company and the Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspensionshall each select one ma"; these two shall select a third party who shall act as Chairman. A grievance arising from a Claim of unjust discharge or suspension may be processed Either party shall appoint its nominee not later than six five days after receipt of notificationwritten notice of the other party's nomination. Where it has been finally established by an The Arbitration Board than an employee has been improperly discharged or suspended, he Board's decision shall be reinstated in his former job final and binding on both parties to this Agreement. In the consideration event of his grievance the failure of the two men selected by the respective parties to select a third party as provided above, they shall ask the Provincial Min- istry of Labour to appoint a third party. Nothing herein shall prevent the parties from mutually agreeing to a sole arbitrator to arbitrate grievances arising out of discipline discharge. It is understood that the function of the Arbitra- tion Board shall be to interpret and apply this Agreement and that it shall deal only with the specific questions as submitted and shall have no power to alter, add to, amend this Agreement. the function of the Arbitra- tion Board shall include the determination of power to consider adjustments to individual job classifications under Section a n d rates for job classifications under Section and to revise the extent, if any, rates thereof. The Arbitration Board shall have no power to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effectdecide questions involving general wage adjust- ments. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, Statutory and legal holidays specified in Article and an employee's scheduled day off shall not be included in any time limits in this Article of the Agreement. A grievance arising from a claim by an employee that his discharge or suspension by the Company was unjust or contrary to the terms of this ArticleAgreement, must be dealt with in writing by both parties, and must be presented to the Company not later than ten days after the discharge or suspension becomes effective. Where such an employee's grievance is not processed from the first stage before he leaves the camp, it must be processed starting at the third stage of the grievance procedure. In case of discharge, or suspension by the Company, the Company will immediately notify the employee in writing of the reason for such or suspension. A of such notice shall be submitted to the Xxxxxxx twenty-four hours. In the event that an employee is found by an Arbitration Board t o h a v e b e e n unfairly discharged, or suspended by the Company, the' Company agrees that the employee will be reinstated on his job under terms and conditions decided by the Arbitration Board. Each part of this Agreement shall pay all expenses of the member of the Arbitration Board selected by it or the Minister of Labour, and shall share in the and expenses of the third member of the Grievances which involve Company policy in respect to the interpretation, application, administration or alleged v i o l a t i o n of the Agreement may be processed commencing at Stage 3 of this grievance procedure. If the Company has a grievance as defined in Section it shall commence at Stage 3 of this grievance procedure by the Manager Logging Operations or his representative presenting the matter in writing to the officers of the Union. Failing satisfactory settlement within seven days, then the matter shall be referred to the President of the Union or his representative by the General Manager Forestry Division, or his representative. Failing a settle- ment within fifteen days, then either party may within the following fifteen days refer the matter to Arbitra- tion. Notwithstanding the above, the time limits estab- lished in this Article may be extended if mutually agreed upon by both parties.

Appears in 1 contract

Samples: Agreement

ADJUSTMENT OF GRIEVANCES. It is the intention of the Company and the Union that by execution of this industrial peace will be maintained and that Union and Company shall cooperate to that and that work will be done efficiently and without interruption. It is mutual desire of the parties hereto, that the complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, xxxxxxx an opportunity to adjust his complaintscomplaint. A Company and the Union mutually agree that should any grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action arise between the parties to this Agreement as to its or between any one shall be dealt with, without stoppage of work in the following manner: The individual with a job stew- ard of his choice shall first take up the matter with his xxxxxxx/camp superintendent within fourteen calendar days of the employees and his employer covered by this involving the inter- pretation, application, administration, or alleged violation of any origin of the provisions grievance. The , shall within five , working days. ‘Failing a satisfactory adjustment and no later than five working days from the date of this Agreementwhich the xxxxxxx is required then. Stage 1 Complaints of employees must first be taken by the employee and his xxxxxxx directly to the Xxxxxxx and/or his representative for adjustment without undue delay but, in any event, not more than three days immediately following the occurrence or event giving rise to the complaint. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage Step The matter shall be taken up by the Union Xxxxxxx and/or Union Representative same employee and the Grievance Committee with the Superintendent within three Wood- lands Production Superintendent/Lumber Superintendent. or his appointee, in writing. The Woodlands Production Superintendent/Lumber Superintendent, or his appointee, shall reply in writing no later than five working days from the end date on which the grievance was in writing by him. Failing settlement then, Step The matter shall be taken up by the Divisional Representative(s) of the three day period in Stage and failing a satisfactory adjustment within five days, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union with the Woodlands Manager/Lumber Manager. or his appointee, in writing at within five working days. The Woodlands Manager/Lumber Manager, or his appointee. shall reply within five working days. Failing settle- ment, then. The Company and Union will refer the time grievance to a committee composed of discharge or suspension of an employee, giving representatives from the reasons Negotiating Committees for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an this contract before going to the Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage step of the Grievance Procedure. Time limits specified For the Union, the Regional Vice-President. the President of the Local. and One (I) of the other of the Negotiating and for the Company, the Woodlands Manager/Lumber Manager. the Industrial Relations Manager, Woodlands/Lumber Division. and the rate Director Human Resources should be on this Committee. party may. within following Fifteen (I days after completion of Step matter to arbitration as provided in this Article the Manitoba Labour Relations Act. If a grievance has not advanced to stage under Steps 3 or within Five days after the completion of the stage. then the grievance shall be deemed abandoned. In of the absence of agents of the Company or the Union, the time limit may be extended by mutual consent consent. The Union shall notify the Company of the partiespersonnel of its Committee and of any change in the personnel: and the Company shall notify the Union of the of the officials of Com- pany referred to As far as is practical. all will with at of work or in the of the night shift. prior to beginning of regular work shift without of are with outside of working hours the request of the Company. the in the discussion of the shall paid time rate of pay for the or providing they arc shall be considered as participating in discussion of grievance. job on duty will allowed suffi- cient time on any shift for the purpose of handling in such instances, Saturdays, Sundays, holidays specified he must from his supervisor prior to undertaking an assignment. Permission will not be unreasonably job or his employees of the Division originated. Company shall Union in Article any an has Such to at In cases the Union considers it to a the shall with through provisions of XXII. Step for the Union shall to and/or assist Committee at in the I In event of violation of this Agreement Contractor and an employee's scheduled day off Con- tractor, the matter shall not be included in to the grievance procedure. Step The Company shall be responsible for any time limits violation of this Articlecollective beyond that point.

Appears in 1 contract

Samples: Agreement

ADJUSTMENT OF GRIEVANCES. It is (a) Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the mutual desire assistance of xxxxxxx if so desires, refer the matter on an informalbasis to immediate Supervisor. This discussion must take place within five (5)working days of the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, an opportunity to adjust his complaints. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one occurrence of the employees and his employer covered by this involving the inter- pretation, application, administration, or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first be taken by the employee and his xxxxxxx directly to the Xxxxxxx and/or his representative for adjustment without undue delay but, in any event, not more than three days immediately following the occurrence or event giving rise to the complaint. If the complaint grievance cannot be settled as a result of this discussion, then it may be dealt with as follows. STEP The employee shall file a written grievance with his immediate Supervisorwithinfive (5) days of discussing the matter with Supervisor.The Supervisor shall answer the grievance within three (3) days. Except in cases of disciplinary action, the written shall state the at issue in concise terms and shall state precisely in what respect the Agreement has been violated or by reference to the specific clause or clauses relied upon and shall also the nature of relief or remedy sought. STEP If the grievance is not adjusted satis- factorily resolved at the STEP it may be referred to the Personnel Supervisor within three days, matter becomes five working days after the receipt of the Supervisor’s reply at The Personnel Supervisor shall convene a meeting with the Local Union and appropriate Xxxxxxx within five (5) working clays after receipt of the grievance and must be taken up at Stage shall the grievance in writing within five (5) working days of such meeting. STEP If the employee grievance is on laynot resolved at STEP it may be referred to the General or appointed representative within five (5) working days after receipt of the Personnel Supervisor’sreply at STEP The General Manager or appointed representative shall convene a meeting with the Local Union President and Vice-offPresident within five (5) working days after receipt of the grievance and shall answer the grievance in writing within five (5) working days of such meeting. STEP If grievance is not resolved at it may be referred to the Corporate Director within five (5) working days after receipt of the General Manager’s or appointed representative’s reply at STEP The Corporate Director shall convene a meeting with the Communications, commencing at Stage Energy and Union Representative and the Union Executive within ten (10) working days receipt of the grievance and shall answer the grievance in writing within ten (10) days of such meeting. Failing a satisfactory settlement, the grievance may be taken up Stage The matter be taken up referred to arbitration by the Union Xxxxxxx and/or Union Representative with the Superintendent within three days from the end a further thirty (30) calendar days. Any grievance involving disciplinary action shall be referred to STEP of the three day period in Stage and failing grievance procedure. No employee shall be disciplined or discharged without just cause. A Union or Company grievancemay be starting at on matters of a satisfactory adjustment within five days, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of the Companygeneral nature relating to application, or interpretation of Collective Labour Agreement provided such grievance cannot be otherwise forward as the accredited representative or representatives of the grievance of or the accredited representative or representatives of the Management. group The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union Company’s shall be in writing at the time of discharge or suspension of an employeeand, giving the reasons for such discharge or suspension. A failing satisfactory settlement, grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, subject to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Articlearbitration procedure.

Appears in 1 contract

Samples: The Agreement

ADJUSTMENT OF GRIEVANCES. It is Either the: Employer, the mutual desire of the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an Union or any employee has no a right to lodge a grievance until with respect to any matter arising out of this Agreement or concerning the interpre- tation, application or alleged violation of this Agreement. Any employee believing that he has first given the xxxxxxxbeen unjustly dealt with, or his representative, an opportunity to adjust his complaints. A grievance under that the provisions of this Agreement is defined have not been complied with have the right to place such grievances in the hands of the Union, for review and adjustment by the Employer if necessary. Such grievances shall be any difference including processed as follows: Step Within seven working days after the degree or extent of disciplinary action event giving rise to the grievance occurs, the employee and his store xxxxxxx shall discuss the grievance with the Store Manager. The Manager shall give an oral answer to the grievance within four working days. Failing settlement; Step The grievance shall be reduced to writing and discussed between the parties or between any one Union Representative, Store Manager and/or the Regional Manager. This discussion shall be held within seven working days of the employees decision at Step The Store Manager and/or Regional Manager will give an answer in writing to the grievance within four working days of the date of the meeting. Failing settlement; Step The grievance shall be reduced to writing and his employer covered forwarded to the Head Office of the Employer within one week of the decision at Step which shall have one week to of the grievance. The decision shall be in writing and sent to offices of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested person. If a meeting is held, the decision shall be given to the other xxxxx within seven days from the date of the meeting. In the case of a discharge, a grievance may be by an employee who feels he was unjustly dealt with. Such a grievance must be filed within four working days from the date of dismissal, and shall commence at Step In any subsequent disposal of this involving case during the inter- pretationGrievance Procedure, applicationthe may reinstate the employee with full pay, administrationemployee for a definite period, or sustain the discharge, if mutually agreed to by the parties to this Agreement. Grievances concerning rates shall commence at Step 2 of the Grievance Procedure and the disposition of such grievances, if sustained, shall include the nation of effective date of the increase with retroac- tivity thereto. The Employer or the Union may file grievances commencing at Step 2 or Step The time limits as prescribed above may be modified by mutual agreement of the parties. Article XX ARBITRATION Should the grievance involve the alleged misin- terpretation or violation of the Agreement, either party may be free to appeal to arbitration from Step 3 within thirty-one days from the date the decision was given at that step. The parties shall attempt to agree on a single Arbitrator from a list previously agreed to by the parties to this Agreement. If the agree on an Arbitrator, the requesting then refer the grievance within said delay to the chosen Arbitrator with of the issue be arbitrated upon by him. Notice of said reference and a copy of said statement shall be forwarded simultaneously to the other party. The decision of the Arbitrator shall be final and binding upon all parties involved. If the parties cannot agree on an Arbitrator within fourteen days from the date of the notice to arbitrate, each shall appoint, within one week, one nominee as its of a Board of Arbitration that will decide upon the matter. Each party shall advise the other of the name and address of its nominee the Board within said delay of one week. If the two nominees are unable to agree upon the choice of a third member to act Chairman, the Minister of Labour for the Province of Ontario shall be to a Chairman. The Board shall hear &dispute decision (or a majority decision) shall be final and binding the Where there is no majority decision, of the Chairman is final and binding. The Arbitrator or Board of Arbitration, as the case may be, shall not have any jurisdiction to alter or modify any of the provisions of this Agreement. Stage 1 Complaints of employees must first be taken by the employee and his xxxxxxx directly , nor to the Xxxxxxx and/or his representative for adjustment without undue delay butsubstitute any new provisions in lieu thereof, in nor to make any event, not more than three days immediately following the occurrence or event giving rise to the complaint. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative decision inconsistent with the Superintendent within three days from the end terms and provisions of the three day period in Stage and failing a satisfactory adjustment within five days, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the Managementthis Agreement. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the time of In determining any discharge or suspension any other dis- ciplinary grievance the Arbitrator or Board of an employeeArbitra- tion, giving as the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension case may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspendedbe, he shall be reinstated in his former job and have the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Article.authority to:

Appears in 1 contract

Samples: Memorandum of Agreement

ADJUSTMENT OF GRIEVANCES. It is the mutual desire Any complaint, disagreement or difference of the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, an opportunity to adjust his complaints. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action opin- ion between the parties Company and the Union or between any one of the employees and his employer covered by this involving the inter- pretationAgreement, which concerns the application, administrationoperation of, or alleged violation of any of the terms and provisions of this Agreement, shall be consid- ered as a grievance. Stage 1 Complaints of employees must first be taken by Any employee, the employee and his xxxxxxx directly to Union or the Xxxxxxx and/or his representative for adjustment without undue delay but, in any event, Company may a grievance. Any grievance which is not more than three presented fourteen (14) days immediately following the occurrence or event giving rise to grievance, or within ten days of the complaintlast day worked in the case of a dismissal shall be forfeited and waived by the aggrieved party. If All grievances except those submitted by the complaint is not adjusted satis- factorily within three daysem- ployee to his immediate supervisor and/or Store Manager shall be submitted in writing and shall clearly set forth the matters in dispute. Within seven (7) days thereafter, matter becomes the Company shall reply in writing. The procedure for adjustment of a grievance by an employee, shall be as follows: STEP ONE: By a discussion between the employee, the Xxxxxxx and must be taken up at Stage If the employee’s immediate Supervisor and/or Store Manager. Failing a satisfactory settlement and within five (5) days thereafter, the employee is on lay-off, commencing at Stage may submit a written grievance to the grievance may be taken up Stage The matter be taken up by Store Manager. Within the Union Xxxxxxx and/or Union Representative with the Superintendent within three seven (7) days from the end immediately following submission of the three day period written grievance, the Store Manager shall reply in Stage writing and failing a satisfactory adjustment within five dayssettlement, then: Stage STEP TWO: The Business Agent or Union Representative shall or Representatives may take the matter up with the Management Company official designated to han- dle labour relations matters. If a satisfactory settlement can- not be reached within fifteen (15) days (excluding Satur- day and Sunday) the matter shall be referred to the Arbitra- tion Board as per Article A grievance can be submitted to Arbitration only within twenty-five (25) days from the date of the Company, or ’s Step Two answer. Any unresolved grievance not submitted to Arbitration within five (25) days shall be rendered null and void. It is agreed that under unusual circumstances an employee may take his alleged grievance directly to the accredited representative or representatives of Union. STEP THREE: Prior to filing for Arbitration either party may request Three meeting to discuss the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspensionoutstanding grievance. A grievance arising from a Claim of unjust discharge or suspension may griev- ance can be processed not later than six days after receipt of notification. Where it has been finally established by an submitted to Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Article.only within twenty-five

Appears in 1 contract

Samples: Collective Agreement

ADJUSTMENT OF GRIEVANCES. It is In the mutual desire event that any difference arises out of the interpretation, application, operation or any alleged violation of this Agreement, including any difference arising from the suspension or dismissal of any employee and including any question or difference as to whether the matter is such question or difference shall be finally and conclusively settled without stoppage of work in the following manner: Such difference or grievance shall first be reduced to writing and taken up by the employee and a representative of the Union with the employee’s immediate supervisor and General Manager within five working days of such difference or grievance arising. If such difference or grievance is not settled within two working days, the grievance shall be submitted by the employee’s immediate supervisor or General Manager to the City Manager or Deputy City Manager. IV continued Should the two parties heretobe unable to resolve the grievance under the procedure as set out in the previous Section within fourteen days, that complaints the matter or matters shall be settled by submitting same to a Board of employees Arbitration of three persons, one of whom be adjusted as quickly as possible appointed by the City and it is generally understood one by the Union, such appointments shall be made within seven days of the failure of the Council of the City and the Union to reach a decision, and the third member shall be appointed within five days by the two members so appointed, and shall be Chairman, Should the members appointed by the parties fail to agree on a Chairman within the said five days, the said Chairman shall be appointed by the Minister of Labour of the Province of British Columbia. The majority decision of the Board shall be and binding on both parties and each party shall bear the expense of their arbitrator and pay half the expenses of the Chairman. The Board shall finally settle such difference or grievance within ten days after the appointment of the Chairman. the event the Board of Arbitration finds that an employee has no grievance until he has first given been dismissed or suspended for other than proper cause, the xxxxxxx, or his representative, an opportunity Board of Arbitration may direct the Employer to adjust his complaints. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one of the employees and his employer covered by this involving the inter- pretation, application, administration, or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first be taken by reinstate the employee and his xxxxxxx directly pay to the Xxxxxxx and/or his representative for adjustment without undue delay butemployee a sum equal to their wages or salary lost by reason of such suspension or discharge, or such lesser sum as in any event, not more than three days immediately following the occurrence opinion of the Board of Arbitration is fair and reasonable or event giving rise make such other order as it considers fair and reasonable having regard to the complaint. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative with the Superintendent within three days from the end terms of the three day period in Stage and failing Collective Agreement between the parties. Wherever a satisfactory adjustment within five daysstipulated time is mentioned herein, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the said time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties. Grievances dealing with dismissal or termination shall start at the City Manager’s or Deputy City Manager’s step in the Grievance procedure. Upon mutual agreement of the parties, Saturdaysthe arbitration process set out in above may be replaced by a single arbitrator process. An employee shall have the right to have a Shop Stxxxxx xr Union representative present when disciplinary action is to be taken (written warnings, Sundayssuspension, holidays specified dismissal), Furthermore, such a right is also applicable when an employee is to be subject to a verbal warning which may form part of the disciplinary record in Article and the future. However, this clause does not apply to workplace discussions that are of an employee's scheduled day off shall operational or remedial nature which will not be included in any time limits form part of this Articlethe disciplinary record.

Appears in 1 contract

Samples: Agreement

ADJUSTMENT OF GRIEVANCES. The Company will and deal with Shop Stewards in work areas and at Company bases determined and appointed by the Union. It is will be the mutual desire responsibility of Shop Stewards to assist in the adjustment of Grievances arising out of the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, an opportunity to adjust his complaints. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one of the employees and his employer covered by this involving the inter- pretationinterpretation, application, administration, or alleged violation of this Agreement. Where an employee feels that there has been a violation or misinterpretation of any of the provisions part of this Agreement, he, or a Shop Xxxxxxx, or any Officer of the Union on his behalf, will discuss the matter within seven calender days with the Maintenance Manager who will, within twenty-four hours (save Saturday, Sunday and Statutory Holidays), give his decision thereof. Stage 1 Complaints Where the decision of employees must first be taken by the Maintenance Manager is unsatisfactory to the employee and his xxxxxxx directly concerned or to the Xxxxxxx and/or his representative for adjustment without undue delay butUnion, in any eventor failing a decisionbeing received from the Maintenance Manager as required by above, not more than three the matter will be reduced to writing within a further seven calender days immediately following the occurrence or event giving rise and submitted to the complaintVice President of Maintenance who within forty-eight (save Saturday, Sunday and Statutory Holidays), attach his written reply thereto. If the complaint is not adjusted satis- factorily within three days, matter becomes Failing a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative with the Superintendent within three days reply from the end Vice President of Maintenance or where the three day period in Stage and failing a satisfactory adjustment within five days, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require reply is unsatisfactory to the employee or to the union, the matter will be referred to Arbitration in accordance with below.. Where employees concernedare suspended or discharged, and a Shop Xxxxxxx shall be notified before the members employee leaves his work area. Where the Shop Xxxxxxx is unable to affect a settlement if a dispute exists at the time, a written Grievance may be filed directly with the vice President of the supervisory staff concerned in or having knowledge of the dispute, Maintenance within seven calendar days. Either Party to appear before them and give evidence regarding the dispute. refer Stage this Agreement may, within fourteen calender days of the following fifteen date when the matter was or should have been disposed of in above, notify the other Party in writing of its decision to submit the matter in dispute to Arbitration. The employer will notify Where notice has been given by either Party to refer a matter in dispute to Arbitration, the Local Union in writing at the time of discharge or suspension selection of an employee, giving the reasons for such discharge or suspension. A grievance arising Arbitrator shall be made numerically from a Claim List of unjust discharge persons previously agreed to by the Parties. Should the first person named on the List be unable to hear the matter within thirty calender day or suspension such other time as the Parties may agree, the next person named will be processed not later than six days after receipt of notificationselected and so on. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Article.

Appears in 1 contract

Samples: negotech.labour.gc.ca

ADJUSTMENT OF GRIEVANCES. It is All disputes between employees and the mutual desire Company shall be settled by the followingprocedure. The Union shall arrange for the election its working membership, Union Committees of four (4)headed by a Union Xxxxxxx.Xxx (1) Plywood and one (1) Particle board Plant. The Company shall be notified in writing as to the names of the parties heretoUnion Committee. Union Xxxxxxx Grievance Committee member, may be allowed time off during his working hours at a time approved Company in connectionwith provided that complaints it does not interfere with the efficient operation of employees the Plant (excluding negotiations of Collective Agreement). The Company shall pay the Union Xxxxxxx Grievance Committeemember, at his regular or premium rate, which maybe proper for any time spent in connection with this Article (8.02). Stage Any grievance arising during the term Agreement must be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, an opportunity to adjust his complaintspresented for adjustment without undue delay. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one of the employees and his employer covered by this involving the inter- pretation, application, administration, or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first an employee shall be taken by the employee singly or together with the Xxxxxxx Union Representative directlyto the employee’s immediate supervisor and his xxxxxxx directly a decision thereon shall be rendered (2) days presentation of the Grievance. Stage If this decision is not satisfactory to the Xxxxxxx aggrieved employee, the grievance shall be made in writing, and signed by the aggrieved employee and/or his representative for adjustment without undue delay buta Xxxxxxx, in any event, not more than three days immediately following the occurrence or event giving rise and shall be presented to the complaint. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage The matter be taken up Company by himself; or together with the Union Xxxxxxx and/or Union Representative with Representative, within seven (7) days the Superintendent within three days from the end date of the three day period in Stage decision under Article above, and failing shall be dealt with at a satisfactory adjustment within five days, then: Stage The Business Agent or Union Representative shall take the matter up with the Management meeting of the Company, Xxxxxxx’x committeeand management and such decision shallbe rendered within seven (7) days or the accredited representative or representatives of the of or the accredited representative or representatives of the Managementwithin such time as may be mutually agreed. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the time In case of discharge or suspension by the Company, the Company will, within two (2) days the employees in writing of an employee, giving the reasons reason for the discharge of suspension. A copy of such discharge or suspensionnotice shall be submitted to the Union Xxxxxxx within two (2) days. A grievance arising from a Claim of unjust claim by an employee that his discharge or suspension may by the Companywas unjust or contrary to the terms of this agreementmust be processed not dealt with in writing by both parties and must be presented to the Company no later than six ten (10) days after receipt of notificationthe written notice discharge or suspension. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he The grievance shall be reinstated in his former job and the consideration of his grievance shall include the determination introduced at this Stage. Grievances which involve Company wide interpretation, administration or alleged violation of the extentAgreement, if any, to which he shall be compensated for lost paymade in writing, and reimbursement for delivered to the premium cost opposite party within ten (10) days of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that the occurrenceon which the employee would have earned in grievance is based, and shall be dealt with by Representatives Company and Representatives of the Company's employ had he not been improperly discharged or suspendedUnion. If the Union or matter is not settled within thirty (30) days being received opposite party, it may be referred to arbitration. Stage3 In the employer has a event that the grievance as defined is not settled in Clause the above matter, it maybe referred to arbitrationin accordancewith the Labour Relations Act, and Notice of Processing to Arbitration shall commence at Stage be made on the opposite party within thirty (30) days of the Grievance Proceduredecision rendered under Article above. Time Saturdays, Sundays and Holidays shall not be included in any time limits specified in this Article of Agreement. The time limits mentioned in this Article may be extended by mutual consent agreement, but otherwise shall be of essence. Failure on the part of the partiesgriever to comply with time limits shall be deemed to be an abandonment of the grievance. In arbitration, Saturdaysthe Company and the Union shall each select one person; these two shall select a third party who shall act as Chairman. Either party shall appoint its nominee not later than five (5) days written notice of the other party’s nomination. The arbitration board’s decision shall be final and binding on both parties to this agreement. In the event of the failure of the two persons selected by the respective parties to select a third party as provided above, Sundaysthey shall ask the Provincial Minister to appoint a third party. Nothing contained in this Article shall prevent the parties mutually agreeing to a single arbitrator. It is understood that the of the Arbitration Board shall be to interpret and apply this agreement and that it shall deal only withthe specific questions as submitted and shall have no power to alter, holidays specified add to, nor amend this agreement. However, the of the Arbitration Board shall include the power to consider adjustments to individual job classification rates under Article The Arbitration Board shall have no power to decide questions involving general wage adjustments. Each party to this agreement shall pay all expenses of the member of the Arbitration Board selected by it or by the Minister of Labour and shall share equally in Article the fees and an employee's scheduled day off expenses of the third member of the Board. mutually agreed, and prior to arbitration,the parties share equallyin the cost of a mediator, whose decision shall be binding. The parties will to a list ofmediators. parties cannot agree to the mediationprocess, theterm of the Collective Agreement shall apply. The record of any disciplinary notation for offence shall not be included in any time limits used against an employee after months has elapsed since the date of this Article.disciplinary notation(

Appears in 1 contract

Samples: Collective Agreement

ADJUSTMENT OF GRIEVANCES. It is i s the mutual desire of the parties hereto, hereto that complaints of employees be adjusted as quickly as possible possible. To this end it is agreed that meetings w i l l be held between the and it the Union to discuss the interpretation and administration of this Agreement. It is agreed that grievance shall be processed which usurps the rights of Management. I t is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, Xxxxxxx an opportunity to adjust his complaintsThis may be done during working hours. The Union shall arrange for the election from its working membership at each by the therein, of a Union Grievance of three headed by a Union Xxxxxxx who shall act as spokesman for the In the absence of the Xxxxxxx the w i l l recognize a delegated member of the Grievance as spokesman. after an election, the Union Grievance in the camp w i l l notify the xxxxxxx in writing as to the names of Xxxxxxx and the members of the the Union Grievance elected and the xxxxxxx w i l l acknowledge in writing the receipt of such notice. The Company xxxxxxx shall not be to recognize either the Union or the Union Grievance until such time as this procedure i s carried out. It is agreed that there shall be no discrimination exercised in any manner towards the Stewards or Union Grievance men. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action differences between the parties or between any one of the employees and his employer covered by this Agreement involving the inter- pretationinterpretation, application, administration, or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first Grievances as defined above may be taken by the employee and his xxxxxxx by the Union Xxxxxxx or the Union representative having jurisdiction directly to the Xxxxxxx and/or his representative employee's supervisor for adjustment outside of working hours. The grievance shall be presented without undue delay butdelay. Any grievance submitted to the xxxxxxx, in any eventaccordance with procedure, not more than three days immediately following in writing, w i l l be of by the occurrence or event giving rise to the complaintxxxxxxx in writing. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must has been in writing, it w i l l be taken up dealt with in writing at Stage If the employee is on lay-offall stages thereafter. Failing a satisfactory within forty- eight hours, commencing at Stage the grievance may be taken up Stage then, STAGE The matter shall be taken up by the Union Xxxxxxx Grievance and/or Union Representative the area Vice-president or his designate with the Division Superintendent or his designated representative within three days from ninety- six hours, in writing, on forms to be supplied by the end Union. The Division Superintendent shall make a reply in writing within a further ninety- six hours. Failing a satisfactory adjustment, then, STAGE The matter shall be taken up by the Executive Officers of the three day period in Stage and failing Local Union and/or their designates with the Production Manager, Operations, of the or his representative. Failing a satisfactory adjustment settlement within five seven days, then: Stage , STAGE The Business Agent or Union Representative matter shall take be referred to the matter up with the Management Resident Manager, Operations, of the Companyor his representative and a Union accompanied by the Union’s President and his National Representative. Failing a settlement within fifteen (15) days, or the accredited representative or representatives of the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require the employee or employees concernedthen, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage STAGE Either party may, within the following fifteen days, refer the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Articlearbitration.

Appears in 1 contract

Samples: negotech.labour.gc.ca

ADJUSTMENT OF GRIEVANCES. It is Either the mutual desire of Company, the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an Union or any employee has no grievance until a to lodge a grievancewith res to any matter arising out Agreementor concerning interpretation, application or alleged violation of this Agreement. Any employee believing that he has first given the xxxxxxx, been unjustly dealt with or his representative, an opportunity to adjust his complaints. A grievance under that the provisions of this Agreement is defined have not been complied with, shall have the right to be any difference including place such grievancesin the degree or extent of disciplinary action between the parties or between any one hands of the employees Union for review and by the Company, if necessary. It is understood that the shop stewards have their regular work to perform and that, if necessary to service a grievance during working hours, they will not leave their work without having obtained the permission of the Supervisor,which permission will not be unreasonably withheld. Such grievancesshall be processed as follows: STEP ONE Between the employee concerned, his Union representative and his employer covered by this involving The grievance must be filed within ten (10)working after the inter- pretation, application, administration, or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first be taken by the employee and his xxxxxxx directly to the Xxxxxxx and/or his representative for adjustment without undue delay but, in any event, not more than three days immediately following the occurrence or event giving rise to the complaintgrievance occurs and within this period of time it shall be discussed at this Step. The Supervisorshall give an oral decision within five (5) working days, from the date the discussion took place. If the complaint is not adjusted satis- factorily within three daysUnion wishes to appeal to the next step, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may shall be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative with the Superintendent reduced to writing and notice of appeal filed within three five (5)working days from the end Supervisor's decision. STEP TWO: Between the employee concerned, the Union representative, the Supervisor,the Operations Manager and/or their delegates. The discussion at this Step shall be held within seven (7)working days of the three day period date of the appeal. The decisionof the Company at this Step shall be in Stage writing and failing a satisfactory adjustment be made within five daysfour (4) working days of the date of the meeting. Should the Union wish to appeal, then: Stage The Business Agent or Union Representative shall take the matter up such notice of appeal must be filed in writing with the Management Head Office of the Company within one (1) week of the decision of the Company at STEP TWO. STEP THREE: The grievance shall be forwarded to the Head Office of the Company, or the accredited representative or representatives which shall have one (1)week to dispose of the of or grievance.The disposition shall be in writing and returned to the accredited representative or representatives officers of the ManagementUnion. The Union If considered necessary by the parties, a meeting may be held by the parties and may include the Management interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. In the case of a dismissal,a grievance may be filed by an employee who feels he was dealt with. Such a grievance must be filed within five (5) working days from the date of dismissal and shall commence at their discretion require STEP TWO. Grievances concerning rates shall be handled in accord- ance with the employee or employees concernedabove procedure, and the members disposition of the supervisory staff concerned in or having knowledge of the disputesuch grievances, to appear before them and give evidence regarding the dispute. refer Stage mayif sustained, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage effective date of the Grievance Procedureincrease, with thereto. Time The time limits specified in this Article as prescribed above may be extended modified by mutual consent agreement of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off . The Company or the Union may file grievances com- mencing at STEP TWO. Any grievance involving a group of employees shall not be included in any time limits of this Articlefiled at STEP THREE.

Appears in 1 contract

Samples: Agreement

ADJUSTMENT OF GRIEVANCES. It is the mutual desire of the parties hereto, that hereto complaints of employees be adjusted as quickly as possible possible. To end it is agreed that periodic meetings will be held between Company and it the Union to discuss the interpretation administrationof this Agreement. It is agreed that no grievance shall be which usurps the rights of Management. It is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, Xxxxxxx an opportunity to adjust his complaintshi complaint. This may be done during working hours. The Union shall arrange for the election from it working membership at each camp, by the members therein, of Union Grievance Committee of three headed by a Xxxxxxx who shall act as spokesman for the Committee. In absence of the Xxxxxxx the Company will recognize a member of the Grievance Committee as spokesman. an election, the Union Grievance Committee in the camp notify the xxxxxxx in writing as to the names of the Union and the members of the Union Grievance Committee elected and xxxxxxx will acknowledge in writing the receipt of such notice. Company xxxxxxx shall not be required to recognize either Union Xxxxxxx or the Union Grievance Committee until such time a! this procedure is carried out. It is agreed that there shall be no exercised in any manner towards the Stewards or Union Committee men. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action differences between the parties or between any one of the Company and employees and his employer covered by this involving Agreement the inter- pretationinterpretation, application, administration, administration or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first Grievances as defined above may be taken by the employee and his xxxxxxx by the Union Xxxxxxx or the Union representative having irisdiction directly to the Xxxxxxx and/or his representative employee's immediate supervisor for adjustment outside of working hours. The grievance shall be resented without undue delay butdelay. Any grievance submitted to the in accordance with this procedure, in any eventwriting, not more than three days immediately following will be of by the occurrence or event giving rise to the complaintxxxxxxx in writing. If the complaint is not adjusted satis- factorily within three days, matter becomes Where a grievance and must has been in writing, it will be taken up dealt with in writing at Stage If the employee is on layall stages Failing a satisfactory adjustment within forty-offeight (48) ours, commencing at Stage the grievance may be taken up Stage then, STAGE The matter shall be taken up by the Union Xxxxxxx Grievance Committee and/or Union Representative the area Vice-president or his designate with the Division Superintendent or his designated representative within three days from ninety-six (96) hours, in writing, on forms to be supplied by the end Union. The Division Superintendent shall make a reply in writing within a further ninety-six (96) hours. Failing a satisfactory adjustment, then, STAGE The matter shall be taken up by the Executive Officers of the three day period in Stage and failing a satisfactory adjustment within five days, then: Stage The Business Agent or Local Union Representative shall take the matter up and/or their designates with the Management Production Manager, Woodlands Operations, of the Company, or his representative. Failing a settlement within seven (7) days, then, STAGE The matter shall be referred to the accredited representative or representatives Resident Manager, Operations, of the of Company, or the accredited his representative or representatives of the Managementand a Union Committee, accompanied by Union's President and his National Representative. The Union and the Management may at their discretion require the employee or employees concerneda settlement within fifteen (15) days, and the members of the supervisory staff concerned in or having knowledge of the disputethen, to appear before them and give evidence regarding the dispute. refer Stage STAGE Either party may, within the following fifteen (15) days, refer the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Articlearbitration.

Appears in 1 contract

Samples: Agreement

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ADJUSTMENT OF GRIEVANCES. It is the mutual desire of the parties hereto, hereto that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or to his representative, xxxxxxx an opportunity to adjust his complaintscomplaint. The Union shall arrange for the election from working of two Union Committees of three each headed by a Union Xxxxxxx, one the xxxx operations and one at the ARTICLE ADJUSTMENT OF GRIEVANCES Immediately after an election, the Grievance Committee notify the xxxxxxx in as to the names of the Xxxxxxx and the members of the Grievance Committee elected and the xxxxxxx will acknowledge writing the receipt of such The Company xxxxxxx shall not be required to the Xxxxxxx or the Commit- tee such time as procedure IS out. It is agreed that there shall be no exercised in any manner towards the Stewards or Grievance Committee men. Xxxxxxx and/or Committee man may be allowed time off during hours at a time acceptable to the Company connection business, provided that does not “I negotiations or Collective Agreement). The Com- pany shall pay the Union Xxxxxxx and/or Grievance Com- mittee man, at regular or rate, may be proper for any spent A grievance under the provisions of this Agreement Agree- ment is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one of the Company and employees and his employer covered by this involving Agreement Involving the inter- pretation, application, administration, ad- or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first Grievances as above may be taken by the employee and his xxxxxxx directly to the Xxxxxxx and/or his representative for adjustment without undue delay butemployee, in any event, not more than three days immediately following the occurrence or event giving rise to the complaint. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative or the jurisdiction to the employee’s supervisor for No shall be unless procedure followed. The grievance shall be without undue delay. Any to the xxxxxxx. with the Superintendent within three days from the end procedure, be of the three day period in Stage and failing by xxxxxxx, Where a satisfactory adjustment within five dayshas been iii ii thereafter. a hours, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Article.,

Appears in 1 contract

Samples: Collective Agreement

ADJUSTMENT OF GRIEVANCES. It is I t i s the mutual desire of the parties hereto, hereto that complaints of employees be adjusted as quickly as possible possible. To this end i t is agreed that periodic meetings will be held between the Company and it the Union to discuss the interpretation and administration of this Agreement. I t is agreed that no grievance shall be processed which usurps the rights of Management. It is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, his- Xxxxxxx an opportunity to adjust his complaintscomplaint. This may be done during working hours. The Union shall arrange for the election from its working membership at each camp, by the members therein, of a Union Grievance Committee of three headed by a Union Xxxxxxx who shall act as spokesman for the Committee. In the absence of the Xxxxxxx the Company will recognize a delegated member of the Grievance Committee as spokesman. Immediately after an election, the Union Grievance Committee in the camp will notify the xxxxxxx in writing as to the names of the Union Xxxxxxx and the members of the Union Grievance Committee elected and the xxxxxxx will acknowledge in writing the receipt of such notice. The Company xxxxxxx shall not be required to recognize either the Union Xxxxxxx or the Union Grievance Committee until such time as this procedure is carried out. It is agreed that there shall be no discrimination exercised in any manner towards the Stewards or Union Grievance Committee men. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action differences between the parties or between any one of the Company and employees and his employer covered by this Agreement involving the inter- pretationinterpretation, application, administration, administration or alleged violation of any of o f the provisions of this Agreement. Stage 1 Complaints of employees must first Grievances as defined above may be taken by the employee and his xxxxxxx employee, by the Union Xxxxxxx or the Union representative having jurisdiction directly to the Xxxxxxx and/or his representative employee’s immediate supervisor for adjustment outside of working hours. The grievance shall be presented without undue delay butdelay. Any grievance submitted to the xxxxxxx, in any eventaccordance with this procedure, not more than three days immediately following in writing, will be disposed of by the occurrence or event giving rise to the complaintxxxxxxx in writing. If the complaint is not adjusted satis- factorily within three days, matter becomes Where a grievance and must has been submitted in writing, it will be taken up dealt with in writing at Stage If the employee is on layall stages thereafter. Failing a satisfactory adjustment within forty-offeight (48) hours, commencing at Stage the grievance may be taken up Stage then, STAGE The matter shall be taken up by the Union Xxxxxxx Grievance Committee and/or Union Representative the area Vice-president or his designate with the Division Superintendent or his designated representative within three days from ninety-six (96) hours, in writing, on forms to be supplied by the end Union. The Division Superintendent shall make a reply in writing within a further ninety-six (96) hours. Failing a satisfactory adjustment, then, STAGE The matter shall be taken up by the Executive Officers of the three day period in Stage and failing a satisfactory adjustment within five days, then: Stage The Business Agent or Local Union Representative shall take the matter up and/or their designates with the Management Production Manager, Woodlands Operations, of the Company, or his representative. Failing a settlement within seven (7) days, then, STAGE The matter shall be referred to the accredited representative or representatives Resident Manager, Woodlands Operations, of the of Company, or his representative and a Union Committee, accompanied by the accredited representative or representatives of the ManagementUnion’s President and. The Union and the Management may at their discretion require the employee or employees concernedhis National Representative. Failing a settlement within fifteen (15) days, and the members of the supervisory staff concerned in or having knowledge of the disputethen, to appear before them and give evidence regarding the dispute. refer Stage STAGE Either party may, within the following fifteen (15) days, refer the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Articlearbitration.

Appears in 1 contract

Samples: negotech.labour.gc.ca

ADJUSTMENT OF GRIEVANCES. It is Any complaint, disagreement or difference of opinion the mutual desire of Company and the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, Union or his representative, an opportunity to adjust his complaints. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one of the employees and his employer covered by this involving the inter- pretationAgreement, which concerns the interpretation,application, administration, or operation of alleged violation of any of the and provisions of this Agreement, shall be considered as a grievance. Stage 1 Complaints of employees must first be taken by Any employee, the employee and his xxxxxxx directly to Union or the Xxxxxxx and/or his representative for adjustment without undue delay but, in any event, Company may a grievance. Any grievance which is not more than three presented within fourteen (14) days immediately following the occurrence or event giving rise to such grievance, or within ten (10) days of the complaintlast days worked in the case of a dismissal shall be forfeited and waived by the aggrieved party. If Ail grievances except those submitted by the complaint is not adjusted satis- factorily within three daysem- ployee to his immediate supervisor and/or Store Manager shall be submitted in writing and shall clearly set forth the matters in dispute. Within seven (7) days thereafter, matter becomes the Com- pany shall reply in writing. The procedure for adjustment of a grievance by an employee, shall be as follows: STEP ONE By a discussion between the employee, the Xxxxxxx and must be taken up at Stage If the employee’s immediate Supervisor and/or Store Manager. Failing a satisfactory settlement and within five (5) days there- after, the employee is on lay-off, commencing at Stage may submit a written grievance to the grievance may be taken up Stage The matter be taken up by Store Manager. Within the Union Xxxxxxx and/or Union Representative with the Superintendent within three seven (7) days from the end immediately fol- lowing submission of the three day period written grievance, the Store man- ager shall reply in Stage writing and failing a satisfactory adjustment within five dayssettle- ment, then: Stage STEP TWO: The Business Agent or Union Representative shall or Representatives may take the matter up with the Management Company official designated to handle labour relations matters, If a satisfactory settlement cannot be reached within fifteen (15) days (excluding Saturday and Sun- day) the matter shall be referred to the Arbitration Board as per Article A grievance can be submitted to Arbitration only within twenty-five (25) days from the date of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the ManagementCom- pany’s Step Two answer. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, Any unresolved grievance not sub- mitted to appear before them and give evidence regarding the dispute. refer Stage may, Arbitration within the following fifteen twenty-five (25) days shall be rendered null and void. It is agreed that under unusual stances and employee may take his alleged grievance dire to the matter Union. STEP THREE: Prior to Arbitration. The employer will notify filing for Arbitration either party may request a Step Three meeting to discuss the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspensionoutstanding grievance. A grievance arising from a Claim of unjust discharge or suspension may griev- ance can be processed not later than six days after receipt of notification. Where it has been finally established by an submitted to Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Article.only within twenty-five

Appears in 1 contract

Samples: Collective Agreement

ADJUSTMENT OF GRIEVANCES. It is Should any difference arise between the mutual desire Company any of the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxxemployees, or his representativebetween the Company and the Union, an opportunity as to adjust his complaints. A grievance under the interpretion, application or alleged violation of any of the provisions of this Agreement is defined the Agreement, an xxxxxxx effort shall be made to settle such differences without undue delay in the following manner: Step One: The employee concerned, accompanied by the Xxxxxxx or Chief Xxxxxxx if he so desires, may within five ( 5 ) work days after the incident giving rise to the grievance occurs take the matter up with his supervisor (either verbally or in writing) who shall give his answer within three work days. Should the grievance not be any difference including satisfactorily settled then: Step Two: The Chief Xxxxxxx along with the degree or extent grieved and the Xxxxxxx may present the grievance in writing to the Employee Relations Manager, the Manager of disciplinary action the department and the Supervisor within six (6) work days after the Company decision has been received at Step One. The Company will render its decision in writing within three work days following the Step meeting. Should the grievance not be satisfactorily settled then: Step Three: The the Chief Xxxxxxx, the grieved employee and the Xxxxxxx, along with a full-time Representative of the Union meet with the Employee Relations Manager and Representatives of Management within fifteen work days after the decision has been received at Step Two. The company will render its decision within six work days following such meeting. Should the grievance not be satisfactorily settled, then it may be dealt with as hereinafter provided by Arbitration. The time limits mentioned in Article may be extended by mutual agreement between the parties or Employee Relations Manager and the Chief Xxxxxxx. In the case of a wage grievance, the matter shall be taken up within seven (7) calendar days after the employee received his pay cheque for the period which the grievance occurred. Any difference arising directly between any one of the employees Company and his employer covered by this involving the inter- pretationUnion as to the interpretation, application, administration, application or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first Agreement may, if deemed necessary, be taken submitted by the employee and his xxxxxxx directly either party to the Xxxxxxx and/or other at Step Three of the grievance procedure, within thirty calendar days from the date on which the matter at issue arose. In the event that an employee is suspended, discharged or involuntarily terminated from his representative for adjustment employment, and believes that the action is without undue delay butjust and sufficient cause, or is in violation of any eventof the provisions of this Agreement, not more than three days immediately following the occurrence or event giving rise to the complaint. If the complaint is not adjusted satis- factorily within three dayssuch action may, matter becomes a grievance and must if deemed necessary, be taken up at Stage If Step Three of the employee is on lay-offprocedure, commencing at Stage provided however, the grievance may be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative with the Superintendent is filed within three days from the end of the three day period in Stage and failing a satisfactory adjustment within five days, then: Stage The Business Agent or Union Representative shall take the matter up with the Management of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by mutual consent of the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Article.seven

Appears in 1 contract

Samples: Collective Agreement

ADJUSTMENT OF GRIEVANCES. It is To prevent minor complaints from becoming grievances, an employee should first discuss his complaint with his immediate supervisor within nine calendar days after the mutual desire circumstances giving rise to the complaint were known or should have been known. The supervisor shall give his response to the complaint within five calendar days and failing settlement or failing response, it may be then taken up as a grievance within seven calendar days following the advice of the parties hereto, that complaints of employees be adjusted as quickly as possible immediate supervisor's decision in the manner and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, an opportunity to adjust his complaintssequence. A grievance under the provisions For purposes of this Agreement Agreement, a grievance is defined to be any as a difference including the degree or extent of disciplinary action arising between the parties or between any one of relating to the employees and his employer covered by this involving the inter- pretationinterpretation, application, administration, or alleged violation of the Agreement, including any of question as to whether a matter is arbitrable. For the provisions purposes of this AgreementArticle, reference to "days" relating to Steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. Stage 1 Complaints of employees must first A grievance shall be taken presented in writing to the department (salaried) supervisor by the employee and h i s union representative. The department supervisor shall give his xxxxxxx directly to the Xxxxxxx and/or his representative for adjustment without undue delay but, reply in any event, not more than writing within three working days immediately following the occurrence or event giving rise to of receiving the complaint. 2nd If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage department supervisor fails to adjust the grievance may in a satisfactory manner, it shall be taken up Stage The matter be taken up referred by the Union Xxxxxxx and/or to the department in writing within seven calendar days following the reply of the department supervisor. The department shall give his reply in writing within seven calendar days. If his reply is not satisfactory, the Union Representative with shall submit the Superintendent grievance in writing to the appropriate manager or designate within three ten calendar days from the end date of the three day period in Stage and failing a satisfactory adjustment reply from the department manager. The appropriate manager or designate will give his reply within five ten calendar days, then: Stage The Business Agent or and if the reply not considered satisfactory, 'the Union Representative shall take shall,. within twenty calendar days notify the matter up with the Management Company in writing of the Company, or the accredited representative or representatives of the of or the accredited representative or representatives of the Management. The Union and the Management may at their discretion require the employee or employees concerned, and the members of the supervisory staff concerned in or having knowledge of the dispute, intention to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen submit the matter to a Board of Arbitration. The employer will notify the Local Union in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension limit between steps may be processed not later than six days after receipt of notificationextended by mutual consent. Where it If a discharged employee claims that an injustice has been finally established by done him, an Arbitration Board than an appeal shall be made to the appropriate manager or designate within two calendar days (Saturday, Sunday, and holidays excepted), and if it is found that the employee has been improperly discharged or suspendedunjustly dismissed, he shall be reinstated in his former job without loss of seniority and the consideration shall be paid for all time he has lost as a result of his dismissal. A policy or group grievance shall include the determination of the extent, if any, to which he shall may be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence initiated by either party at Stage Step of the Grievance Procedure. Time limits specified in this Article may Such grievance shall be extended by mutual consent of filed within seven calendar days after the parties, Saturdays, Sundays, holidays specified in Article and an employee's scheduled day off shall not be included in any time limits of this Articlecircumstances giving rise to the grievance.

Appears in 1 contract

Samples: negotech.labour.gc.ca

ADJUSTMENT OF GRIEVANCES. It is Should any differencearise between the mutual desire Company and any of the parties hereto, that complaints of employees be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given the xxxxxxxemployees, or his representative, an opportunity to adjust his complaints. A grievance under the provisions of this Agreement is defined to be any difference including the degree or extent of disciplinary action between the parties or between any one of Company and the employees and his employer covered by this involving Union,as to the inter- pretation, application, administration, interpretation,application or alleged violation of any of the provisions of this the Agreement. Stage 1 Complaints , an effort shall be made to settle such differenceswithout undue delay in the following manner: Step One: Prior to the submission of employees must first be taken by a written grievance, the employee and will discuss the matter with his xxxxxxx directly immediate supervisorand Xxxxxxx if requested. Should the grievancenot be satisfactorily settled then: Step Two: The employees concerned, accompaniedby his xxxxxxx, if he so desires, may within five (5) work days the incident givingrise to the Xxxxxxx and/or his representative for adjustment without undue delay butgrievance occurs, in any event, not more than three days immediately following the occurrence or event giving rise to the complaint. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative with the Superintendent within three days from the end of the three day period in Stage and failing a satisfactory adjustment within five days, then: Stage The Business Agent or Union Representative shall take the matter up with his immediate supervisor(either verballyor in writing) who shall give his answer within three (3) work days. Should the grievancenot be satisfactorily then: Step Three: The Unit or the grievance committee,the grieved employee and his Xxxxxxx, and a full-timeRepresentativeof the Union shall meet with the Human Resources Manager and Representatives of Management within thirty (30)work days the decision has been received at Step Two. The Company will render its decision within ten (10) work days followingsuch meeting and the Union will respond within ten (10) work days of receiving the Company’s decision. Should the grievance not be satisfactorilysettled, or it may be dealt with as hereinafter provided by Arbitration The Company shall pay lost time for the accredited representative or representatives of grievance meeting for the of or Chairperson, Chief Xxxxxxx and the accredited representative or representatives of representing Xxxxxxx. Grievancemeetings shall be to the Managementand representing Xxxxxxx. The Union and may have no more six (6) representativesat any grievance meeting. Any grievancenot appealed from the Management may decision at their discretion require the employee or employees concerned, and the members Step of the supervisory staff concerned in or having knowledge GrievanceProcedure within three (3) work days, shallbe considered settled on the basis of the dispute, to appear before them and give evidence regarding the dispute. refer Stage may, within the following fifteen the matter to Arbitrationlast decision. The employer will notify the Local Union time limits mentioned in writing at the time of discharge or suspension of an employee, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspended. If the Union or the employer has a grievance as defined in Clause it shall commence at Stage of the Grievance Procedure. Time limits specified in this Article may be extended by extendedby mutual consent of the parties, Saturdays, Sundays, holidays specified in Article Resources Manager and an employee's scheduled day off shall not be included in any time limits of this Article.the Unit Chairperson in

Appears in 1 contract

Samples: Agreement

ADJUSTMENT OF GRIEVANCES. It is Differences Between the mutual desire of the parties hereto, that complaints of employees be adjusted as quickly as possible Company and it is generally understood that an employee has no grievance until he has first given the xxxxxxx, or his representative, an opportunity to adjust his complaints. A grievance under the provisions of this Agreement is defined to be Employees Should any difference including the degree or extent of disciplinary action arise between the parties or between Company and any one of the employees and his employer covered by this involving from the inter- pretationinterpretation, application, administration, administration or alleged violation of any of the provisions of this Agreement. Stage 1 Complaints of employees must first , an xxxxxxx effort shall be taken by the employee and his xxxxxxx directly made to the Xxxxxxx and/or his representative for adjustment settle such differences without undue delay butin the following manner. Stage One An aggrieved employee may, provided it is done with reasonable promptness, make his representations orally or in any event, not more than three days immediately following the occurrence or event giving rise writing to the complaintManagement Representative designated by the Company from time to time to han- dle such matter at this stage. In making such repre- sentations he may, if he desires, be accompanied and represented by a Grievance Xxxxxxx in his Department or a Grievance Xxxxxxx from his Plant, if there is no Grievance Xxxxxxx available in his Department, and such meeting will normally occur dur- ing the working hours. Any settlement of the grievance reached between the aggrieved employee and the Company at this stage will be considered applicable to the case in question and not as estab- lishing a precedent for future cases. If the complaint is not adjusted satis- factorily within three days, matter becomes a grievance and must be taken up at Stage If the employee is on lay-off, commencing at Stage the grievance may be taken up Stage The matter be taken up by the Union Xxxxxxx and/or Union Representative with the Superintendent within three days from the time when such representations were presented to such Management Representative a decision satisfactory to the employee is not given, then the grievance may be referred to Stage Two. Stage Two Failing resolution, the grievance may, within five days after the decision of the Management Representative for Stage One has been or should have been given, be referred in writing to the Management Representative designated by the Company to handle such meetings at Stage Two. The Company will notify the Plant Committeeman and the Chairman of the General Grievance Committee of the date, time and place for the Stage Two meeting within five days after receiving such referral. Such meeting shall be held within thirty days following such notification and will normally be scheduled during the working hours and commence no later than thirty minutes before the end of the three day period in Stage shift. The employee shall be accompanied at such meeting by the Plant Committeeman and failing not more than two Grievance Stewards both of whom shall be from the Plant where such meeting is held. One of the Grievance Stewards shall be from the Department and, if not available at such Plant, shall come from the Plant closest to such Plant where such Xxxxxxx is available. An Industrial Relations repre- sentative and such other Company personnel as the Company may consider necessary to resolve the grievance shall accompany the Management Representative. The Management Representative hearing the griev- ance will give a satisfactory adjustment written decision within five daysdays from the date of the meeting to the with a copy for the Plant Committeeman and the Grievance Xxxxxxx handling the case. If the grievance is denied, then: the decision shall contain brief and concise reasons. A written summary of the Stage The Business Agent Two meeting (includ- ing the respective positions of each party and the facts agreed to or Union Representative shall take the matter up with the Management of in dispute at such meeting) will be pre- pared by the Company, or with a copy to the accredited representative or representatives Plant Committeeman. Stage Three If the matter is not satisfactorily disposed of, then a notice in writing requesting further consideration of the of or matter may within seven days after the accredited representative or representatives of the Management. The Union and decision by the Management may Representative at their discretion require Stage Two has been given or should have been given, be given by the employee or employees concerned, and Local Union to the members of the supervisory staff concerned in or having knowledge of the dispute, to appear before them and give evidence regarding the disputeManagement Representative desig- nated for Stage Three meetings. refer Stage may, within the following fifteen the matter to Arbitration. The employer will Such Management Representative shall notify the Local Union of the time and place of a meeting to consider the matter. Any such meeting shall be held within twenty-one days after the written notice of referral has been received. The Local Union shall be represented at such meeting by the General Grievance Committee. At any Stage Three meeting either party may require the attendance of the and/or a representative of the Union. The Company shall be represented at Stage Three meetings by Management Representatives, representatives of the Industrial Relations Department and such staff specialists as the Company requires. The Management Representative for Stage Three shall give his decision in writing to the Local Union within seven days from the date of the meeting. All Stage Three grievance meetings other than those held on a basis will be held at the time Company’s Copper Cliff offices for a maximum of discharge or suspension three days of an employeeeach week, giving the reasons for such discharge or suspension. A grievance arising from a Claim of unjust discharge or suspension may be processed not later than six days after receipt of notification. Where it has been finally established by an Arbitration Board than an employee has been improperly discharged or suspended, he shall be reinstated in his former job and the consideration of his grievance shall include the determination of the extent, if any, to which he shall be compensated for lost pay, and reimbursement for the premium cost of any health and welfare coverage currently in effect. Arbitration will in no way award redress exceeding that which the employee would have earned in the Company's employ had he not been improperly discharged or suspendedas required. If the Local Union notifies the Superintendent of Industrial Relations that there is, in its opinion, a back- log of Stage Three meetings, all Stage Three meetings will then be held on a basis to permit the holding of concurrent meetings. The Local Union shall be represented at such meetings by a Chief Grievance Xxxxxxx together with two Grievance Stewards. Such meetings will be held at the Company’s Copper Cliff offices, or at such other location(s) as may be agreed to between the employer has a Company and the Local Union, for up to three days each week. The meeting procedure shall continue until such time as the backlog of Stage Three grievance as defined meetings is, in Clause the opinion of the Local Union, eliminated. Regular days off of both the and the Management Representative involved at each stage, vacation time off of the and holi- days shall not be counted in determining the time with- in which any action is to be taken in each of the fore- going Stages One to Three. The Company will indicate by notice posted for each Department the Management Representatives desig- nated by it shall commence from time to time to handle matters in such Department at Stage Stages One and Two of the Grievance ProcedureProcedure and a copy of each notice posted in the Departments in the Plant shall be given to the Plant Committeeman. If no Management Representative shall have been designated by the Company for any of the stages through which a matter must proceed such matter may proceed directly to the next higher stage for which a Management Representative shall have been so des- ignated. Differences Between Company and Union Any differences arising between the Union and the Company from the interpretation, application, adminis- tration or alleged violation of the provisions of this Agreement, instead of following the procedure before set out, may be submitted in writing by either of such parties to the other, with opportunity for oral dis- cussion between the officers of the Local Union and the General Manager or his designated representative. At such discussion either party may require the atten- dance of a representative of the Union and/or not more than the three Chief Stewards. The parties shall within ten days from the giving of notice as aforesaid sign a memorandum of settlement, or, if the matter has not been satisfactorily adjusted, the party to whom the matter was submitted shall deliver to the other party a reply in writing to such submission. Time limits specified in fixed by this Article may be extended by mutual consent written agreement of the parties, Saturdays, Sundays, holidays specified in Article Company and an employee's scheduled day off shall not be included in any time limits of this Articlethe Union or the Local Union.

Appears in 1 contract

Samples: Letters of Agreement

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