AND ARBITRATION. For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline imposed or at any stage of the grievance procedure an employee shall have the right, upon request, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three ( 3 ) days. It is the mutual desire of the parties complaints shall be adjusted as quickly as possible, it is understood that an employee has no u n t i l has first given his immediate supervisor adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with immediate supervisor within five (5) days after circumstances giving rise to have occurred or ought reasonably to have come to attention of the employee. Failing settlement the five (5) it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision the following manner and sequence: STEP ONE The employee shall submit the grievance, in writing, and signed by him, to his supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. Failing settlement, then: STEP TWO Within five (5) days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department the same person. Failing settlement, STEP THREE Within five (5) days following the decision in the immediately preceding step, the grievance shall be in writing to the President or the designated Hospital represen...
AND ARBITRATION. Each representative of either the Employer or the Union shall be responsible for making prompt and xxxxxxx efforts to adjust grievances or misunderstandings between employees and the Employer. The Union and the Employer jointly acknowledge the right of any employee involved to present individual grievances directly to the representative of the Employer on an informal basis and to work out the settlement of such individual grievances. This right shall not be interpreted to include decisions as to wages, hours, and conditions which affect the bargaining unit as a whole or which will be contrary to the provisions of this Agreement. For purposes of the formal grievance and arbitration procedure, a grievance shall be defined as an allegation by the grievant or the Union that a specific provision or provisions of this Agreement has/have been breached in its application to the grievant. A grievance shall be in the form of a written statement stating the event or occurrence on which the grievance is based, including the date when such breach is alleged to have occurred and the specific contractual provision(s) alleged to have been breached, and shall set forth the remedy requested. A grievance shall be filed within ten (10) business days of the occurrence of the event or the date on which the grievant had or reasonably should have had knowledge of the event or conditions upon which the grievance is based. Once a grievance is filed, the Union xxxxxxx shall discuss it with the appropriate department head within five (5) business days. If the grievance is not resolved within five (5) days of that meeting, the grievance shall be considered denied and the Union may present the grievance to the Director of Event Operations within three (3) business days after the expiration of said five (5) business day period. lfno settlement is reached within five (5) days of presentation of the grievance to the Director of Event Operations, the grievance shall be considered denied, and the Union may submit a demand for arbitration to the American Arbitration Association within twenty (20) days after the expiration of said five (5) day period . Failure of the union to adhere to the time limits set forth herein shall be deemed a waiver of any grievance. Time limits may be modified by written agreement of the parties in any particular case. Should the union timely proceed to arbitration; the parties will follow the labor arbitration rules of the American Arbitration Association. Each sh...
AND ARBITRATION. 6:01 It is the mutual desire of the Parties hereto, that complaints of Employees shall be adjusted as quickly as possible. The Xxxxxxx or Supervisor shall be given the opportunity to adjust a complaint. When a complaint is reduced to writing it shall be termed a grievance. Jurisdictional disputes shall not be settled by this grievance procedure.
AND ARBITRATION. The Employer and the Union recognize that grievances may arise in respect (a) the interpretation, application, administration or alleged contravention of this Agreement, including whether or not a matter is arbitral; an alleged violation of a term or condition of this Agreement; disciplinary action resulting in reprimand, demotion or suspension; discharge; or
AND ARBITRATION. In the event that any employee alleges a violation of the Agreement, they shall have full recourse to the grievance procedure. The following shall be the recognized procedure for the progressive adjustment of disputes or grievances: within ten (10) full working days of the alleged grievance occurring or becoming apparent, the first step shall be taken. It is understood and agreed that any aggrieved employee has the right to be heard at meetings dealing with their case.
AND ARBITRATION. Nothing in this Indenture, and no waiver of the Issuer’s sovereign immunity pursuant to this Section shall be construed as a waiver of the sovereign immunity or exhaustion of tribal remedies by the Navajo Nation or any other instrumentality of the Navajo Nation, and no such waiver by the Issuer shall create any liability on the part of the Navajo Nation or any other instrumentality of the Navajo Nation for the debts and obligations of the Issuer, or shall be construed as a consent to the encumbrance or attachment of any property of the Navajo Nation or any other instrumentality of the Navajo Nation based on any action, adjudication or other determination of liability of any nature incurred by the Issuer. The acts and omissions of the Issuer, its directors, officers, employees and agents shall not create any liability, obligation or indebtedness either of the Navajo Nation or payable out of assets, revenues or income of the Navajo Nation. The Navajo Nation Council having authorized the Issuer to waive the Issuer’s sovereign immunity from suit, consents to suit in courts other than the courts of the Navajo Nation, and waives the requirement that Navajo Nation remedies be exhausted prior to such judicial or arbitral proceedings, and the Issuer agrees to dispute resolution in forums other than the courts of the Navajo Nation, as set forth in this Indenture. The Issuer further represents and agrees as follows:
AND ARBITRATION. (a) Any difference, dispute, or complaint raised by the Union or an employee with respect to the interpretation or application of the provisions of this Agreement shall be settled through the following steps:
AND ARBITRATION. It is the intent of this Agreement to adjust as quickly as possible any complaints or differences between the parties arising from the interpretation, application, administration or of this Agreement including any question as to whether a matter is arbitrable. It is understood that an employee has no grievance until he has first given his xxxxxxx an opportunity to adjust his complaint. If an employee has a complaint, he shall discuss it with his xxxxxxx within five (5) working days after the circumstances giving rise to the complaint have originated or occurred, or within five (5) working days of the time he reasonably ought to have known of the circumstances. The xxxxxxx communicate his reply to the complainant within three (3) working days and if not satisfied, the complainant may file a written grievance in the owing manner and sequence: Step No. The employee may submit a written grievance signed by him to the County Engineer within four (4) days after he has received the reply of the xxxxxxx. The nature of the grievance the remedy sought shall be clearly set out in the grievance. The County Engineer will deliver his decision in writing within five (5) working days the day on which the grievance was presented to him. Failing settlement, then:
AND ARBITRATION. There shall be an xxxxxxx effort on the part of both parties to this to settle promptly the procedure set out any complaints, or disputes arising application, administration of this All grievances to be dealt with under Step below, be in writing, and by the employee or the Union, having such grievance. Written to be valid, shall set out the nature of the grievance, the or Articles of the Agreement alleged to have been violated and nature of the remedy sought, and shall not be subject to change at later steps except by mutual agreement with the Employer, or in the case of remedy, by an Arbitration Board. Any time limits may be extended by agreement in writing. If the provisions of Article hereof are not within the time limits specified therein or as extended in as set out above, the grievance shall be deemed to have been abandoned and may not be reopened. Grievance properly arising under this Agreement be adjusted and as follows: STEP It is understood and that the or the employee does not have a grievance until the complaint has been discussed (where possible) the Xxxxxxx or Superintendent and given him the opportunity of with the complaint. This be done within fourteen (14) calendar days of the date the incident occurred. The employee have Xxxxxxx or Business Representative present if he so desires when presenting his STEP If the grievance is not fourteen (14) calendar days Step has been it be reduced to and be with by Management of the Employer and of the Union, or their delegated representatives. If within seven (7) calendar days of between Management of the Employer the Union the grievance has not been resolved, the matter may be submitted for Arbitration by either party. The Employer or the Union may submit a grievance at Step Any settlement agreed upon by both parties be binding upon the Employer, the Union, and the employee or employees concerned. grievance, including any question as to whether a matter is arbitral:
AND ARBITRATION. STEP3 Failing satisfactory settlement at Step the Union may refer the grievance to arbitration. A group grievance may be filed at Step and a Union or Policy grievance shall be filed at Step 'The party referring shall give to the other it intends to refer the matter to arbitration and .requestinga meeting to discuss the of agreement cannot reached within ten '.days,the 'following procedure The party 'referring the grievance shall give 'xxxxxx.xx the other party, ,indicating name and address of its appointee to Within seven (7) days after the receipt of such .notice, other' party.shall respond' by indicating the name and address of the Arbitration' Board. The two (2) so selected shall, within.ten (10) days after receipt of notice of the appointment of the second appoint a third shall .be the 'chairperson of the Arbitration Board. If the recipient of the appointee, or if the fail to upon a chairperson within the time limit, the :appointmentmay ,be by the Minister of Labour upon request.of either party. The Arbitrator shall mean the Sole Arbitrator or the Arbitration Board,as the case may be. The Arbitrator shall be governed by the following provisions: the Arbitrator shall hear.and determine the subject of the shall issue a decision:which is and binding the.parties upon any employee or employer affected it; the Arbitrator shall shall give full opportunity to all parties to the Arbitrator have the 'power to alter or. amend' any of. the. this Agreement.. the parties and the Arbitrator to the Employer's premiss to view conditions, machinery 'oroperations which may relevant to 'the resolution of a grievance.:'
