Common use of AND ARBITRATION Clause in Contracts

AND ARBITRATION. For the purposes of this Agreement, a grievance or com- plaint 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 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 pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee the right, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence: 1Step The employee shall submit the grievance, writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement, then: S2tep Within five days following the decision under Step 1 the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union ▇▇▇▇▇▇▇ shall submit the written grievance to his Department Head, who will deliver his decision in writing within five 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 Head are the same person. Failing settlement, then:

AND ARBITRATION. For “Grievances” as used in this Agreement will be any matter relating to wages, hours or working conditions, including question of, or compliance with the purposes provisions of this Agreement and shall only relate to or concern any grievance which has arisen or arises subsequent to the date of this Agreement. Time limits as defined in this Grievance Procedure shall include only normal working days and shall not include Saturdays, a grievance Sundays, Vacation Days or com- plaint is defined as a difference arising either between a member of the bargaining unit Statutory Holidays and the Hospital or between the parties hereto relating to the 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 pro- visions of the Agreement which are alleged to have been vio- lated. At the such time formal discipline is imposed or at any stage of the grievance procedure an employee the right, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the shall notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the limits may be extended by mutual desire consent of the parties hereto that com- plaints shall be adjusted where application for such extension is made prior to the expiration of a time period as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaintdefined below. The may have the assistance of a union ▇▇▇▇▇▇▇ if he so desiresfirst (1st) selected by the employee will process the complaint or grievance to its conclusion and will be permitted the opportunity to discuss the problem with the employee prior to any meeting with the Supervisor. Such complaint shall be discussed Any employee with seniority in the bargaining unit having a problem with regard to his relationship with the Company under the terms of this CollectiveAgreement will meet and discuss any such problem with his immediate super- visor within five days after Supervisor in the circumstances giving rise to it have occurred or ought reasonably to have come to the attention presence of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence: 1Step The employee shall submit the grievance, writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement, then: S2tep Within five days following the decision under Step 1 the employee, accompanied by a union ▇▇▇▇▇▇▇, or the union shop ▇▇▇▇▇▇▇ of the employee’s choice prior to initiating a formal grievance and within five (5) working days of the incident giving rise to the problem. Should the ▇▇▇▇▇▇▇ or the employee be dissatisfied with the Supervisor’s verbal disposition of such complaint or request, the ▇▇▇▇▇▇▇ may, within two (2) working days refer such grievance in writing to the Supervisor who shall submit answer the written grievance to his Department Head, who will deliver his decision in writing within five days following two (2) working days. STEPTHREE In the day on which event the grievance was presented is not settled in Step One or Step the Shop ▇▇▇▇▇▇▇ may request a meeting with the Plant Manager, which is to himbe held within six (6)working days after the Union’s receipt of the Supervisor’s answer in Step Two and both the Company and the Union may have outside representatives present. This step Such meeting time shall be mutually set by the parties. If the grievance is not settled at the meeting in Step Three then either party may refer it to Arbitration within ten (10) days from the Union’s receipt of the Company’s answer in and in accordance with Articles to inclusive. The Company shall receive written notice within thirty (30) calendar days of any grievance that has been referred to arbitration. If notice is not received within the time specified the grievance shall be deemed to have been withdrawn unless the specified time limits have been extended by mutual consent of the parties where application for such extension is made prior to the expiration of a time period as defined below. The Union and/or the Company shall have the right to file a grievance of a policy within ten (10) days of the date of the incident coming to the attention of either party. A meeting between the appropriate representatives of the Company and the Union to discuss and attempt to resolve a policy grievance will be convened within five (5) working days of the filing of said grievance. Should the parties fail to reach a settlement of a policy grievance at this time, then either party may refer it to Arbitration within working days of this meeting and in accordance with Articles to inclusive. A sole arbitrator may be omitted where selected by the employee's immediate supervisor and Department Head are the same person. Failing settlement, then:parties within seven

AND ARBITRATION. For the purposes purpose of this Collective Agreement, the definition of a grievance shall be any complaint or com- plaint is defined as a difference arising either between a member of the bargaining unit claim concerning alleged violation, interpretation, application and the Hospital or between the parties hereto relating to the 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 pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee the right, upon request, to the presence of his/her ▇▇▇▇▇▇▇. In the case of suspension or discharge, the shall notify the employee of this right in advanceagreement. Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be adjusted as quickly as possible, and it is understood that If an employee has no grievance until any complaint or question which he has first given his immediate supervisor wishes to discuss with the opportunity of adjusting his complaint. The may have Company, he shall take the assistance of a union ▇▇▇▇▇▇▇ if he so desires. Such complaint shall be discussed matter up with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of supervisor, and the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following at his immediate supervisor's decision in the following manner and sequence: 1Step The employee shall submit the grievancediscretion, writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union ▇▇▇▇▇▇▇representative. If the complaint is not resolved to the satisfaction of the employee, a written grievance may be submitted to the Supervisor Leader not later than five of his working days the date of the incident. The immediate supervisor Supervisor or Team Leader will deliver his organize a meeting within five (5)days after receiving the grievance. and will respond within two (2) days after the meeting has been held. If no agreement is reached, then: The Union may at its discretion file the grievance with the General Manager within days after receiving the decision in The General Manager shall, within five (5) days of receipt of the written grievance, schedule a meeting (maximum days). A decision in writing will be given to the Union Committee live meeting. Within five days after receiving the decision from the Union Committee may request a meeting with the General Manager and outside representatives designated to represent the Local Union and the Company. A decision in writing will be given to the Union Committee within five days following of the day on meeting. It is understood that a grievance filed by the Union shall not include any matter upon which an employee would be personally entitled to grieve and the regular grievance procedure for personal grievance shall not be thereby by-passed. A union grievance may be submitted to the Company in writing, within twenty (20) days from the time the circumstances upon which the grievance is based were known to the Union. A meeting between the Company and the Union shall be held within ten days of the written grievance was presented to himand shall take place within the frame work of Step of this Article. Failing settlement, then: S2tep Within five The Company shall give its written decision within ten days following of such meeting. If the decision under is unsatisfactory to the Union, the grievance may be submitted to arbitration within thirty (30) days of receipt ofthe written answer and the arbitration sections of this Agreement shall be followed. A group grievance (defined as a grievance submitted by two or more employees dealing with the exact same issues and circumstances) will be filed at Step 1 of the employeegrievance procedure, accompanied and the time limits in the grievance procedure will Time Limits: Time limits may be changed by mutual agreement ofthe parties. When either party requests that a union ▇▇▇▇▇▇▇grievance be submitted to arbitration, or the union ▇▇▇▇▇▇▇ it shall submit the written grievance to his Department Head, who will deliver his decision make such request in writing within five days following addressed to the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor other party of this agreement, and Department Head are at the same persontime, name their nominee to the Board. Failing settlementWithin ten days the date of delivery of the foregoing notice, thenthe other party shall appoint its nominee to the arbitration board. In the event that either party shall fail to appoint a nominee to the Arbitration Board within the time limits provided, the other party may request the Minister of Labour of the Province of Ontario to appoint a nominee on behalf ofthe defaulting party. When a representative for both parties has been appointed, they shall communicate forthwith for the purpose of selecting an Arbitrator to act as Chairman. After the Arbitration Board has been formed it shall meet with all members present and hear the evidence of both parties, and render a decision as soon as possible after the completion of taking evidence. The Arbitration Board is to be governed by the following provision: