ARTICLE GRIEVANCE ARBITRATION Sample Clauses

ARTICLE GRIEVANCE ARBITRATION. For the purpose of this Agreement, a grievance or complaint 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 pro- visions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right 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 hereto that complaints 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 xxxxxxx if he so desires. Such complaint shall be discussed with his immediate super- visor within five (5) 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 (5) days, it shall then be taken up as a grievance within five (5) days following his immediate decision in the following manner and sequence. The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. 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: 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 Head are the same person. Failing settlement then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing t...
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ARTICLE GRIEVANCE ARBITRATION. The parties agree that they will use their best efforts to encourage informal, amicable and prompt settlement of complaints and grievances arising from the interpretation, application, administration or alleged of this Agreement. However, the parties recognize that one of the cornerstones of collective bargaining is a viable grievance procedure allowing for a prompt and fair hearing of matters arising from the interpretation, application, or alleged of the Agreement. Except as otherwise provided in this Agreement, the procedures outlined below shall be the sole method for the resolution of complaints or grievances arising from the interpretation, application, administration or alleged of this Agreement. A Representative of the Faculty Association shall have the right to be present at all steps of the grievance procedure and to represent the at all steps. Notwithstanding the preceding, however, only the Association and the University shall have the right to proceed with grievances beyond step : The parties shall be bound by and shall promptly implement all decisions arrived at under the procedures described in this Article All communications required by this Article to be in writing shall be delivered personally or by registered mail.
Sample 1
ARTICLE GRIEVANCE ARBITRATION. If the University or the Union requests that a grievance, as above provided, be submitted to arbitration, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint its nominee. Within ten (10) working days thereafter the other party shall appoint its nominee and notify the other party. The two nominees so nominated shall, within ten working days of the nomination of the latter of them, attempt to settle by agreement the selection of the third person to be a member and chairperson of the Arbitration Board. If they are unable to agree on such a chairperson, they may then request that the Minister of Labour for Ontario assist them in the appointment of a chairperson. In the event of default by either party in nominating their representative to the Arbitration Board, the other party may apply to the Minister of Labour for Ontario who shall have power to effect such appointment. No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties hereto will bear the fee and expenses of the nominee appointed by it and the parties will equally share the fees and expenses of the chairperson of the Arbitration Board. Notwithstanding any of the foregoing, where the parties agree in writing, the matter may be heard and determined by a sole arbitrator instead of a Board of Arbitration. In such a case, the provisions of this Article relating to the Board of Arbitration apply mutatis mutandis, and the parties shall share equally the fees and expenses of the arbitrator. The arbitration award shall be binding on the parties to this Agreement and any employees involved. Time limits provided in this Article may be varied or extended by specific written agreement of the parties in any particular proceeding.
Sample 1
ARTICLE GRIEVANCE ARBITRATION. For the purpose of this agreement, a grievance or complaint is defined as a difference relating to the interpretation, application, administration or alleged violation of this agreement, arising between a member of the bargaining unit and the Hospital or between the parties hereto. 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, to the presence of her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his 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 hereto that complaints 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. Such complaint shall be discussed with his immediate super- visor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing a satisfactory resolution within the five (5) days, it shall then be taken up as a grievance within five (5) days his immediate decision in the following manner and sequence:
Sample 1
ARTICLE GRIEVANCE ARBITRATION. There shall be an xxxxxxx effort on the part of both parties to this Agreement, to settle promptly through the procedure set out herein, any complaints, grievances, or disputes arising the interpretation, application, or administration of this Agreement. All grievances to be dealt with under Step below, shall be in writing, and signed by the Employee, the Union, and Management Representative having such grievance. Written grievances, to be valid, shall set out the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated, and the 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 taken within the time limits specified therein, or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be re-opened. Grievances properly arising under this Agreement shall be adjusted and settled as follows:
Sample 1
ARTICLE GRIEVANCE ARBITRATION. The parties to this Agreement believe that is important to adjust complaints and grievances as quickly as possible. Notwithstanding the provisions contained in this Article, any Nurse and/or the Association may present a complaint at any time without recourse to the formal written procedure described herein. In the event of a complaint by a Nurse covered by this Agreement that she has been discriminated against or discharged or disciplined without just cause or has been otherwise dealt with unjustly she may file a grievance against the Employer. All grievances shall be in writing and shall contain a statement of the facts giving rise to the grievance. Each grievance shall be filed in accordance with the procedure outlined in this Article within ten (10) working days from the occurrence of the circumstances which gave rise to it. The following shall be the procedure in processing and handling grievances.
Sample 1

Related to ARTICLE GRIEVANCE ARBITRATION

  • Grievance Arbitration Notwithstanding any other provision of this Agreement, for the purposes of this Article, an Employee has the right to grieve any filling of a vacancy or Assignment in the bargaining unit.

  • GRIEVANCE ARBITRATION PROCEDURE The grievance-arbitration procedure set forth in Sections 16.32 through 16.38 shall be applicable only to disputes arising under Division C of this article.

  • GRIEVANCE PROCEDURE & ARBITRATION 36.01 Any complaint, disagreement or difference of opinion between the Company and the Union, or the employees, which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement, shall be considered as a grievance.

  • GRIEVANCE AND ARBITRATION Casual employees have access to the grievance and arbitration procedures. (Reference Article 9 - Grievances and Article 10 - Arbitration.)

  • GRIEVANCE AND ARBITRATION PROCEDURE 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity.

  • GRIEVANCE AND ARBITRATION PROCEDURES 8.01 For the purposes of this Agreement, a grievance is defined as a difference arising between the parties related to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether a matter is arbitrable.

  • Step 3 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific time limitations specified in Steps 1 and 2 herein, the Union may submit the issue in writing to arbitration within fourteen (14) calendar days following the receipt of the written reply from the Director of Employee Relations and Employment or designee. After notification that the dispute is submitted for arbitration, the Employer and the Union shall attempt to agree on an arbitrator. If the Employer and the Union fail to agree on an arbitrator, the Union shall promptly request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one (1) name remains. The person whose name remains shall be the arbitrator.

  • Step 4 - Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party.

  • Arbitration of Grievances If a grievance brought under Division B (GRIEVANCES) of this Article is not resolved at Step Three of that procedure, the Association may submit the matter to arbitration. Notice of intent to arbitrate (Appendix D) must be filed with the President of the University within twenty (20) working days of the date of the decision at Step Three. If no notice of intent to arbitrate is filed within the time limit, the right to arbitrate is thereby waived.

  • Level Four - Arbitration A. If the Association is not satisfied with the disposition of the grievance at the Board level, it may within ten (10) days after the decision of the Board refer the matter for arbitration to the American Arbitration Association by filing a written demand for arbitration and request the appointment of an arbitrator to hear the grievance. If the parties cannot agree upon an arbitrator, he shall be selected in accordance with the rules of the American Arbitration Association.

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