Common use of DISCIPLINE, GRIEVANCE, DISPUTE RESOLUTION AND ARBITRATION PROCESS Clause in Contracts

DISCIPLINE, GRIEVANCE, DISPUTE RESOLUTION AND ARBITRATION PROCESS. (1201) It is agreed that fruitless controversies must be avoided and every effort made to maintain good feeling and harmonious relations. To accomplish this, both parties will in every instance give prompt attention to disputes and will in good faith endeavour to settle all differences by conciliation. Under all circumstances business shall be continued in accordance with the contentions of the Employer in a regular and orderly manner, without interference or interruption. A. The parties agree that their interests are best served by the speedy resolution of issues in dispute. The common goal of the parties is to promote dispute resolution, mutual respect in the workplace, and good labour relations. To accomplish this, the Employer, the Union and the employees will in every instance give prompt attention to disputes and whenever possible, will endeavour to settle all differences at the level of management closest to the employee concerned prior to filing a grievance on the interpretation, application, or alleged violation or administration of the collective agreement. B. Both parties agree to make every reasonable effort to present grievances within 30 days following the circumstances which gave rise to the grievance, however, it is agreed by the parties that a grievance which is raised more than 90 calendar days following the circumstances which gave rise to the grievance shall be considered untimely and may be declared by either party as not grievable. C. Any dispute or disagreement, including any question as to whether a matter is arbitrable, that arises between the parties hereto shall first be raised by a union representative in the department to the management representative concerned. D. Grievances shall normally contain the following information: • The names of affected employees; • The time frame or date of the event giving rise to the grievance; • The nature of the grievance; • The remedy sought from the company; • Identification of the Article(s) allegedly violated; • Any other information. E. It is understood that the information above is important to the success of the grievance procedure and where possible should be included. F. First step – A first step meeting shall be scheduled within seven (7) days following the Union’s submission of the grievance. G. When a grievance is presented by the Union, the Union representative shall meet with the departmental manager or the departmental manager’s designate and attempt to resolve the grievance. At the discretion of the union, the grievor may or may not be in attendance at this meeting. H. The manager has seven (7) calendar days from this meeting in which to render a decision. The decision shall be in writing and shall provide the date of the decision and the specific reasons why the grievance is accepted or denied. I. Second step – If a grievance is not resolved at the first step of the grievance process, it may be submitted to the second step grievance committee for resolution. The grievance committee shall be comprised of representation from each party. J. Notice of the decision to proceed to a second step grievance committee shall be given to the Director of Labour Relations or to the employee designate within fourteen (14) calendar days of the decision at first step. The meeting shall be scheduled within fourteen (14) calendar days of the request. K. Following the second step grievance committee meeting, the Employer shall provide a decision in writing to the Union no later than seven (7) calendar days following the date of the meeting. The decision shall be in writing, provide the date of the decision and the specific reasons why the grievance is accepted or denied. L. The union shall be entitled to file a grievance at the second step of the grievance procedure in the event of termination of employment or another urgent matter. M. Time limits for the steps of the grievance and arbitration process may be extended only by mutual agreement. N. It is understood that the Employer may also file a grievance. In the event of a company grievance, the grievance procedure shall apply as if the Employer is the grieving party and the Union is the responding party. O. In an effort to promote cooperative and speedy resolution of grievances the parties may, by mutual consent, elect to use a mutually agreed upon alternative dispute resolution methods including mediation or expedited arbitration. P. The parties agree that these alternative dispute resolution methods shall be informal and the legalistic processes normally used in conventional dispute resolution shall not be used. Q. The Union agrees to advise the other party in writing of its intention to proceed with the grievance to arbitration within thirty (30) calendar days of the decision at the final stage of the grievance procedure or alternative dispute resolution process. R. It is agreed that the right to arbitrate shall be restricted and limited to issues pertaining to the application, interpretation, administration or alleged violation of the collective agreement. An arbitrator or arbitration board shall have no authority in any way to alter, modify, amend or extend the terms of this collective agreement or the terms and conditions herein. S. The parties agree that the grievance may be referred to a single arbitrator or an arbitration board for resolution and that the decision of the arbitrator or the arbitration board shall be final and binding upon the Employer, the Union and any employee affected by it. T. Where the parties agree to refer the grievance to a single arbitrator, the arbitrator will be selected in sequence from the list below, by the parties within 7 calendar days of the notice of arbitration (subject to availability). Both parties reserve the employee rights to expedited arbitration under Section 49 of the OLRA. The list of arbitrators shall be reviewed and agreed annually by the parties to the collective agreement. List of Arbitrators • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇▇▇ • ▇. ▇▇▇▇ • O. Shime • ▇. ▇▇▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇ • D. ▇▇▇▇▇▇▇ ▇. Where the parties agree to refer the grievance to an arbitration board, the union and the company shall each appoint a member of the board. The two members of the board will then in turn appoint a third person as chairperson. Should the two members of the board fail to appoint a chairperson within 7 calendar days of the employee appointment, the matter may be referred to the Ministry of Labour on the request of either party. V. The costs of the arbitration shall be shared equally between the Union and the Employer.

Appears in 1 contract

Sources: Collective Agreement

DISCIPLINE, GRIEVANCE, DISPUTE RESOLUTION AND ARBITRATION PROCESS. (1201) It is agreed that fruitless controversies must be avoided and every effort made to maintain good feeling and harmonious relations. To accomplish this, both parties will in every instance give prompt attention to disputes and will in good faith endeavour to settle all differences by conciliation. Under all circumstances business shall be continued in accordance with the contentions of the Employer in a regular and orderly manner, without interference or interruption. Under this Clause a contention shall not be set up to reduce the size of crews as stipulated in the Agreement. A. The parties agree that their interests are best served by the speedy resolution of issues in dispute. The common goal of the parties is to promote dispute resolution, mutual respect in the workplace, and good labour relations. To accomplish this, the EmployerCompany, the Union and the employees Employees will in every instance give prompt attention to disputes and whenever possible, will endeavour to settle all differences at the level of management closest to the employee Employee concerned prior to filing a grievance on the interpretation, application, or alleged violation or administration of the collective agreement. B. Both parties agree to make every reasonable effort to present grievances within 30 days following the circumstances which gave rise to the grievance, however, it is agreed by the parties that a grievance which is raised more than 90 calendar days following the circumstances which gave rise to the grievance shall be considered untimely and may be declared by either party as not grievable. C. Any dispute or disagreement, including any question as to whether a matter is arbitrable, that arises between the parties hereto shall first be raised by a union representative in the department to the management representative concerned. D. Grievances shall normally contain the following information: • The names of affected employeesEmployees; • The time frame or date of the event giving rise to the grievance; • The nature of the grievance; • The remedy sought from the company; • Identification of the Article(s) allegedly violated; • Any other information. E. It is understood that the information above is important to the success of the grievance procedure and where possible should be included. F. First step – A first step meeting shall be scheduled within seven (7) days following the Union’s submission of the grievance. G. When a grievance is presented by the Union, the Union representative shall meet with the departmental manager or the departmental manager’s his/her designate and attempt to resolve the grievance. At the discretion of the union, the grievor may or may not be in attendance at this meeting. H. The manager has seven (7) calendar days from this meeting in which to render a decision. The decision shall be in writing and shall provide the date of the decision and the specific reasons why the grievance is accepted or denied. I. Second step – If a grievance is not resolved at the first step of the grievance process, it may be submitted to the second step grievance committee for resolution. The grievance committee shall be comprised of representation from each party. J. Notice of the decision to proceed to a second step grievance committee shall be given to the Director of Labour Relations or to the employee his or her designate within fourteen (14) calendar days of the decision at first step. The meeting shall be scheduled within fourteen (14) calendar days of the request. K. Following the second step grievance committee meeting, the Employer Company shall provide a decision in writing to the Union no later than seven (7) calendar days following the date of the meeting. The decision shall be in writing, provide the date of the decision and the specific reasons why the grievance is accepted or denied. L. The union shall be entitled to file a grievance at the second step of the grievance procedure in the event of termination of employment or another urgent matter. M. Time limits for the steps of the grievance and arbitration process may be extended only by mutual agreement. N. . It is understood that the Employer Company may also file a grievance. In the event of a company grievance, the grievance procedure shall apply as if the Employer Company is the grieving party and the Union is the responding party. O. N. In an effort to promote cooperative and speedy resolution of grievances the parties may, by mutual consent, elect to use a mutually agreed upon alternative dispute resolution methods including mediation or expedited arbitration. P. O. The parties agree that these alternative dispute resolution methods shall be informal and the legalistic processes normally used in conventional dispute resolution shall not be used. Q. P. The Union agrees to advise the other party in writing of its intention to proceed with the grievance to arbitration within thirty (30) calendar days of the decision at the final stage of the grievance procedure or alternative dispute resolution process. R. Q. It is agreed that the right to arbitrate shall be restricted and limited to issues pertaining to the application, interpretation, administration or alleged violation of the collective agreement. An arbitrator or arbitration board shall have no authority in any way to alter, modify, amend or extend the terms of this collective agreement Collective Agreement or the terms and conditions herein. S. R. The parties agree that the grievance may be referred to a single arbitrator or an arbitration board for resolution and that the decision of the arbitrator or the arbitration board shall be final and binding upon the EmployerCompany, the Union and any employee Employee affected by it. T. S. Where the parties agree to refer the grievance to a single arbitrator, the arbitrator will be selected in sequence from the list below, by the parties within 7 calendar days of the notice of arbitration (subject to availability). Both parties reserve the employee his or her rights to expedited arbitration under Section 49 of the OLRA. The list of arbitrators shall be reviewed and agreed annually by the parties to the collective agreementCollective Agreement. List of Arbitrators • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇▇▇ • ▇. ▇▇▇▇ • O. Shime • ▇. ▇▇▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇ • D. ▇▇▇▇▇▇▇ ▇. Where the parties agree to refer the grievance to an arbitration board, the union and the company shall each appoint a member of the board. The two members of the board will then in turn appoint a third person as chairperson. Should the two members of the board fail to appoint a chairperson within 7 calendar days of the employee his or her appointment, the matter may be referred to the Ministry of Labour on the request of either party. V. U. The costs of the arbitration shall be shared equally between the Union and the EmployerCompany.

Appears in 1 contract

Sources: Collective Bargaining Agreement

DISCIPLINE, GRIEVANCE, DISPUTE RESOLUTION AND ARBITRATION PROCESS. (1201) It is agreed that fruitless controversies must be avoided and every effort made to maintain good feeling and harmonious relations. To accomplish this, both parties will in every instance give prompt attention to disputes and will in good faith endeavour to settle all differences by conciliation. Under all circumstances business shall be continued in accordance with the contentions of the Employer in a regular and orderly manner, without interference or interruption. A. The parties agree that their interests are best served by the speedy resolution of issues in dispute. The common goal of the parties is to promote dispute resolution, mutual respect in the workplace, and good labour relations. To accomplish this, the Employer, the Union and the employees will in every instance give prompt attention to disputes and whenever possible, will endeavour to settle all differences at the level of management closest to the employee concerned prior to filing a grievance on the interpretation, application, or alleged violation or administration of the collective agreement. B. Both parties agree to make every reasonable effort to present grievances within 30 days following the circumstances which gave rise to the grievance, however, it is agreed by the parties that a grievance which is raised more than 90 calendar days following the circumstances which gave rise to the grievance shall be considered untimely and may be declared by either party as not grievable. C. Any dispute or disagreement, including any question as to whether a matter is arbitrable, that arises between the parties hereto shall first be raised by a union representative in the department to the management representative concerned. D. Grievances shall normally contain the following information: • The names of affected employees; • The time frame or date of the event giving rise to the grievance; • The nature of the grievance; • The remedy sought from the company; • Identification of the Article(s) allegedly violated; • Any other information. E. It is understood that the information above is important to the success of the grievance procedure and where possible should be included. F. First step – A first step meeting shall be scheduled within seven (7) days following the Union’s submission of the grievance. G. When a grievance is presented by the Union, the Union representative shall meet with the departmental manager or the departmental manager’s designate and attempt to resolve the grievance. At the discretion of the union, the grievor may or may not be in attendance at this meeting. H. ▇. The manager has seven (7) calendar days from this meeting in which to render a decision. The decision shall be in writing and shall provide the date of the decision and the specific reasons why the grievance is accepted or denied. I. Second step – If a grievance is not resolved at the first step of the grievance process, it may be submitted to the second step grievance committee for resolution. The grievance committee shall be comprised of representation from each party. J. Notice ▇. ▇▇▇▇▇▇ of the decision to proceed to a second step grievance committee shall be given to the Director of Labour Relations or to the employee designate within fourteen (14) calendar days of the decision at first step. The meeting shall be scheduled within fourteen (14) calendar days of the request. K. ▇. Following the second step grievance committee meeting, the Employer shall provide a decision in writing to the Union no later than seven (7) calendar days following the date of the meeting. The decision shall be in writing, provide the date of the decision and the specific reasons why the grievance is accepted or denied. L. The union shall be entitled to file a grievance at the second step of the grievance procedure in the event of termination of employment or another urgent matter. M. Time limits for the steps of the grievance and arbitration process may be extended only by mutual agreement. N. It is understood that the Employer may also file a grievance. In the event of a company grievance, the grievance procedure shall apply as if the Employer is the grieving party and the Union is the responding party. O. In an effort to promote cooperative and speedy resolution of grievances the parties may, by mutual consent, elect to use a mutually agreed upon alternative dispute resolution methods including mediation or expedited arbitration. P. The parties agree that these alternative dispute resolution methods shall be informal and the legalistic processes normally used in conventional dispute resolution shall not be used. Q. The Union agrees to advise the other party in writing of its intention to proceed with the grievance to arbitration within thirty (30) calendar days of the decision at the final stage of the grievance procedure or alternative dispute resolution process. R. It is agreed that the right to arbitrate shall be restricted and limited to issues pertaining to the application, interpretation, administration or alleged violation of the collective agreement. An arbitrator or arbitration board shall have no authority in any way to alter, modify, amend or extend the terms of this collective agreement or the terms and conditions herein. S. The parties agree that the grievance may be referred to a single arbitrator or an arbitration board for resolution and that the decision of the arbitrator or the arbitration board shall be final and binding upon the Employer, the Union and any employee affected by it. T. Where the parties agree to refer the grievance to a single arbitrator, the arbitrator will be selected in sequence from the list below, by the parties within 7 calendar days of the notice of arbitration (subject to availability). Both parties reserve the employee rights to expedited arbitration under Section 49 of the OLRA. The list of arbitrators shall be reviewed and agreed annually by the parties to the collective agreement. List of Arbitrators • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇▇▇ • ▇. ▇▇▇▇ • O. Shime • ▇. ▇▇▇▇▇▇▇▇ • ▇. ▇▇▇▇▇▇ • ▇. ▇▇▇▇▇ • D. ▇. ▇▇▇▇▇▇▇ ▇. Where the parties agree to refer the grievance to an arbitration board, the union and the company shall each appoint a member of the board. The two members of the board will then in turn appoint a third person as chairperson. Should the two members of the board fail to appoint a chairperson within 7 calendar days of the employee appointment, the matter may be referred to the Ministry of Labour on the request of either party. V. The costs of the arbitration shall be shared equally between the Union and the Employer.

Appears in 1 contract

Sources: Collective Agreement