GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.
Appears in 12 contracts
Samples: Letter of Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 48 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.
Appears in 7 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievanceof any dispute between the Local Union or any of the persons subject to this Agreement and the Producer with regard to wage scales, submitting a grievance responsehours of employment or working conditions or with regard to the interpretation of this Agreement concerning such provisions, or appealing a grievance response falls on a Saturdaythe procedure, Sunday or university holidayunless otherwise specifically provided herein, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced as follows: Step One - The aggrieved party shall mail or deliver to writing, the other party a written notice of the claim and concurrently furnish a copy of such notice to the International Representative of the IATSE and Contract Services Administration Trust Fund. Such written notice shall be signed by the grievant(s), stating contain the specific Article(s) contract sections which are alleged to have been violated and clear explanation violated, the date(s) or approximate date(s) of the alleged violationviolation(s), sufficient the facts on which the grievance is based, the name of the production (if any), the remedy sought and the names of the individuals aggrieved, when known, except for group claims for which the classifications of the individuals aggrieved, when known, shall be listed. The party which has received the grievance shall, within fifteen (15) working days after the grievance has been received, respond in writing to allow processing of the aggrieved party, setting forth the reasons, if any, for the action(s) taken by it, which action(s) gave rise to the grievance. In Copies of such written response shall also be furnished to the case same parties served with the grievance. The representative of group grievances, the Local Union and the designated representative of Producer shall immediately discuss the matter and the grievance shall specifically enumeratebe settled if at all possible. The decision, if any, of such representatives shall be final and binding upon the parties and any employees concerned. A claim by name, the affected employees, when known. Otherwise, Local Union that the affected employees will be generically described (i.e., work location, classification, approximate number of employees) confirmation set forth in the grievance. Grievances shall second paragraph of Paragraph 6(a) of this Agreement has been violated by a Producer may be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand only upon the original elements and substance written approval of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step West Coast office of the grievance procedure within thirty (30) calendar days from International Union. Such written approval shall accompany the date of the requestclaim. If the party receiving the grievance fails to serve the written response as required by Step One, then the other party may elect to proceed directly to arbitration or to Step Two by serving a meeting is held at written demand upon the request of other party within five (5) working days after the grievant and/or the Union, any time limit for the Employer’s written response set forth below shall run from the date of the meetingwas due.
Appears in 5 contracts
Samples: Agreement of August, Agreement of August, Agreement of August
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that of any dispute between the Local Union or any of the persons subject to this Agreement and the Producer with regard to wage scales, hours of employment or working conditions or with regard to the interpretation of this Agreement concerning such provisions,1 the procedure, unless otherwise specifically provided herein, shall be as follows: Step One - The aggrieved party shall mail or deliver to the other party a deadline for filing written notice of the essential facts of the claim and concurrently furnish a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, copy of such action will be considered timely if it is taken by 5:00 p.m. on notice to the following business day designated Representative of the Local Union and Contract Services Administration Trust Fund (Monday – Fridayhereinafter "CSATF"). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation The representative of the alleged violation, sufficient to allow processing Local Union and the designated representative of Producer shall immediately discuss the grievance. In the case of group grievances, matter and the grievance shall specifically enumeratebe settled if at all possible. The decision, if any, of these representatives shall be final and binding upon the parties and any employees concerned. Step Two - If the grievance is not settled within five (5) working days following the invocation of Step One, the aggrieved party may proceed to Step Two, by namedelivering or mailing, within five (5) days thereafter, a written demand, which shall include a statement of the affected employeesparticulars of the claim, when knownupon the other party and upon the designated Representative of the Local Union and CSATF. OtherwiseFailure of the aggrieved party to so serve such demand shall constitute a waiver of the claim, unless the affected employees will be generically described (i.e., work location, classification, approximate number of employees) parties mutually stipulate otherwise in the grievanceStep Two. Grievances Such stipulation shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance made a part of the record. If the grievance is not settled within five (5) working days after the invocation of Step One and if the aggrieved party objects to submission of the dispute to Step Two, then it may proceed immediately to expedited or regular arbitration, as provided below, by delivering or mailing, within five (5) days thereafter, a written grievancerequest for expedited arbitration or a written demand for regular arbitration, as provided below. All grievances shall be processed in accordance with this Article and If the responding party objects to submission of the dispute to Step Two, it shall be so notify the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject other party at least three (3) days prior to the alternative procedures specifically outlined in their respective ArticlesStep Two hearing. At The aggrieved party shall thereupon have the request right to proceed to expedited or regular arbitration, as provided below, within ten (10) working days after receipt of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days such notice from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingresponding party.
Appears in 4 contracts
Samples: Agreement of August, Agreement of August, Agreement of August
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Grievances are defined as acts, omissions, applications Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or interpretations alleged his designee within fourteen calendar days after the circumstances giving rise to be violations the grievance have occurred or ought reasonably to have come to the attention of the terms employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or conditions discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the hospital at Step No. 3 within seven calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital's action in dismissing the employee, or reinstating the employee with or without full compensation for the time lost; or by any other arrangement which may be deemed just and equitable. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is such grievance may be submitted to arbitration as hereinafter provided. Grievances shall be filed If no written request for arbitration is received within thirty (30) eighteen calendar days of after the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the actiondecision under Step No. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it 3 is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievancesgiven, the grievance shall specifically enumerate, by name, be deemed to have been abandoned. Where such a written request is postmarked within sixteen calendar days after the affected employees, when knowndecision under Step No. Otherwise, the affected employees it will be generically described (i.e., work location, classification, approximate number of employees) in deemed to have been received within the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetinglimits.
Appears in 3 contracts
Samples: Collective Agreement, Part Time, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that of any dispute between the Union or any of the persons subject to this Agreement and the Employer with regard to wage scales, hours of employment or working conditions or with regard to the interpretation of this Agreement concerning such provisions, the procedure, unless otherwise specifically provided herein, shall be as follows: Step One - The aggrieved party shall mail or deliver to the other party a deadline for filing written notice of the essential facts of the claim and concurrently furnish a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, copy of such action will be considered timely if it is taken by 5:00 p.m. on notice to the following business day designated Representative of the Union and Contract Services Administration Trust Fund (Monday – Fridayhereinafter "CSATF"). Grievances The representative of the Union and the designated representative of Employer shall immediately discuss the matter and the grievance shall be reduced to writingsettled if at all possible. The decision, and if any, of these representatives shall be signed final and binding upon the parties and any employees concerned. Step Two - If the grievance is not settled within five (5) working days following the invocation of Step One, the aggrieved party may proceed to Step Two, by the grievant(s)delivering or mailing, stating the specific Article(swithin five (5) alleged to have been violated and clear explanation days thereafter, a written demand, which shall include a statement of the alleged violation, sufficient to allow processing particulars of the grievanceclaim, upon the other party and upon the designated Representative of the Union and CSATF. In Failure of the case aggrieved party to so serve such demand shall constitute a waiver of group grievancesthe claim, unless the parties mutually stipulate otherwise in Step Two. Such stipulation shall be made a part of the record. If such demand is so served, the grievance shall specifically enumeratebe brought before the Grievance Committee as soon as possible, by namebut not later than twenty (20) working days following the receipt of such notice. The Grievance Committee shall consist of a designated Representative of the Union and a representative of CSATF. The parties to the grievance shall be present and shall be responsible for the presentation of their own position at such time and place. Failure of either party to the grievance to comply with the foregoing requirements shall be deemed a waiver of the claim or waiver of any defense to the claim, as the affected employeescase may be. The Grievance Committee shall schedule the order of the grievances to be heard. The Grievance Committee will afford the parties an oral hearing on the merits of such grievance and render a written decision thereon within five (5) working days from the close of the hearing, when knownbut in no event later than twenty (20) working days after the hearing commenced. Otherwise, The Second Step shall be an informal one and for the affected employees will be generically described (i.e., work location, classification, approximate number purpose of employees) in resolving the grievance. Grievances The Committee shall determine its own rules and procedures. The decision of the Grievance Committee, if any, shall be filed at all steps of this procedure on final and binding upon the form identified parties and any employees concerned. Step Three - If no decision is rendered by the Grievance Committee within the above- mentioned period, by failing to agree or otherwise, then the parties may proceed to expedited or regular arbitration as provided below. In addition, if the Official Statement of Grievance Form. Once filedparties mutually agree to bypass Step Two, the Union shall not expand upon parties may proceed to expedited or regular arbitration as provided below, but the original elements and substance of the written grievance. All grievances time limits for doing so shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising as provided under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting"Step Two" above.
Appears in 3 contracts
Samples: ibew40.org, ibew40.org, ibew40cms.workingsystems.com
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsOne: The Union or any employee or group of employees who feels aggrieved concerning a violation, omissions, applications misinterpretation or interpretations alleged to be violations inequitable application of any of the terms or conditions provisions of this Agreement. Grievances shall be filed within thirty , may seek adjustments as follows: Step #1: Within seven (307) calendar days (excluding Saturdays and Sundays) after the occurrence of the date the grievant or the Union knows or by reasonable diligence should have known of the an alleged grievance, the Union shall submit such grievance in writing to the Section Supervisor. Within five (5) days (excluding Saturdays and Sundays) after the receipt of said notice, said Supervisor shall arrange to and shall meet with said Union for the purpose of adjusting or resolving such grievance. Such Supervisor shall render a decision within five (5) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the satisfaction of the Union, the Union may, within five (5) days (excluding Saturdays and Sundays) of such decision, initiate Step #2 of this procedure. Step #2: Further review of such grievance shall be made by presenting in writing such grievance to the Superintendent of Schools. Within ten (10) days (excluding Saturdays and Sundays) after receipt of said notice, the Superintendent or his delegate shall arrange to and shall meet with the Union for the purpose of adjusting or resolving such grievance. The Superintendent or his delegate shall render a decision in writing concerning such grievance within five (5) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the satisfaction of the Union, the Union may, within five (5) days (excluding Saturdays and Sundays) of such decision initiate Step #3 of this procedure. Step #3: Further review of such grievance shall be made by presenting in writing such grievance to the Board of Education of the Town of Fairfield. Within fourteen (14) days (excluding Saturdays and Sundays) after the Board receives such grievance, the Board shall have the option of meeting with the Union for the purposes of adjusting or resolving such grievance. The Board shall render a decision in writing concerning such grievance within twenty-one (21) days (excluding Saturdays and Sundays) after notification to it. If such grievance is not resolved to the satisfaction of the Union, the Union, may within ten (10) days (excluding Saturdays and Sundays) of such decision, initiate Step #4 of this procedure. Step #4: Further review of such grievance shall be made by submitting this dispute to arbitration by the American Arbitration Association within ten (10) days (excluding Saturdays and Sundays) of notification of the decision of the Board. The notice of arbitration shall include a brief statement of the issues to be decided by the arbitrator and the specific provisions of the agreement involved. Said Association shall hear and act on such dispute in accordance with its rules of voluntary labor arbitration. The decision of the arbitrator, if made in accordance with his jurisdiction and authority under this agreement, shall be final and binding on all parties. Section Two: The arbitrator shall not rule on any dispute which is not called specifically to the attention of the Board, or its representatives, in accordance with the aforesaid grievance procedure nor shall the arbitrator have any power to add to, subtract from, vary, modify or amend in any way, the terms of the Agreement. The time limits specified in the case preceding sections of discipline, within thirty (30) calendar days this article may be extended by agreement of all parties. The Union shall have the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will right to be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed present at all steps of this procedure on the form identified as procedure. Nothing contained herein shall prevent any employee from presenting his own grievance and representing himself, and all parties shall have the Official Statement right to representation by counsel at any stage of Grievance Formthe proceedings, after Step #2. Once filedThe fee of the arbitrator and the administration expense of the arbitration, if any, shall be shared by the Board paying 60% of said costs, and the Union shall not expand upon paying the original elements and substance remaining 40% of the written grievance. All grievances said cost but other expenses shall be processed in accordance with this Article borne by the party incurring them, including payments to representatives, witnesses, etc. The Board agrees that it will apply to all substantially similar situations the decision of an arbitrator sustaining a grievance and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union agrees that it will not bring or continue, and that it will not represent any employee in any grievance which is substantially similar to a grievance denied by the Employer representatives will take place at any step decision of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingan arbitrator.
Appears in 3 contracts
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsL9.1 An Employee who has a complaint relating to the interpretation, omissionsapplication, applications administration or interpretations alleged to be violations violation of the terms or conditions of this AgreementAgreement may discuss the complaint with the immediate Supervisor. Grievances Such a complaint shall be filed within thirty (30) calendar days brought to the attention of the date immediate Supervisor within twenty (20) days after the grievant Employee becomes aware or should have been aware of the circumstances giving rise to the complaint. The Employee and immediate Supervisor shall complete their informal discussions within five (5) days. Failing resolution of the complaint by informal discussion, the Employee may request the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting to lodge a grievance response, or appealing a as provided for herein. Step One The Union shall commit the grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by setting out the grievant(s), stating facts of the specific Article(s) alleged grievance together with the provisions of the Agreement claimed to have been violated and clear explanation indicate the relief sought. The signed grievance shall be sent to the Superintendent of the alleged violation, sufficient appropriate department within twenty (20) days of the Employee becoming aware of the circumstances giving rise to allow processing the grievance if the informal discussion stage is not utilized or ten (10) days after the informal discussion stage has been completed. The Superintendent or designate will meet jointly with the grievor and the Union Representative(s) within fifteen (15) days of receipt of the grievance. In The Superintendent or designate shall forward a written decision to the case Bargaining Unit Representative within fifteen (15) days of group grievances, the date on which the grievance shall specifically enumerate, by name, the affected employees, when knownmeeting was held. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed Step Two If no settlement is reached at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filedStep One, the Union shall not expand upon the original elements and substance may, within ten (10) days of receipt of the written grievancereply of the Associate Director, Organizational Support Services or designate, refer the matter to the Associate Director, Organizational Support Services or designate. All grievances If referred to a designate, the designate shall be processed in accordance with this Article and it shall not be the sole and exclusive method of resolving grievancessame individual who may have acted as a designate under Step One. HoweverThe Associate Director, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward Organizational Support Services or designate shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between meet with the Union and the Employer representatives will take place at any step Representative(s) within ten (10) days of receipt of the written request to discuss and endeavour to solve the problem. The Associate Director, Organizational Support Services or designate shall answer the grievance procedure in writing within thirty fifteen (3015) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting. Step Three If no settlement is reached, the Union may submit the grievance to arbitration within twenty (20) days of receipt of the response.
Appears in 3 contracts
Samples: Letter of Agreement, Letter of Agreement, Letter of Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts12.01 An Employee who has a complaint relating to the interpretation, omissionsapplication, applications administration or interpretations alleged to be violations violation of the terms or conditions of this AgreementAgreement may discuss the complaint with the immediate Supervisor. Grievances Such a complaint shall be filed within thirty (30) calendar days brought to the attention of the date immediate Supervisor within twenty (20) days after the grievant Employee becomes aware or should have been aware of the circumstances giving rise to the complaint. The Employee and immediate Supervisor shall complete their informal discussions within five (5) days. Failing resolution of the complaint by informal discussion, the Employee may request the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting to lodge a grievance response, or appealing a as provided for herein. Step One The Union shall commit the grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by setting out the grievant(s), stating facts of the specific Article(s) alleged grievance together with the provisions of the Agreement claimed to have been violated and clear explanation indicate the relief sought. The signed grievance shall be sent to the Executive Superintendent of the alleged violation, sufficient appropriate department within twenty (20) days of the Employee becoming aware of the circumstances giving rise to allow processing the grievance if the informal discussion stage is not utilized or ten (10) days after the informal discussion stage has been completed. The Executive Superintendent or designate will meet jointly with the grievor and the Union Representative(s) within fifteen (15) days of receipt of the grievance. In The Executive Superintendent or designate shall forward a written decision to the case Bargaining Unit Representative within fifteen (15) days of group grievances, the date on which the grievance shall specifically enumerate, by name, the affected employees, when knownmeeting was held. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed Step Two If no settlement is reached at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filedStep One, the Union shall not expand upon the original elements and substance may, within ten (10) days of receipt of the written grievancereply of the Executive Superintendent of the appropriate department or designate, refer the matter to the Executive Superintendent of Human Resource Services or designate. All grievances If referred to a designate, the designate shall be processed in accordance with this Article and it shall not be the sole and exclusive method same individual who may have acted as a designate under Step One. The Executive Superintendent of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward Human Resource Services or designate shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between meet with the Union and the Employer representatives will take place at any step Representative(s) within ten (10) days of receipt of the written request to discuss and endeavour to solve the problem. The Executive Superintendent of Human Resource Services or designate shall answer the grievance procedure in writing within thirty fifteen (3015) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting. Step Three If no settlement is reached, the Union may submit the grievance to arbitration within twenty (20) days of receipt of the response.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are For purposes of this Agreement, a grievance is defined as actsa difference arising between the parties relating to the interpretation, omissionsapplication, applications administration or interpretations alleged violation of the Agreement including any question as to whether a matter is arbitrable. At the time formal discipline is 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. It is the mutual desire of the parties hereto that complaints of employees 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 or she so desires. Such complaint shall be discussed with his immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step No. The employee, who may be accompanied by a xxxxxxx, may submit a written grievance signed by the employee to (designated by Hospital). The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violations of violated. The Union and the terms Hospital may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. The (designate) will deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement or conditions of this Agreementresponse, then: Step No. Grievances shall Within nine (9) calendar days following the decision in Step the grievance may be filed submitted in writing to the (designated by Hospital). A meeting will then be held between the (designate) and the Grievance Committee within thirty nine (309) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known submission of the alleged grievance, or grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the (designate) may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in the case of discipline, writing within thirty nine (309) calendar days following the date of such meeting. “A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances Agreement shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievanceoriginated at Step No. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described within fourteen (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (3014) calendar days from following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date of the requestdischarge or suspension is effected. If a meeting is held at Such special grievance may be settled under the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.Grievance or Arbitration Procedure by:
Appears in 2 contracts
Samples: Combined Me, Combined Me
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1For the purpose of this Article, unless otherwise specified, the reference to “Union” shall mean the xxxxxxx or unit chair. Grievances are defined as actsGrievance An employee shall have the right to grieve any complaint arising from the application, omissionsinterpretation, applications administration or interpretations alleged to be violations of the terms or conditions violation of this Agreement. Grievances It is understood that nothing contained in this Article is intended to preclude the informal discussion and review of employee concerns or complaints between employees and members of management. The parties recognize that the Canada Labour Code provides that any employee may present personal grievance to the Company at any time. Any such grievance may be subject to consideration and adjustment as provided in the following Articles on grievance procedure. No employee shall have a grievance until the employee, with the assistance of a Union representative if so desired, has met with his or her immediate Manager with the objective of resolving the complaint. Such a meeting shall occur not later then ten (10) days following the date from which the employee became aware or reasonably should have become aware of the event or circumstances giving rise to the complaint. A written response shall be filed made to the employee with a copy to the unit chair within thirty five (305) calendar working days of this meeting. If the matter is not resolved, the following shall be the procedure for the adjustment and settlement thereof STEP In the event the complaint is not resolved, a grievance may be taken up in the following manner and sequence provided it is presented within ten (10) days of the date Manager’s reply to the grievant or complaint: the Union knows or by reasonable diligence should have known of shall present the alleged grievancegrievance in writing, or in the case of disciplinean individual grievance, to the Departmental Manager (or designate) setting forth the nature of the grievance, and the remedy sought. The Departmental Manager or designate shall arrange a meeting with the Union within thirty ten (3010) calendar working days of the effective date receipt of the actiongrievance at which the griever, in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. The Departmental Manager, or designate may have such assistance at the meeting as is considered necessary. The Departmental Manager, or designate will give the National Representative and Unit Chair a decision in writing within ten (10) working days or less following the meeting with a copy to the griever and the Union. STEP In the event that a deadline for filing a grievance, submitting a the grievance response, is not resolved in STEP the grievance may be referred to he Director of Human Resources or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writingdesignate, and a Union National Representative and Unit Chair for further discussion and consideration within fifteen (15) working days. The Company shall be signed by provide the grievant(s), stating the specific Article(sNational Representative and Unit Chair with written notice of their decision within ten (10) alleged to have been violated and clear explanation working days of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant discussion and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsOne: The Union or any employee or group of employees who feels aggrieved concerning a violation, omissions, applications misinterpretation or interpretations alleged to be violations inequitable application of any of the terms or conditions provisions of this Agreement, may seek adjustments as follows: Step #1: Within fifteen (15) days (excluding Saturdays and Sundays) after the occurrence of an alleged grievance, the Union shall submit such grievance in writing to the Section Supervisor. Grievances Within ten (10) days (excluding Saturdays and Sundays) after the receipt of said notice, said Supervisor shall arrange to and shall meet with said Union for the purpose of adjusting or resolving such grievance. Such Supervisor shall render a decision within ten (10) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the satisfaction of the Union, the Union may, within ten (10) days (excluding Saturdays and Sundays) of such decision, initiate Step #2 of this procedure. Step #2: Further review of such grievance shall be filed made by presenting in writing such grievance to the Superintendent of Schools. Within ten (10) days (excluding Saturdays and Sundays) after receipt of said notice, the Superintendent or his delegate shall arrange to and shall meet with the Union for the purpose of adjusting or resolving such grievance. The Superintendent or his delegate shall render a decision in writing concerning such grievance within ten (10) days (excluding Saturdays and Sundays) of such meeting. If such grievance is not resolved to the satisfaction of the Union, the Union may, within ten (10) days (excluding Saturdays and Sundays) of such decision initiate Step #3 of this procedure. Step #3: Further review of such grievance shall be made by presenting in writing such grievance to the Board of Education of the Town of Fairfield. Within twenty (20) days (excluding Saturdays and Sundays) after the Board receives such grievance, the Board shall have the option of meeting with the Union for the purposes of adjusting or resolving such grievance. The Board shall render a decision in writing concerning such grievance within thirty (30) calendar days (excluding Saturdays and Sundays) after notification to it. If such grievance is not resolved to the satisfaction of the date Union, the grievant or Union, may initiate Step #4 of this procedure. Step #4: Further review of such grievance shall be made by submitting this dispute to arbitration by the Union knows or by reasonable diligence should have known American Arbitration Association within fifteen (15) days (excluding Saturdays and Sundays) of notification of the alleged grievancedecision of the Board. The notice of arbitration shall include a brief statement of the issues to be decided by the arbitrator and the specific provisions of the agreement involved. Said Association shall hear and act on such dispute in accordance with its rules of voluntary labor arbitration. The decision of the arbitrator, if made in accordance with his jurisdiction and authority under this agreement, shall be final and binding on all parties. Section Two: The arbitrator shall not rule on any dispute which is not called specifically to the attention of the Board, or its representatives, in accordance with the aforesaid grievance procedure nor shall the arbitrator have any power to add to, subtract from, vary, modify or amend in any way, the terms of the Agreement. The time limits specified in the case preceding sections of discipline, within thirty (30) calendar days this article may be extended by agreement of all parties. The Union shall have the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will right to be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed present at all steps of this procedure on the form identified as procedure. Nothing contained herein shall prevent any employee from presenting his own grievance and representing himself, and all parties shall have the Official Statement right to representation by counsel at any stage of Grievance Formthe proceedings, after Step #2. Once filedNotwithstanding the foregoing, only the Union shall not expand upon the original elements and substance of the written grievancecan advance a grievance to arbitration. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject The only parties to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between arbitration are the Union and the Employer representatives will take place at any step Board of Education. Nothing herein shall prohibit the Board from filing a grievance and/or advancing a grievance to arbitration as it deems appropriate. The fee of the grievance procedure within thirty (30) calendar days from arbitrator and the date administration expense of the requestarbitration, if any, shall be shared by the Board paying 60% of said costs, and the Union paying the remaining 40% of said cost but other expenses shall be borne by the party incurring them, including payments to representatives, witnesses, etc. If The Board agrees that it will apply to all substantially similar situations the decision of an arbitrator sustaining a meeting grievance and the Union agrees that it will not bring or continue, and that it will not represent any employee in any grievance which is held at substantially similar to a grievance denied by the request decision of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingan arbitrator.
Appears in 2 contracts
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are A grievance shall be defined as actsan alleged violation or dispute over the interpretation or application of any specific provision(s) of this Agreement The term working days shall refer to days Monday through Friday, omissions, applications or interpretations alleged to be violations excluding County Commission designated holidays. Members of the terms bargaining unit, Union Stewards on behalf of bargaining unit members or conditions of the Local Union, may file grievances under this AgreementArticle. Grievances If the grievant does not adhere to the grievance procedure time limits set forth below, the grievance shall be filed deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within thirty (30) calendar days of the date grievance procedure time limits set forth below, the grievant or grievance shall be advanced to the Union knows or next step. Grievance procedure time limits may only be extended by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the actionmutual written agreement. In the event that of a deadline for filing timeliness dispute, the only proof of an agreed to extension is a grievance, submitting a written agreement. Any grievance response, or appealing a grievance response falls presented under this Article shall be in writing on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, standardized grievance form and shall be signed by contain the grievant(s), stating the specific Article(s) alleged to have been violated name and clear explanation address of the alleged violationgrievant, sufficient to allow processing the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. In Grievance meetings conducted under this Article shall be held at times mutually agreeable to the case County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of group grievances, the grievance shall specifically enumerate, by namesuffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the affected employees, when knownparties shall be responsible for the compensation of their representatives attending the meeting. OtherwiseWhen the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the affected employees will be generically described (i.e.employee shall have the right to process a grievance under this Agreement, work locationbut cannot require arbitration of the grievance unless the law requires otherwise, classificationin which event, approximate number the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of employees) in the Union under this Article and any other Article that may apply to his/her grievance. Grievances shall Recognizing that grievances should be filed at all steps of this procedure on the form identified dealt with as the Official Statement of Grievance Form. Once filedexpeditiously as possible, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.as follows:
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts9.01 An Employee who has a complaint relating to the interpretation, omissionsapplication, applications administration or interpretations alleged to be violations violation of the terms or conditions of this AgreementAgreement may discuss the complaint with the immediate Supervisor. Grievances Such a complaint shall be filed within thirty (30) calendar days brought to the attention of the date immediate Supervisor within twenty (20) days after the grievant Employee becomes aware or should have been aware of the circumstances giving rise to the complaint. The Employee and immediate Supervisor shall complete their informal discussions within five (5) days. Failing resolution of the complaint by informal discussion, the Employee may request the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting to lodge a grievance response, or appealing a as provided for herein. Step One The Union shall commit the grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by setting out the grievant(s), stating facts of the specific Article(s) alleged grievance together with the provisions of the Agreement claimed to have been violated and clear explanation indicate the relief sought. The signed grievance shall be sent to the Superintendent of the alleged violation, sufficient appropriate department within twenty (20) days of the Employee becoming aware of the circumstances giving rise to allow processing the grievance if the informal discussion stage is not utilized or ten (10) days after the informal discussion stage has been completed. The Superintendent or designate will meet jointly with the grievor and the Union Representative(s) within fifteen (15) days of receipt of the grievance. In The Superintendent or designate shall forward a written decision to the case Bargaining Unit Representative within fifteen (15) days of group grievances, the date on which the grievance shall specifically enumerate, by name, the affected employees, when knownmeeting was held. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed Step Two If no settlement is reached at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filedStep One, the Union shall not expand upon the original elements and substance may, within ten (10) days of receipt of the written grievancereply of the Superintendent of the appropriate department or designate, refer the matter to the Executive Superintendent of Human Resource Services or designate. All grievances If referred to a designate, the designate shall be processed in accordance with this Article and it shall not be the sole and exclusive method same individual who may have acted as a designate under Step One. The Executive Superintendent of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward Human Resource Services or designate shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between meet with the Union and the Employer representatives will take place at any step Representative(s) within ten (10) days of receipt of the written request to discuss and endeavour to solve the problem. The Executive Superintendent of Human Resource Services or designate shall answer the grievance procedure in writing within thirty fifteen (3015) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting. Step Three If no settlement is reached, the Union may submit the grievance to arbitration within twenty (20) days of receipt of the response.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsWhere a difference arises between the parties here- to, omissions, applications or interpretations alleged to be violations between any of the parties hereto and any person upon whom this Agreement is binding, relative to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitral, or where an alle- gation is made that this Agreement has been violated, the mat- ter shall be adjusted under the following provisions. No adjustment of a complaint or settlement of a grievance shall be made that is inconsistent with the terms or conditions and provisions of this Agreement. Grievances No Employer, Employee, Association or Union shall make any private arrangements that may conflict with the terms and provisions of this Agreement. A time limit of sixty (60) calendar days from the actual knowledge of the grievance by the Business Representative shall apply to the filing of a grievance with respect to wage claims, contributions for welfare, pension or supplementary unemployment benefit plans, vacation and statutory holiday pay, deductions for union dues check- off or union dues supplement, contributions or deductions, whichever the case may be, for Union and Employer admin- istration funds, and for apprenticeship and training plans or funds. All time limits mentioned in the Grievance Procedure may be extended by mutual agreement in writ- ing. In determining time limits, other that the time limits for the filing of grievances, Saturday, Sunday, and Statutory Holidays shall be excluded. Where no answer is given with- in the time limits, the aggrieved party may proceed to the next step in the procedure. It is understood and agreed that an employee has no grievance until an opportunity has been given to adjust a complaint. The employee may discuss the matter, with or without the Xxxxxxx or Business Representative, with his xxxxxxx or other supervisory personnel. Failing settlement of a complaint with two (2) days, a grievance may proceed. in No grievance, except those grievances referred to shall be entertained by either party unless filed by the aggrieved party within thirty ninety (3090) calendar days of the date circumstances giving rise to its occurrence. All grievances shall set down the grievant or the Union knows or by reasonable diligence should have known nature of the alleged grievance, the article or in the case articles of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) this agreement alleged to have been violated and clear explanation the nature of the alleged violationremedy sought, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union and shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined change except by mutual agree- ment in their respective Articleswriting. At the request of either party, a meeting STEP ONE The grievance shall be discussed between the Union Xxxxxxx and Business Representative and the Employer representatives will take place at any step official of the employer named by the employer to handle grievance procedure at the Step. If a satisfactory settlement is not reached within thirty two (302) calendar days from the date it is filed, the grievance may be processed at at any time within five (5) days thereafter. STEP The grievance shall be filed with the Business Representative and with a representative of the requestapplicable local or trade employers' association. If a meeting satisfactory set- tlement is held at the request not reached within five (5) days of the grievant and/or date it is filed, the Uniongrievance may be processed to final and binding determination under section of the Ontario Labour Relations Act, at any time limit within thirty-five (35) days there- after. Monetary settlements of a grievance involving shall be forwarded to the Local Union for the Employer’s response set forth below shall run from the date of the meeting.dis- tribution to the
Appears in 1 contract
Samples: Provincial Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1The grievance procedure herein provided is among the most important matters in the successful administration of the Agreement. Grievances A grievance shall be defined as any difference arising out of the interpretation, application, administration or alleged violation of the collective agreement. Wherever the term procedure" is used in this Agreement, it shall be considered as including the arbitration procedure. All time limits referred to in the grievance procedure herein contained shall be deemed to mean "working days". Working days are defined as actsfrom Monday to Friday, omissionsexcluding statutory holidays, applications or interpretations alleged and not to be violations construed to mean grievers' working days. The time limits set out in both the grievance procedure and arbitration procedure shall be strictly observed by the parties to this Agreement, but may be extended by mutual consent. All grievances must be in writing, setting out the matter complained of, the provisions of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of Collective Agreement allegedly broken, the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writingremedy sought, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated griever and clear explanation a Xxxxxxx of the alleged violationUnion. A copy shall be sent to the respective manager. A complaint grievance by an employee, sufficient which has been settled, shall not again be made the subject matter of a complaint or grievance by that employee during the lifetime of the Agreement. A griever whose attendance is required at arbitration hearings shall receive permission with pay to allow processing be absent from work. The Union must make such request in writing one (1) week prior to the hearing. No grievance shall be considered where the circumstances giving rise to it occurred or originated more that seven (7) working days before the filing of the grievance. In Grievance shall be adjusted and settled as follows: Step The aggrieved employee shall present grievance, in writing, and may have the case Union Representative of group grievanceschoice present if the employee desires, to immediate supervisor (or to the person designated in authority in their absence) or other designate as advised by the Company. If settlement satisfactory to the employee concerned is not received by the employee in writing within seven (7) working days following the presentation of the grievance, the grievance shall specifically enumeratemay be presented as follows at any time within seven (7) working days, following receipt of the Step written reply. The aggrieved employee may present grievance to the Station Manager or other designate as advised by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, Company and may have the Union Representative of choice present if the employee desires. The Station Manager or designate shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed render decision in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. Howeverwriting, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.seven
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. 3601 Section 11 – General Principles 3602 Basic Means of Settling Grievances 3603 The following procedure shall be applied and relied upon by both parties as the basic means of seeking adjustment of and settling grievances. Grievances are defined Xxxxxxxxx, as actsreferred to in this Article, omissions, applications or interpretations alleged to be violations of the terms or conditions includes every dispute concerning interpretation and application of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievanceAgreement and/or any dispute concerning wages, hours, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievanceworking conditions. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward such disputes shall be subject to the alternative procedures specifically outlined grievance procedure. 3604 Time Limits 3605 Except for grievances alleging errors in their respective Articles. At wages, benefits errors, or discharge, each grievance arising under this Agreement shall be presented to the request of either party, a meeting between appropriate party within twenty-one (21) calendar days after the Union and the Employer representatives will take place at any step grievant had knowledge of the grievance event or should have had knowledge of the event. All discharge grievances shall be deferred immediately to Step Two of this procedure within thirty seven (307) calendar days from the date of the requestdischarge. Any grievance not timely filed is deemed waived by the aggrieved party. 3606 Both parties agree that the grievance and arbitration procedure should proceed as expeditiously as possible; however, by mutual agreement between the Union and the Employer, the time limits of any step of the grievance procedure may be extended and this extension must be confirmed in writing within the specified time limits. Both parties agree, however, to make their best effort to abide by the time limits outlined in this Agreement. In the event the Union fails to appeal a grievance in a timely manner, the grievance will be treated as “withdrawn” by the Union. If the Employer fails to respond to a meeting is held at grievance within the request time limits specified, the grievance may be appealed to the next step of the grievant and/or grievance procedure by the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.
Appears in 1 contract
Samples: nuhw.org
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications 2201 Any complaint or interpretations alleged to be violations dispute arising between a unit employee and the Employer concerning the interpretation or application of the terms or conditions provisions of this Agreement. Grievances , or any questions relating to hours of work, or other conditions of employment, shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed resolved in accordance with this Article. A grievant will be afforded a reasonable amount of official time to review and handle the grievance. Requests for official time must be made in accordance with the procedures outlined in Article and it shall be 13. A Union Representative who is also employed by the sole and exclusive method of resolving grievancesNaval Medical Center San Diego may not use official time to prepare or present a grievance on another employee’s behalf. However, grievances arising under Article 19 - No Discrimination he/she may submit a request for leave without pay to his/her immediate supervisor to perform such representational duties. Requests must be submitted in advance and Article 53 - Reclassification Upward/Downward shall may be subject to the alternative procedures specifically requirements outlined in their respective ArticlesArticle 13, Sections 1303-1305. At 2202 It is the request intent of either partythe Parties that differences should be resolved promptly, equitably, and whenever possible on an informal basis at the immediate supervisory level. The prompt settlement of complaints is desirable in the interest of sound labor-management relations. An informal verbal discussion of a complaint(s) between the employee and the immediate supervisor may be utilized prior to initiating a grievance. A Union Representative may attend such meetings when requested by the employee. As outlined in Section 2201 of this Article, a meeting between Union Representative is who is also employed by the Naval Medical Center San Diego is prohibited from using official time when preparing or presenting a grievance on another employee’s behalf. Regardless of the employee’s utilization of the informal verbal discussion referenced in this section, the grievance must be filed in writing within the twenty-eight (28) calendar day filing period as provided in Paragraph 2205 to be considered timely. 2203 This Article, except as required by law, or where specifically excluded, is the exclusive procedure for the adjustment of grievances filed by unit employees or by the Parties. Grievances may be presented and processed by: (a) an employee individually, in which case the Union and Representative shall have the Employer representatives will take place at any step of right to be present during the grievance procedure within thirty proceeding; (30b) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or an employee represented by the Union, any time limit for ; (c) the Employer’s response set forth below shall run from the date Union on behalf of the meeting.one or more unit employees;
Appears in 1 contract
Samples: Management Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1The grievance procedure herein provided is among the most important matters in the successful administration of the Agreement. Grievances A grievance shall be as any difference arising out of the interpretation, application, administration or alleged violation of the collective agreement. Wherever the term "grievanceprocedure" is used in this Agreement, it shall be considered as including the arbitration procedure. All time limits referred to in the grievance procedure herein contained shall be deemed to mean "working days". Working days are defined as actsMonday to Friday, omissionsexcluding statutory holidays, applications or interpretations alleged and not to be violations construed to mean grievers' working days. The time limits set out in both the grievance procedure and arbitration procedure shall be strictly observed by the parties to this Agreement, but may be extended by mutual consent. All grievances must be in writing, setting out the matter complained of, the provisions of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of Collective Agreement allegedly broken, the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writingremedy sought, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated griever and clear explanation a Xxxxxxx of the alleged violationUnion. A copy shall be sent to the respective manager. A complaint or grievance by an employee, sufficient which has been settled, shall not again be made the subject matter of a complaint or grievance by that employee during the lifetime of the Agreement. A griever whose attendance is required at arbitration hearings shall receive permission with pay to allow processing be absent work. The Union must make such request in writing one week prior to the hearing. No grievance shall be considered where the circumstances giving rise to it occurred or originated more that seven (7) days before the filing of the grievance. In Grievance shall be adjusted and settled as follows: Step The aggrieved employee shall present grievance, in writing, and may have the case Union Representative of group grievanceschoice present if the employee desires, to immediate supervisor (or to the person designated in authority in their absence) or other designate as advised by the Company. If settlement satisfactory to the employee is not received by the employee in writing within seven (7) days following the presentation of the grievance, the grievance shall specifically enumeratemay be presented as follows at any time within seven (7) working days, following receipt of the Step written reply. II The aggrieved employee may present grievanceto the Station Manager or other designate as advised by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, Company and may have the Union Representativeof choice present if the employee desires. The Station Manager or designate shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed render decision in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. Howeverwriting, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.seven
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are A grievance shall be defined as acts, omissions, applications an alleged violation or interpretations alleged to be violations dispute over the interpretation or application of the terms or conditions any specific provision(s) of this Agreement. Grievances The term working days shall refer to days Monday through Friday, excluding County Commission designated holidays. Members of the bargaining unit, Union Stewards on behalf of bargaining unit members or the Local Union, may file grievances under this Article. If the grievant does not adhere to the grievance procedure time limits set forth below, the grievance shall be filed deemed to have been abandoned and considered untimely. If the County does not respond to the grievance within thirty (30) calendar days of the date grievance procedure time limits set forth below, the grievant or grievance shall be advanced to the Union knows or next step. Grievance procedure time limits may only be extended by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the actionmutual written agreement. In the event that of a deadline for filing timeliness dispute, the only proof of an agreed to extension is a grievance, submitting a written agreement. Any grievance response, or appealing a grievance response falls presented under this Article shall be in writing on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, standardized grievance form and shall be signed by contain the grievant(s), stating the specific Article(s) alleged to have been violated name and clear explanation address of the alleged violationgrievant, sufficient to allow processing the nature of the grievance, the acts giving rise to the grievance and specific provisions of this Agreement allegedly violated, and the remedy requested. In Grievance meetings conducted under this Article shall be held at times mutually agreeable to the case County and the Union and as much as practicable shall be held during scheduled work hours. The grievant and any other employee(s) whom the County and the Union mutually agree are necessary to the resolution of group grievances, the grievance shall specifically enumerate, by namesuffer no loss of pay for scheduled work hours lost while attending grievance meetings; otherwise, the affected employees, when knownparties shall be responsible for the compensation of their representatives attending the meeting. OtherwiseWhen the Union refuses to process a grievance for an employee because of the employee's non- membership in the Union, the affected employees will be generically described (i.e.employee shall have the right to process a grievance under this Agreement, work locationbut cannot require arbitration of the grievance unless the law requires otherwise, classificationin which event, approximate number the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations of employees) in the Union under this Article and any other Article that may apply to his/her grievance. Grievances shall Recognizing that grievances should be filed at all steps of this procedure on the form identified dealt with as the Official Statement of Grievance Form. Once filedexpeditiously as possible, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.as follows:
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are A grievance is defined as actsa difference arising between the parties relating to the interpretation, omissionsapplication, applications administration or interpretations alleged to be violations violation of this agreement. It is the mutual desire of the terms parties that complaints and differences be dealt with in a quick fashion. A nurse xxxx discuss her complaint with her supervisor within seven calendar days after the circumstances have occurred or conditions ought reasonably to have come to the attention of this Agreementthe nurse. Grievances The supervisor shall reply within five calendar days. If the matter is not resolved, it shall be filed taken up as a grievance. The written grievance shall be submitted to the Executive Director or designate, within thirty (30) five calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the actionsupervisor’s reply. In the event that A meeting may be held to pursue a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing settlement of the grievance. In the case A reply shall be given within ten calendar days of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number receipt of employees) in the grievance. Grievances The parties may have representatives from outside. The time prior to referral to arbitration may be by the Association and/or the Employer to discuss and/or initiate a dispute resolution mechanism other than a three person Board of Arbitration. The parties may meet with a Grievance Mediator in order to attempt to resolve such grievance. The parties may refer any number of outstanding grievances to the Grievance Mediator for possible resolution. Each party shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance pay one half of the written grievancefees and expenses of the Grievance Mediator. All grievances shall Should the matter not be processed in accordance with this Article and resolved, it shall be referred to arbitration within ten calendar days of reply. The parties will first consider and thus may agree upon a sole arbitrator to hear the sole matter. If there is no agreement, then the parties shall notify one another in writing within a further ten calendar days, of the name of their respective nominee. Such nominees shall select a chair within a further ten calendar days. Should the parties or the nominees where applicable not be able to agree on the chair, then the Minister of Labour for the Province of Ontario shall appoint the chair. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. Once appointed, the Arbitration Board or single Arbitrator shall have all of the powers set out in Section of the Labour Relations Act including the power to mediate/arbitrate the grievance, the power to impose a settlement and exclusive method to limit evidence and submissions. The arbitrator shall not be to make a decision inconsistent with the provisions of resolving grievancesthis agreement, nor to alter, add to, or amend any part of this agreement. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward The proceedings will be expedited by the parties. There shall be subject a meeting at least forty-five calendar days prior to the alternative procedures specifically outlined in their respective Articlesscheduled hearing day to once again attempt to resolve the matter. At If the request matter is still not resolved, then the parties may agree to a Statement of either party, a meeting between Facts prior to the Union and the Employer representatives will take place at any step of hearing. All agreements reached under the grievance procedure within thirty (30) calendar days from by the date of parties shall be final and binding on the request. If a meeting is held at the request of the grievant and/or the Union, any time limit parties for the Employer’s response set forth below shall run from the date of the meetingthat grievance.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university University holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e.e.g., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer University representatives will take place at any step of the grievance procedure within thirty seven (307) calendar days from the date of the request. If a This meeting is held at the request of the grievant and/or the Union, shall not delay any time limit for the Employer’s response set forth below shall run from the date of the meetinglines.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1The Authority and the Alliance agree that discussions should occur between employees, the Alliance representatives and Authority representatives, when problems or differences arise, in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, Alliance representatives and Authority representatives. Where discussionsrelating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days. If any difference concerningthe interpretation, application, operation or any alleged violation of the Agreement arises between the Authority the Alliance, or between the and the Authority, it shall be processed according to the following grievance procedure. Nothing in this provision deprives of any rights or remedies to which they are entitled in any legislation, including the transfer legislation. Grievances are defined as actsinvolving the interpretation, omissionsapplication, applications operation or interpretations any alleged to be violations violation of the terms or conditions Agreement must have the approval and support of this Agreementthe bargaining agent. Grievances The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be filed within thirty (30) calendar days excluded. If the time limits set out in Complaint Step, Step or Step of the date grievance procedure are not complied with, then the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on as being abandoned, unless the following business day (Monday – Friday). Grievances shall be reduced to parties have mutually agreed, in writing, and shall be signed by to extend the grievant(s), stating time limits. If the specific Article(s) alleged Authority fails to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievancesmeet a time limit, the Alliance, at its option, may either advance the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined next step or await the Authority's response, in their respective Articleswhich case no time limit shall apply against the Alliance until it has received the Authority's response. At shall have the request of either party, a meeting between the Union and the Employer representatives will take place right to be represented at any step of the grievance procedure within thirty (30) calendar days from procedure. The and the date Alliance representative shall be given leave with pay to prepare for and attend such meetings. At either the Complaint Step or at Step the Authority representative may be assisted by a Human Resource representative. The Alliance shall be given full opportunity to present evidence and make representations throughout the grievance procedure. The Authority shall post the names and/or titles of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingappropriate designated Authority Representatives.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1Complaint An employee should discuss a complaint with the employee’s immediate supervisor before presenting a grievance. Grievances are defined as actsThe supervisor shall discuss the complaint with the employee in an attempt to resolve the issue. If an employee is not satisfied with the supervisor’s response to the complaint, omissionsthe employee may discuss the complaint with the Director of Security and Facilities Services. If an not want to discuss a complaint with the employee’s immediate the employee shall have the option of discussing any complaint directly with the Director of Security and Facilities Services. At the employee’s request, applications the employee may be accompanied by an Alliance Xxxxxxx at a meeting with the supervisor or interpretations alleged the Director of Security and Facilities Services. Where a group of employees has a complaint based on the same or similar circumstances, the group should first discuss the complaint with the immediate supervisor before presentinga group grievance. In this procedure, "days" means calendar days excluding Saturdays, Sundays and holidays. Grievance First Level If the employee, group of employees and/or the Alliance Xxxxxxx is not satisfied with the response received at the Stage and wishes to be violations submit a grievance, the Alliance may submit the grievance to the Director of the terms Security and Facilities Services or conditions of this Agreement. Grievances a delegate who shall be filed hold a hearing and reply in writing within thirty (30) calendar days 30)days. A copy of the date reply provided to the grievant Alliance Xxxxxxx at the same time as it to the employee or the Union knows or by reasonable diligence should have known group of employees. Second Level has been presented and has not been dealt of the alleged grievance, or in and/or the case of discipline, within thirty (30) calendar days of Alliance at the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievancesfirst level, the Representative has the present the grievance shall specifically enumerate, by name, at the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step second level of the grievance procedure within thirty (30) calendar days from the date of receipt of the request. If a meeting is held reply at the request first level. Grievances presented at this level of the grievant and/or grievance procedure shall be submitted to the Union, any time limit for the Employer’s response set forth below shall run from the date Department Chief or an authorized delegate of the meeting.E The Employer must and reply in writing grievance within thirty after the presentation of at the second level, unless the parties agree to extend the time limits. An Alliance Representative may present a policy grievance in order to obtain a declaratory decision. A policy grievance shall be presented at the second level of the grievance procedure. Referralto Arbitration
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1The Authority and agree that discussions should occur between employees, and Authority representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, representatives, and Authority representatives. Where discussions relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days. If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Authority and or or between the and the Authority, it shall be processed according to following grievance procedure. Nothing in this provision deprives of any rights or remedies to which they are entitled in any legislation including the transfer legislation. Grievances are defined as actsinvolving the interpretation, omissionsapplication, applications operation or interpretations any alleged to be violations violation of the terms or conditions agreement must have the approval and support of this Agreementthe bargaining agent. Grievances The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be filed within thirty (30) calendar days excluded. If the time limits set out in Complaint Step, Step or Step of the date grievance procedure are not complied with, then the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on as being abandoned, unless the following business day (Monday – Friday). Grievances shall be reduced to parties have mutually agreed, in writing, and shall be signed by to extend the grievant(s)time limits. If the Authority fails to meet a time limit, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violationat its option, sufficient to allow processing of the grievance. In the case of group grievances, may either advance the grievance to the next step or await the Authority's response, in which case no time limit shall specifically enumerate, by name, apply against it has received the affected employees, when knownAuthority's response. Otherwise, If the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed Authority submits a grievance in accordance with this Article and it these provisions apply equally to shall have the right to be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place represented at any step of the grievance procedure within thirty (30) calendar days from procedure. The and representative shall be given leave with pay to prepare for and attend such meetings. shall be given full opportunity to present evidence and make representations throughout the date of the requestgrievance procedure. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.Complaint:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1The best efforts of Company and Union representatives concerned shall be employed in resolving grievances. Any difference arising between the parties relating to the interpretation, application, or administration of this Agreement will be first taken up orally by the employee, and his Xxxxxxx, at the employee's request, with the employee's immediate Supervisor. After such discussion has taken place, any such complaints which remain unsatisfied may then be reduced to writing by the xxxxxxx, signed by the employee, and shall then constitute a grievance. Any request by the employee to discuss a complaint or grievance with his xxxxxxx shall be processed by the supervisor within a reasonable period of time, without undue delay (Definition of undue delay reasonable period of time is to mean two hours). It is agreed and understood that all complaints and grievances must be presented within five working days from the time the alleged breach of the Collective Agreement became known or should have become known to the aggrieved employee. A grievance arising from a complaint involving more than one employee will be considered a grievance, unless agreed otherwise by the employees, and will be processed starting at step one The names and clock numbers of all employees involved will be clearly indicated on the grievance. Either party may request a representative employee be present in discussion preceding step one It is agreed when the nature of the complaint is such that the xxxxxxx requires assistance, he request through the su- pervisor, the presence of the committeeman during such oral dis- cussion. STEP ONE The written grievance as defined above, shall be presented by the xxxxxxx on the form provided by the Company to the Supervisor, who will upon receipt of said grievance, initial the grievance and indicate the time and date received in the presence of the Union Representative. The Supervisor will personally render his decision to the Union Representative within three working days after the conclusion of the presentation of the grievance, providing an explanation, conclusion, and disposition in writing. At the time of filing the grievance it will be the Union representative's responsibility to number the grievance before forwarding the grievance to the Company. STEP TWO no agreement is reached at Step one of the grievance procedure, the Committeeperson appeal the grievance to the of Industrial Relations not later than three working days after the disposition at Step one The grievance will then be discussed at the grievance meeting held between the Plant Committee and the Company at the weekly Union/Management meeting per Article is agreed that the local National Representative or his designate may be present at Step Two the grievance procedure. Within five working days after the meeting between the parties, the Manager of Human Resources, or his designated representative shall personally render a decision properly dated and in writing to the Committeeperson. Any grievance not carried to the next step within the time limits prescribed herein or within exten- sions as may have been agreed to in writing, will automatically be deemed to have been settled on the basis of the last decision given by the Company. Grievances are defined not answered within the time limits, or within extensions as actsmay have been agreed to in writing, omissions, applications or interpretations alleged may be processed to be violations the next step of the terms grievance procedure. The Union may withdraw without precedent or conditions prejudice to any case, a grievance which has been referred to any step of this Agreementthe grievance procedure, and the may settle, without precedent or prejudice to any other case, a grievance which has been referred to any step of the grievance procedure. Grievances Where a grievance involves the payment of back wages, and the employee has sustained his charge, the Company will be required to pay back wages from the time mutually agreed upon during the settlement of the grievance, but never sooner than the established time the grievance was brought to the attention of the Company by the aggrieved employee. However, if circumstances of the case make it impossible for the employee to know that he had grounds for such claim prior to that date, the claim shall be filed within thirty (30) calendar limited retroactively to a period of twenty working days of prior to the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or claim was first filed in the case of discipline, within thirty (30) calendar days of the effective date of the actionwriting. In the event that a deadline for filing When an employee is to receive back-pay on a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. the company shall pay the employee on the regular pay following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing final disposition of the grievance. In The Plant Chairperson will be given a memorandum noting the case amount of group grievances, back- pay and the date such payment will be made to the employee. The payment shall be noted as a separate amount on the employee's stub or notice accompanying his/her pay cheque. Either party may submit a policy grievance. A policy grievance is defined and limited to one which alleges misinterpretation or violation of the provisions of this agreement and which could not otherwise be resolved at a lower step of the grievance shall specifically enumerate, by name, procedure because of the affected employees, when known. Otherwise, nature and scope of the affected employees will be generically described (i.e., work location, classification, approximate number subject matter of employees) in the grievance. Grievances Such grievances will be referred to the grievance procedure commencing at step two When a policy grievance has been upheld, the Company will be required to make back payment as provided for in Article A policy grievance may be submitted only by the Plant Chairperson or in his absence his designate on behalf of the Union or the Human Resources Manager or in her absence her designate on behalf of the Company. Employees will be paid for all time lost from their work at their prevailing hourly rate or while participating in the grievance procedure either as the griever or a witness, up to and including step two Should the Plant Union Committee or Company have matters other than grievances to discuss for the mutual benefit of the parties, such matters shall be filed discussed at all steps the meetings outlined in Article and only when an agenda is submitted at least two working days prior to the proposed meeting date. It is agreed the step two grievances may be discussed at such meetings by mutual agreement. With regard to work standards, an employee having given a new or revised standard a fair trial, and who believes the standard is not in proper relationship to other existing work standards, must register a complaint and explanation with the Supervisor by completing a rate complaint form. The supervisor will take it up with the Industrial Engineering Department who will investigate the complaint, in conjunction with the Union Time study, and so inform the employee of this procedure on its findings. If the form identified standard is revised as a result of the Official Statement of Grievance Form. Once filedcomplaint, the Union shall not expand upon new or revised standard will be retroactive to the original elements and substance date of the written grievancecomplaint. All grievances Any such rate complaint that remains unsatisfied may, within three working days of the complaint reply, be reduced to writing by the xxxxxxx, signed by the employee, and shall then constitute a grievance and be processed in accordance with this Article and ARBITRATION PROCEDURE If no agreement is reached at step two the grievance procedure, such grievance which has been properly processed through the grievance procedure or as per notice of movement form may be submitted to arbitration within fifteen working days after receipt of the given in writing on the grievance under step two When either party requests that any matter be submitted to arbitration, it shall at the same time nominate a sole arbitrator. Upon receipt of a written request to submit a dispute to arbitration and the nomination of a sole arbitrator, the other party shall agree to the proposed nominee or reject the proposed nominee. If the proposed nominee is rejected, an alternative arbitrator will be proposed, to the sole party requesting arbitration. The parties will endeavour to select a mutually acceptable arbitrator within ten working days of receipt of the request for arbitration. Should the parties be unable to agree to an arbitrator within ten working days, they will request the appointment of an arbitrator by the Ministry of Labour for the province of Ontario. The arbitrator shall not have the jurisdiction or authority to alter or modify any of the provisions of this agreement or substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and exclusive method provisions of resolving grievancesthis agreement. HoweverThe decision of the arbitrator shall be final and binding upon the parties and any employee affected by it. An arbitrator shall have the right to modify suspension and discharge action taken by the employer and take whatever action is just and equitable in the circumstances. Each party shall bear an equal share of the fees and expenses of the arbitrator. The Company shall bear the cost of Union representatives at the arbitration hearing at their prevailing hourly rate of pay or (Off Standard Allowance) for incentive employees. As an alternative to the regular arbitration procedure the parties shall have the option of mutually agreeing to refer a post second step grievance to a Grievance Commissioner in the following procedure: The employer arid union may agree in writing to the appoint- ment of a person or persons as a single arbitrator to be known as a Grievance Con-missioner (where more than one, acting in rotation) will set aside such time as may be requested by the employer and the union to consider and determine grievances arising under Article 19 - No Discrimination referred to him hereunder for final and Article 53 - Reclassification Upward/Downward binding arbitration. The Grievance Commissioner shall have the same powers and be subject to the alternative procedures specifically outlined same limitations as an arbitrator under clause Through the Grievance Commissioner, the parties desire the expeditious means for the effective disposition of grievances which the parties have agreed may be handled in their respective Articlesa manner. At The rules governing the request of either party, a meeting between the Union and the Employer representatives will take place at any step summary proceedings of the grievance procedure within thirty (30) calendar days from the date Grievance Commissioner are set out in article The decision of the requestGrievance Commissioner shall only be applicable in the case in question and shall not constitute a precedent nor be used by either party as a precedent in future cases. If a meeting is held at Notwithstanding anything contained in the request Agreement, the decision of the grievant and/or Grievance Commissioner shall: be consistent with the Union, any time limit for the Employer’s response set forth below shall run from the date provisions of the meetingthis Agree- ment.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are For purposes of the Collective Agreement, a grievance is defined as actsa difference arising between the parties relating to the interpretation, omissionsapplication, applications administration or interpretations alleged to be violations violation of the terms or conditions Agreement including any question as to whether a matter is arbitrable. For purposes of this Agreementarticle, reference to "days" relating to steps in the grievance and arbitration procedure shall exclude Saturdays, Sundays and paid holidays. Grievances A complaint that a probationary employee has been disciplined or discharged shall not constitute a difference between the parties under this agreement. It is the mutual desire of the parties hereto that complaints of employees shall be filed adjusted as quickly as possible. It is understood that an employee has no grievance until he has first given his immediate manager the opportunity of adjusting his complaint orally or in writing. If any employee has a complaint, he shall discuss it with his immediate manager within thirty five (305) calendar days after the circumstances giving rise to the complaint have occurred or ought to have reasonably come to the attention of the date employee. The manager shall give his response to the grievant or the Union knows or by reasonable diligence should have known complaint within five (5) days and, failing settlement, it may be then taken up as a grievance within five (5) days after being advised of the alleged grievance, or immediate manager's decision in the case of disciplinefollowing manner and sequence: If the employee wishes, within thirty (30) calendar days he may go directly to step of the effective date grievance procedure without following the process outlined above. If an employee decides to go directly to step he must file his grievance under step within five (5) days after the circumstances giving rise to the grievance have occurred or ought to have reasonably come to the attention of the actionemployee. In Step The employee, who may request the event that a deadline for filing a grievanceassistance of his xxxxxxx, submitting may present his grievance to his immediate manager. The grievance shall be in writing on a grievance response, or appealing a form approved by the Company and the Union. The grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s)employee and shall include the nature of the grievance, stating the specific Article(s) remedy sought and the provisions of the Agreement which are alleged to have been violated and clear explanation violated. Failing settlement, the immediate manager shall deliver his decision in writing within five (5) days following the presentation of the alleged violationgrievance to him. Failing Settlement: Within five (5) days after the decision in which Step is given, sufficient to allow processing the employee, who may request the assistance of the grievance. In the case of group grievancesxxxxxxx, may submit the grievance in writing to his Human Resources Manager or his designate who shall specifically enumeratedeliver his decision in writing within five (5) days following the presentation of the grievance to him. Where an employee's immediate manager and the Human Resources Manager are the same person, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances this step shall be filed omitted. Step Within five (5) days after the decision in Step the griever, who may have the assistance of the Union xxxxxxx, may submit the grievance in writing to the Store Manager or his designate. A meeting will then be held between the Store Manager or his designate and the employee and the Union xxxxxxx. Such meeting shall be held within five (5) days of submission of the grievance at all steps Step unless extended by agreement of this procedure on the form identified as the Official Statement parties. It is understood and agreed that a staff representative of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At present at such meeting at the request of either party, party and that the Company may also have such counsel and assistance as it may desire. The decision of the Store Manager or his designate shall be delivered in writing within five (5) days following the date of such meeting. It is agreed that a meeting policy grievance arising directly between the Union Company and the Employer representatives will take place Union shall be originated under Step and the time limits set out with respect to the step shall appropriately apply. It is understood, however, that the provisions of this section may not be used with respect to a remedy directly affecting an employee or employees and that the regular grievance procedure shall not be thereby bypassed. An arbitrator dealing with a grievance brought pursuant to this section is only authorized to issue a declaration. A claim by an employee who has completed his probation period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged with the Company at any step Step of the grievance procedure within thirty five (305) calendar days from the date of the requestdischarge or suspension is effected. If a meeting is held at Such grievance may be settled under the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.grievance or arbitration procedure by:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of For the terms or conditions purposes of this Agreement. Grievances shall be filed within thirty (30) calendar days , a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the date Agreement, including any question as to whether a matter is arbitrable. At the grievant time formal discipline is imposed, or the Union knows or by reasonable diligence should have known at any stage of the alleged grievancecomplaint stage, or in an employee shall have the case right upon request to the presence of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievancexxxxxxx. In the case of group grievancessuspension or discharge, the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until has first given immediate supervisor the opportunity of adjusting complaint. Such complaint shall be discussed with immediate supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee, and failing settlement within nine (9) calendar days following advice of immediate supervisor’s decision in the following manner and sequence: Step No. The employee may submit a written grievance signed by the employee to immediate supervisor. The grievance shall specifically enumerate, by name, identify the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step nature of the grievance procedure and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver decision in writing within thirty nine (309) calendar days following the day on which the grievance was presented to Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to Department Head who will deliver decision in writing within nine (9) calendar days from the date on which the written grievance was presented to The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or designee. A meeting will then be held between the Hospital Administrator or designee and the Grievance Committee within nine (9) calendar days of the requestsubmission of the grievance at Step No. If unless extended by agreement of the parties. It is understood and agreed that a meeting is held representative of the Canadian Union of Public Employees and the may be present at the request meeting. It is further understood that the Hospital Administrator or designee may have such counsel and assistance as may desire at such meeting. The decision of the grievant and/or the Union, any time limit for the Employer’s response set forth below Hospital shall run from be delivered in writing within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the meeting.Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately, they may present a group grievance in writing identifying each employee who is grieving to the Department Head or designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed probationary period that has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university University holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employeespolice officers, when known. Otherwise, the affected employees officers will be generically described (i.e.e.g., work location, classification, approximate number of employeesofficers) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer University representatives will take place at any step of the grievance procedure within thirty seven (307) calendar days from the date of the request. If a This meeting is held at the request of the grievant and/or the Union, shall not delay any time limit for the Employer’s response set forth below shall run from the date of the meetinglines.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsWhenever a difference arises between the parties concerning the interpretation, omissionsapplication, applications operation or interpretations alleged to be violations of the terms or conditions violation of this Agreement. Grievances , including a question as to whether or not a matter is arbitrable, or the dismissal or discipline of an employee is for just cause, the alleged grievance shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or dealt with in the case following manner without stoppage of discipline, within thirty (30) calendar days of the effective date of the actionwork. In the event that a deadline The time limits set out for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any each step of the grievance procedure are mandatory and may only be extended by mutual agreement in writing between the Employer and the Union. If the Employer or the Union does not present a grievance to the next higher level within either the prescribed time limit or the agreed extended time limit, the grievance will be deemed to be abandoned. Levels of the Grievance Procedure Level Within twenty-eight (28) calendar days of becoming aware of the matter giving rise to the complaint, the may submit a written grievance to the Shop Xxxxxxx who will submit it to the employee's immediate supervisor. Within twenty-one (21) working days of the receipt of the grievance, the Employer representative will provide a written response to the Level If a satisfactory answer has not been obtained, the may within twenty-one (21) calendar days of receipt of the decision at Level advance the grievance to the of the area in which the employee filing the grievance works who will consider the grievance and provide a decision, in writing, within twenty-one (21) calendar days. Level If a satisfactory answer has not been obtained, the may within twenty-one (21) calendar days of receipt of the decision at Level advance the grievance to the Departmental Manager who will consider the grievance and provide a decision, in writing, within twenty-one (21) calendar days. When the Employer dismisses an Employee, a grievance may be initially presented at Level In the event of a conflict of interest at any level, the Union or Employer shall have the right to initiate and present a grievance commencing at the next level. Grievances concerning matters of policy may be initiated at Level Subject to Article no proceedings under this Article are invalid by reason of any defect of form or any technical irregularity such as an incomplete grievance form, spelling error, or similar inconsistency, provided such errors or defects have no essential bearing on the substance of the grievance. If the grievance is not satisfactorily settled at Level the grievance may be referred to arbitration, within twenty-one (21) calendar days after the decision received at Level The parties agree that grievances will be heard by a single arbitrator who will be mutually agreed upon by the parties or, if the parties mutually agree, by a three person Arbitration Board. If mutual agreement is not reached by the parties to choose a single arbitrator or Chair of an Arbitration Board within thirty (30) calendar days from the date that either party receives notification of a wish to proceed to arbitration, the Minister of Labour shall be asked to appoint the single arbitrator, or Chair of the requestArbitration Board as necessary. This appointment shall be accepted by both parties. If the parties agree to utilize a meeting is held at three person Arbitration Board, then they each will appoint one person to the request Arbitration Board, with the Chair being selected as set out above. The Arbitrator or Arbitration Board has all the powers granted to arbitrators under the Canada Labour Code, in addition to any powers which are contained in this Agreement but shall not have the authority to alter or amend any of the grievant and/or provisions of this Agreement nor to substitute any new provisions in lieu thereof, nor to render any decision contrary to the Unionterms and provisions of this Agreement, any time limit for nor to increase or decrease wages. The Employer and the Employer’s response set forth below Union shall run from the date each pay one half of the meetingremuneration and expenses of the Arbitrator and each party shall bear its own expenses of every arbitration. The decision of the Arbitrator or Arbitration Board will be binding on both parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are A grievance is hereby defined as acts, omissions, applications any claim by the Union or interpretations alleged an employee relating to be violations the interpretation of or adherence to the terms or conditions and provisions of this Agreement. Grievances shall be filed within thirty (30) calendar days The steps in the grievance procedure are as follows: Step One The employee will informally discuss the grievance with the employee’s immediate supervisor. Representatives of the date Union shall also have the grievant or right to directly discuss the Union knows or by reasonable diligence should have known of grievance with the alleged grievanceEmployer in an attempt to resolve it. Step Two If the grievance is not resolved under Step One, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, shall specify in detail the alleged violation of the contract and shall be signed submitted to the Administrator. The written grievance must be submitted to the Employer within fourteen (14) calendar days following the date of occurrence. A grievance relating to pay shall be timely if received by the grievant(s), stating Employer within sixty (60) days after the specific Article(spay day for the period during which the grievance occurred. Within fourteen (14) alleged to have been violated and clear explanation calendar days following receipt of the alleged violationgrievance by the Union, sufficient representatives of the Employer and the Union shall meet in an attempt to allow processing of resolve the grievance. In The time for said meeting may be extended by mutual agreement. Step Three If the case of group grievancesgrievance is not resolved in Step Two, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number representatives of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure Good Samaritan Society shall meet within thirty fourteen (3014) calendar days from following the date meeting between the Employer and the Union as outlined in Step 2. The time for said meeting may be extended by mutual agreement. Step Four If the grievance is not resolved in Step Three, the Union may refer the matter to arbitration. Any demand for arbitration shall be in writing and must be received by the Employer within fourteen (14) calendar days following the Step Three meeting. A joint written request shall be made for the Federal Mediation and Conciliation Services to submit the names of five (5) qualified arbitrators, including personal history and arbitration experience of each. Upon receipt of such panel of arbitrators, the parties shall meet and with a toss of a coin, decide who shall strike first, then alternately until one name remains and that person shall be the arbitrator. The authority of the requestarbitrator shall be limited to making an award relating to the interpretation of or adherence to the written provisions of this Agreement and the arbitrator shall not have authority to add to, subtract from or modify in any manner the terms and provisions of this Agreement. If a meeting is held at the request The award of the grievant and/or arbitrator shall be confined to the issues raised in the written grievance and the arbitrator shall have no power to decide any other issue. The award of the arbitrator shall be made within sixty (60) calendar days following the close of the hearing. The award of the arbitrator shall be final and binding upon the Employer, Union and employees involved. The fees and expenses of the neutral arbitrator shall be divided equally between the Employer and the Union, any . The time limit for the Employer’s response limitations set forth below herein relating to the time for filing a grievance and the demand for arbitration shall run from be mandatory. Failure to follow said time limitations shall result in the date grievance being permanently barred, waived and forfeited and shall not be submitted to arbitration. The time limitations provided herein may be extended by mutual agreement of the meetingparties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions For purposes of this Agreement. Grievances shall be filed within thirty (30) calendar days , a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the date agreement including any question as to whether a matter is arbitrable. At the grievant time formal discipline is imposed or the Union knows or by reasonable diligence should have known at any stage of the alleged grievance, or in grievance procedure an employee shall have the case right upon request to the presence of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievancexxxxxxx. In the case of group grievancessuspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees 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 supervisor within nine (9) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: Step The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall specifically enumerate, by name, identify the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step nature of the grievance procedure and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within thirty nine (309) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the requestsubmission of the grievance at Step No. If unless extended by agreement of the parties. It is understood and agreed that a meeting is held representative of the Canadian Union of Public Employees and the may be present at the request meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the grievant and/or the Union, any time limit for the Employer’s response set forth below Hospital shall run from be delivered in writing within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the meeting.Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee( The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Time Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts12.01 An Employee who has a complaint relating to the interpretation, omissionsapplication, applications administration or interpretations alleged to be violations violation of the terms or conditions of this AgreementAgreement may discuss the complaint with the immediate Supervisor. Grievances Such a complaint shall be filed within thirty (30) calendar days brought to the attention of the date immediate Supervisor within twenty (20) days after the grievant Employee becomes aware or the Union knows or by reasonable diligence should have known been aware of the alleged grievance, or in circumstances giving rise to the case of discipline, complaint. The Employee and immediate Supervisor shall complete their informal discussions within thirty five (305) calendar days days. Failing resolution of the effective date complaint by informal discussion, the Employee may lodge a grievance as provided for herein. Step One An Employee desiring to submit a grievance shall, with the concurrence of the action. In Bargaining Unit, commit the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by setting out the grievant(s), stating facts of the specific Article(s) alleged grievance together with the provisions of the Agreement claimed to have been violated and clear explanation indicate the relief sought. The signed grievance shall be sent to the Executive Superintendent of the alleged violation, sufficient appropriate department within twenty (20) days of the Employee becoming aware of the circumstances giving rise to allow processing the grievance if the informal discussion stage is not utilized or ten (10) days after the informal discussion stage has been completed. The Executive Superintendent or designate will meet jointly with the grievor and the Union Representative(s) within fifteen (15) days of receipt of the grievance. In The Executive Superintendent or designate shall forward a written decision to the case Bargaining Unit Representative within fifteen (15) days of group grievances, the date on which the grievance shall specifically enumerate, by name, the affected employees, when knownmeeting was held. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed Step Two If no settlement is reached at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filedStep One, the Union shall not expand upon the original elements and substance may, within ten (10) days of receipt of the written grievance. All grievances shall be processed in accordance with this Article and it shall be reply of the sole and exclusive method Executive Superintendent of resolving grievances. Howeverthe appropriate department or designate, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject refer the matter to the alternative procedures specifically outlined in their respective ArticlesExecutive Superintendent of Human Resource Services or designate. At the request The Executive Superintendent of either party, a meeting between Human Resource Services or designate shall meet with the Union and the Employer representatives will take place at any step Representative(s) within ten (10) days of receipt of the written request to discuss and endeavour to solve the problem. The Executive Superintendent of Human Resource Services or designate shall answer the grievance procedure in writing within thirty fifteen (3015) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting. Step Three If no settlement is reached, the Union may submit the grievance to arbitration within ten (10) days of receipt of the response.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions For purposes of this Agreement. Grievances shall be filed within thirty (30) calendar days , a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the date agreement including any question as to whether a matter is At the grievant time formal discipline is imposed or the Union knows or by reasonable diligence should have known at any stage of the alleged grievance, or in grievance procedure an employee shall have the case right upon request to the presence of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievancehis/her xxxxxxx. In the case of group grievancessuspension or dis- charge the Hospital shall notify the employee of this right in advance, It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is under- stood 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 supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine calendar days, it shall then be taken up as a grievance within nine calendar days following advice of his immediate supervisor’s decision in the following manner and sequence: Step No. 1 The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall specifically enumerate, by name, identify the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step nature of the grievance procedure and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated, The immediate supervisor will deliver his decision in writing within thirty (30) nine calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. 2 Within nine calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine calendar days from the date of on which the requestwritten grievance was presented to him. If The par ties may, if they so desire, meet to discuss the grievance at a meeting is held at time and place suitable to both parties. This step may be omitted where the request of employee’s immediate supervisor and Department Head are the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.same
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions For purposes of this Agreement. Grievances shall be filed within thirty (30) calendar days , a grievance is defined as a difference arising between the parties to the interpretation, application, administration or alleged violation of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that Agreement including any question as to whether a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it matter is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articlesarbitrable. At the request of either party, a meeting between the Union and the Employer representatives will take place time formal is imposed or at any step stage of the grievance procedure an employee have the right upon request to the presence of xxxxxxx. In the of suspension or discharge the Hospital shall the employee of this right in advance. is the mutual desire of the parties hereto that of employees shall be adjusted as quickly as possible, and it is understood that an employee no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate within thirty nine (309) calendar days after the circumstances giving rise to it have occurred or ought reasonably to have to the attention of the employee and failing within nine (9) days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate decision in the following manner and sequence: The employee may submit a written grievance signed by the employee to his immediate The grievance shall the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. nine calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire,meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within nine calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital or designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the requestsubmission of the grievance at Step No. If unless extended by agreement of the parties. It understood and agreed that a meeting is held representative of the Canadian Union of Employees and the be present at the request meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at meeting. The decision of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the be delivered in Writing within nine (9) days following date of such meeting. A complaint or grievance arising directly between the meeting.Hospital and Union concerning the interpretation, application or alleged violation of Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstancesgiving rise to the complaint or grievance. It is expressly however, that the provisions of may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or reasonablyto have come to attention of the The grievance then be treated as being initiated at Step No. and the applicable provisions of this Article shall then with respect to the processing of such grievance. The or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Hospital at Step No. within seven (7) calendar days afterthe date the discharge or suspension is effected. Such grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions For purposes of this Agreement. Grievances shall be filed within thirty (30) calendar days , a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the date agreement including any question as to whether a matter is At the grievant time formal discipline is imposed or the Union knows or by reasonable diligence should have known at any stage of the alleged grievance, or in grievance procedure an employee shall have the case right upon request to the presence of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievancehis/her xxxxxxx. In the case of group grievancessuspension or dis- charge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is under- stood 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 supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and failing settlement within nine calendar days, it shall then be taken up as a grievance within nine calendar days following advice of his immediate supervisor’s decision in the following manner and sequence: Step No. 1 The employee may submit a written grievance signed by the employee to his immediate supervisor. The grievance shall specifically enumerate, by name, identify the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step nature of the grievance procedure and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his decision in writing within thirty (30) nine calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. 2 Within nine calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine calendar days from the date on which the written grievance was presented to him. The par ties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. 3 Within nine calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine calendar days of the requestsubmission of the grievance at Step No. If 3 unless extended by agreement of the parties. It is understood and agreed that a meeting is held representative of the Canadian Union of Public Employees and the may be present at the request meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the grievant and/or the Union, any time limit for the Employer’s response set forth below Hospital shall run from be delivered in writing within nine calendar days following the date of such meeting. A complaint or grievance arising directly between the meeting.Hospital and the Union concerning the interpretation , application or alleged violation of the Agreement shall be originated at Step No. 3 within fourteen calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the employee(s). The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the hospital at Step No. 3 within seven calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1The Authority and agree that discussions should occur between employees, representatives and Authority representatives when problems or differences arise in an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, representatives, and Authority representatives. Where discussions relating to problems or differences occur, the time limits in the Complaint Step will be extended by the appropriate number of days. If any difference concerning the interpretation, application, operation or any alleged violation of the Agreement arises between the Authority and or or between the and the Authority, it shall be processed according to following grievance procedure. Nothing in this provision deprives of any rights or remedies to which they are entitled in any legislation including the transfer legislation. Grievances are defined as actsinvolving the interpretation, omissionsapplication, applications operation or interpretations any alleged to be violations violation of the terms or conditions agreement must have the approval and support of this Agreementthe bargaining agent. Grievances The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be filed within thirty (30) calendar days excluded. If the time limits set out in Complaint Step, Step or Step of the date grievance procedure are not complied with, then the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on as being abandoned, unless the following business day (Monday – Friday). Grievances shall be reduced to parties have mutually agreed, in writing, and shall be signed by to extend the grievant(s)time limits. If the Authority fails to meet a time limit, stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violationat its option, sufficient to allow processing of the grievance. In the case of group grievances, may either advance the grievance to the next step or await the Authority's response, in which case no time limit shall specifically enumerate, by name, apply against until it has received the affected employees, when knownAuthority's response. Otherwise, If the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed Authority submits a grievance in accordance with this Article and it these provisions apply equally to shall have the right to be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place represented at any step of the grievance procedure within thirty (30) calendar days from procedure. The and representative shall be given leave with pay to prepare for and attend such meetings. shall be given full opportunity to present evidence and make representations throughout the date grievance procedure. The Authority shall post the names and/or titles of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingappropriate designated Authority Representatives.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1A Grievance is a difference arising only from the interpretation, administration, application or alleged violation of this Agreement including any questions as to whether the matter is An employee may lodge a grievance against his employer. Grievances are defined as actsThe processing of such grievance shall be processed commencing with step one below. A grievance of an employee, omissions, applications or interpretations alleged to be violations of considered, must be lodged with his employer within two working days following the terms or conditions of this Agreementincidence giving rise to the griev- ance. Grievances Step One: An employee having a grievance shall be filed within thirty (30) calendar days of first discuss the date the grievant matter with his employer or the Union knows or by reasonable diligence should employer repre- sentative in an effort to have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the actionmatter resolved. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. The Employer shall give his position on the following business day (Monday – Friday)grievance within two working days. Grievances Step Two: If a satisfactory settlement is not reached at Step one, the grievance shall be reduced to writing, writing and shall be signed by the grievant(s)setting out the nature of the grievance, stating the specific Article(s) Article of this Agreement alleged to have been violated and clear explanation the remedy sought. The Lo- cal Union with the in attendance shall meet with the Employer within three working days of receipt of his answer to Step One in an attempt to settle the difference. The Employer shall give an answer within three working days of this meeting. If a settlement is not reached, the matter shall be brought before the Local Joint Conference Board within three working days of receipt by the Local Un- ion of the alleged violationanswer referred to in Step Two above, sufficient or such time as is mutually agreedupon. A grievance arising between an employer, the Lo- cal Trade Association or the Union shall be in writing and signed by the setting forth particulars of the the Article of this Agreement have been the nature of-the rem- edy sought by the and forwarded to allow processing the party against whom the grievance is made. A meeting shall be convened with all parties to the dispute within three working days of receipt of the grievance. If a settlement is not arrived at during this meeting or within such time as the parties mutually agree, the matter shall be forwarded to the Local Joint Confer- ence Board. The Local Joint Conference Board shall convene within five working days of receipt of a grievance. In matters touching upon the interpretation of this Agree- ment, the Board shall forward the grievance along with their recommendations to the Provincial Joint Confer- ence Board. On all other matters the Local Board shall endeavour to arrive at a settlement. If no settlement can be reached, the matter may be referred to Arbi- tration. In order for the Local Joint Conference Board set- tlement of a grievance to be used by any party as a precedent in future cases, it must be filed with the Provincial Joint Conference Board for their unanimous concurrence. In the case event of group grievancesfailure to obtain such unanimous concurrence a settlement shall be treated as being only applicable to the facts in question. Any grievance involving the interpretation of this Agreement shall be dealt with only by the Provincial Joint Conference Board, such Board shall convene within five working days of receiving the grievance and shall render a decision. If no settlement can be reached, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will matter may be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject referred to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingArbitration.
Appears in 1 contract
Samples: Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications or interpretations alleged to be violations of Any dispute concerning the terms or conditions interpretation of this Agreement. Grievances Agreement or its application or any dispute regarding wages, hours and working conditions, to the extent the same are within the scope of this Agreements shall be filed adjusted as follows: The employee shall first attempt to resolve the issue with his/her immediate supervisor or other representative designated by the Employer within thirty seven (307) calendar days of the date of occurrence or when the grievant or employee and/or the Union knows knew or by reasonable diligence reasonably should have known or the basis for the grievance or the grievance shall be deemed waived. The employee may request the presence of a Union Xxxxxxx who shall be part of any attempted settlement. A grievance relating to disciplinary suspension or discharge shall be presented in writing, by the alleged grievance, Union or in the case of disciplineemployee, within thirty five (305) working days or shall be deemed waived. A Union representative and Employer shall within seven (7) calendar days from receipt of such written notice attempt to reach a settlement. If the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it matter is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting settled between the Union and the Employer representatives will take place at any step of the grievance procedure Operations or General Manager within thirty seven (307) calendar days from the date receipt of the requestwritten notice, the dispute shall be submitted to a Board of Adjustment for final and binding arbitration. If The Board of Adjustment shall consist of two (2) members to be appointed by the Employer, two (2) members to be appointed by the Union and the fifth (5th) member who shall be a meeting is held at neutral arbitrator mutually agreed upon by the request Employer and Union. Employer members shall not be employed by Vacaville Sanitary Service and Union members shall not be officers or members of Local 315. Commencing January 1, 2008, the grievant and/or neutral member shall be Arbitrator Xxxxx Xxxxxx. Arbitrator Silver shall be appointed for a one (1) year period. Thereafter the Union, any time limit parties may agree to renew the appointment of Mr. Silver or select a new arbitrator who shall sit for the Employer’s response set forth below next one (1) year. Neither said Board of Adjustment nor said fifth (5th) member shall run be authorized or empowered to modify, amend, revise, add to, delete from or otherwise alter the date terms of the meetingthis Agreement.
Appears in 1 contract
Samples: Teamsters and Chauffeurs
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are For purposes of this Agreement, a grievance is defined as actsa difference arising between the parties relating to the interpretation, omissionsapplica- tion, applications administration or interpretations alleged violation of the agreement including any questions as to whether a matter is arbitrable. At the time formal discipline is 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. It is the mutual desire of the parties hereto that complaints of employees 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 supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reason- ably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the follow- ing manner and sequence: Step No. The employee may submit a written grievance signed by the employee to his immediate supervisor. grievance shall identify the nature of the grievance and the remedy sought and should The identify the provisions of the Agreement which are alleged to be violations of violated. The immediate supervisor will deliver his decision in writing within nine calendar days following the terms day on which the grievance was presented to him. Failing settle- ment, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Chief Executive Officer or conditions of this Agreementhis designee. Grievances shall A meeting will then be filed held between the Hospital Chief Executive Officer or his designee and the Grievance Committee within thirty nine (309) calendar days of the date the grievant or the Union knows or submission of the-grievance at Step No. unless extended by reasonable diligence should have known agreement of the alleged grievance, parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the griever may be present at the meeting. It is further understood that the Chief Executive Officer or his designee may have such counsel and assistance as he may such meeting. The decision of the Hospital shall be delivered in the case of discipline, writing within thirty nine (309) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the inter- pretation, application or alleged violation of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances Agreement shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievanceoriginated at Step No. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described within fourteen (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (3014) calendar days from following the circum- stances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself insti- tute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a if a written statement of such grievance is lodged by the employee with the hospital at Step No. within seven (7) calendar days after the date of the requestdischarge or suspension is effected. If a meeting is held at Such special grievance may be settled under the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are A grievance shall be defined as acts, omissions, applications a dispute arising under this Agreement between an aggrieved employee (hereinafter “Grievant”) or interpretations alleged the Association and the Employer with respect to be violations the interpretation or application of the terms or conditions provisions of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed adjusted by and between the parties in accordance the manner herein provided, with the exception that arbitration shall only be available for grievances filed during the life of this Article Agreement. The time limits specified herein are mandatory unless extended by a written and it signed Agreement between the Employer and the Association. If the Grievant or the Association does not file a grievance within the specified time limits, the grievance is forfeited. If the Grievant or the Association fails to process the grievance at any step within the specified time limits, the grievance shall be deemed to have been withdrawn and may not be refiled. If the sole Employer’s representative fails to answer a grievance within the specified time limits, the grievance shall be deemed denied and exclusive method automatically advanced to the next step of resolving grievancesthe Grievance Procedure, except to Step Three, Arbitration, as noted below. HoweverThe Grievant and, grievances arising under Article 19 - No Discrimination as hereinafter provided, an Association Representative will be released from their jobs without loss of pay or benefits to participate in meetings conducted with the Employer’s representatives. Any resolution or forfeiture of a grievance shall be final and Article 53 - Reclassification Upward/Downward binding upon the Grievant, the Association and the Employer, and shall not be subject to further review. The resolution of a grievance shall not add to, subtract from or modify the alternative procedures specifically outlined in their respective Articlesterms of this Agreement. At Any grievance based upon the request suspension or discharge of either partyan employee shall be filed with the Assistant Superintendent for Human Resources and Employee Relations (or other designated representative of the Employer) at Step Two within ten (10) workdays following the beginning of the suspension or discharge. For purposes of this Article, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If workday is a meeting is held at the request of the grievant and/or the Unionday other than Saturday, any time limit for the Employer’s response set forth below shall run from the date of the meetingSunday or a holiday recognized by this Agreement.
Appears in 1 contract
Samples: Master Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined Should any dispute or grievance arise between the Company and the Union as acts, omissions, applications or interpretations alleged to be violations of the terms or conditions interpretation of any provisions of this Supplemental Agreement that cannot be settled amicably between the Business Agent of the Union and the Representative of the Company, the Company shall appoint one representative, the Union shall appoint one representative and the two such appointed representatives shall appoint the third representative, which may be from the Federal Mediation and Conciliation Service. Decision of a majority of the arbitration committee of the three members shall be final and binding upon the parties of this Agreement. Grievances Any expense incurred covering the disinterested third party shall be filed within borne equally by the Company and the Union. ARTICLEIX - HEALTH AND SAFETY The Union and the Company are concerned with the health of the employees and the working conditions provided for such employees. Therefore, the Company expressly agrees to strictly abide by and strictly comply with all applicable federal and state laws, rules and regulations promulgated for the health and safety of employees. Upon notification by the Union of any alleged violation of this Section by any Company signatory to this Supplemental Agreement, the Company involved or its designated representative shall immediately meet with the Union to discuss the matter to mutual resolution of the alleged violation. This Section shall include but not be limited to the use of machinery, vehicles, and dangerous chemicals and sprays, and any provision for food, drinking water, housing and sanitary facilities. SECTION X - SENIORITY In the event an employee works for the Company at least thirty (30) calendar days of within the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty preceding ninety (3090) calendar days he shall acquire seniority with the Company retroactive to the original date of hire, and if a reduction in the effective work force occurs, the reduction in work force shall be based upon dates of hire with the employee last hired to be first laid off; upon recall, the last employee laid off will be the first recalled; provided however, the Company shall have the right to determine any employee's ability to do the work directed by the Company in determining any employees to be laid off and recalled. Such determination by the Company shall not be exercised arbitrarily. Seniority shall be broken for the following reasons: Voluntarily quitting Discharge for cause The application of this Section shall be subject to the Grievance and Arbitration Procedure Sectionof this Supplemental Agreement. Each ninety (90) days beginning with the date of the actionexecution of this Supplemental Agreement, the Company shall provide the Union with a current seniority list showing the name of each employee, his original date of hire, and his Social Security Number. Where more than one employee has the same original date of hire, the employee with the lower last four digits in his Social Security Number shall have the higher seniority. Seniority as described in this Section is defined as Company seniority, which means length of service with the Company regardless of area of operation or constructionof the work force. It is understood and agreed that work performed in certain commodity groups and/or make up of the work force, it is customary for families and/or certain employees to work together. In applying seniority the Company and the Union agree to interpret this Section as far as possible toward that end. It is not the intent of the Union to disrupt Company's present operation or to prevent the Company from securing labor to meet emergencies which may arise from time to time during the term of this Supplemental Agreement. Seniority shall not be applied so as to displace (bump) any employee of the Company within a crew, commodity or area, or for transfer purposes if the Company's decision to transfer individual employees or crews is based upon the Company's operating requirements. SECTION XI - CALL TIME PROVISION All employees shall report to the place to which they are ordered to report for work at the time specified (call), and they shall be paid from the time they report until released, and shall be paid a minimum of two (2) hours for each call when no work is provided at the hourly guaranteed rate, and a minimum four (4) hours for each call if required to start work. In the event the employees commence work, they shall be paid a sum equal to the regular hourly pay times four (4) or their piece rate earnings, whichever is higher. This call time provision shall not apply where work covered by this Supplemental Agreement is delayed or cannot be carried out because of rain, frost, government condemnation of crop, machinery breakdown or other causes beyond the control of the Company. Any call may be rescinded by notification to employees before reporting for work. SECTION XII - HEALTH AND WELFARE The Company shall provide a health and welfare plan for eligible employees and their families under Western Growers Assurance Trust Plan 10, and the cost of such plan to be borne by the Company. Payment of premium shall be made by the tenth day of each current month during the period of this Supplemental Agreement, and the first premium shall be paid by February 10, 1973 for work performed in January 1973. An eligible employee is one who has worked eighty (80) hours for the Company in the preceding month. Each Company shall provide to the Union a copy, each month, of a list of eligible employees. After termination of employment for the season, the employee may pay his own insurance premiums at the group rate for a period not to exceed ten (10) consecutive months. The first payment of premium by the employee must be paid by the tenth day of the first month following termination of employment for the season unless the premium for that month is paid by the Company in which case the first payment of premium by the employee must be by the tenth of the next consecutive month. Thereafter each payment must be made consecutively by the tenth of the month provided the Company is not obligated to pay insurance for that month. No later than the first day of the month following the month in which an employee is laid off, the Company will notify the Union whether or not such employee is an eligible employee. At the time that the employee is given his last pay check or within 48 hours thereafter such notice shall be given to the employee. In the event that a deadline the Company fails to give such notice to the employee then the Company shall be obligated to pay the insurance premium on behalf of that employee for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, the month for which such action will be considered timely if it notice is taken by 5:00 p.m. not given. Deposit of such notice in the U.S. mail postage prepaid properly addressed shall constitute such notice. Personal service of such notice on the following business day (Monday – Friday)employee and Union shall meet the requirements of this section. Grievances The last address given by the employee may be used by the Company for the purpose of such notice. At the time each month that the Administrator of the Western Growers Assurance Trust submits the list of eligible employees and premium payments on behalf of the Companies signatory to this Supplemental Agreement, it shall send to the Union a copy of said list. At such time as the insurance Company underwriting said insurance pays a claim on behalf of an employee, it shall give the Union notice thereof. SECTION XIII - REST PERIODS Rest periods shall be reduced to writing, and taken insofar as practical in the middle of each work period. Rest periods shall be signed by provided at the grievant(s), stating the specific Article(srate of 10 minutes per four (4) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievancehours work. In the case of group grievances, the grievance A rest period shall specifically enumerate, by name, the affected employees, when knownnot be required for work shifts less than 3- hours. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances Rest period time shall be filed at counted as hours worked. SECTION XIV - UNION LABEL The Company is herewith accorded permission to display the appropriate Teamster Union Label on all steps items of service or production produced by employees under the terms of this procedure on the form identified as the Official Statement Supplemental Agreement. The execution of Grievance Form. Once filed, this Supplemental Agreement by the Union shall not expand upon the original elements and substance of be deemed to be the written grievanceconsent required by any applicable state or federal law. All grievances Title to the Union Label shall be processed remain in accordance with this Article the Union and it shall be the sole International Brotherhood of Teamsters and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined revocation by them, upon reasonable notice, in their respective Articlessole discretion. At In the request of either party, a meeting between event that the Union or the International Brotherhood of Teamsters demands the return of such label, the Company agrees that the same shall be returned forthwith, or agrees that in the event any such label cannot be so returned, then on demand by the Union or the International Brotherhood of Teamsters, such label shall be completely obliterated. SECTION XV - TRAINING PROGRAM Because of the changing nature of agricultural employment and the Employer representatives skills which will take place at any step be needed of agricultural employees in the grievance procedure within thirty (30) calendar days from future, the date of Company and the request. If a meeting is held at the request of the grievant and/or Union agree to cooperate with and promote training programs for farm workers whether such programs are originated through the Union, any time limit Company, or federal, state or local authorities. In addition, the Company and the Union will seek to encourage the establishment of such training programs. SECTION XVI - PENSION Each Company shall contribute to the Western Conference of Teamsters Negotiated Pension Trust Fund five (5) cents per hour for each and every hour worked or paid foreach employee covered by this Supplemental Agreement commencing January 1, 1973. The parties agree to accept the provisions, rules and regulations of aforementioned Trust Fund as established by the Trustees of such Trust Fund. Commencing October 1, 1973, each Company's contribution shall be increased to ten (10) cents per hour for each and every hour worked or paid for for each employee covered by this Supplemental Agreement, and such rate shall remain in effect for the Employer’s response set forth below shall run from the date remainder of the meeting.term of this Supplemental Agreement. SECTION XVII - SEPARABILITY The provisions of this Supplemental Agreement are subject to limitations of any applicable State or Federal Law; and in the event any portion of such law effects the validity of any portion hereof, that portion of this Supplemental Agreement shall no longer be applicable or legal in accordance to such laws, but such laws will not terminate, invalidate or effect the remainder of this Supplemental Agreement. SECTION XVIII - MAINTENANCE OF STANDARDS The sum of wages and benefits that the employees are presently receiving at the time of execution of this Supplemental Agreement shall not be reduced. This Supplemental Agreement at a minimum would provide increased benefits for all employees. In the event of a dispute between the Company and an employee under this Section, such dispute shall be resolved by the Grievance and Arbitration Procedureprovided herein. SECTION XIX - VISITATIONS Authorized agents of the Union shall have the right to visit properties of the Company at all reasonable times and places, to conduct legitimateUnion business; however, he shall not unduly interrupt operations. The Union shall notify the Company of names of all its authorized agents. SECTION XX - DISCRIMINATION There shall be no discrimination in hiring or in conditions of employment based upon race, religion, color, age, sex, creed or national origin. The Company agrees that this obligation includes, but is not limited to the following: hiring, placement, upgrading, transfer, or demotion, recruitment, advertising, or solicitation for employment, treatment during employment. SECTION XXI -
Appears in 1 contract
Samples: migration.ucdavis.edu
GRIEVANCE AND ARBITRATION PROCEDURE. 901 Section 11 – General Principles 902 Basic Means of Settling Grievances 903 The following procedure shall be applied and relied upon by both parties as the basic means of seeking adjustment of and settling grievances. Grievances are defined Grievance, as actsreferred to in this Article, omissions, applications or interpretations alleged to be violations of the terms or conditions includes every dispute concerning interpretation and application of this Agreementcontract and/or any dispute concerning wages, hours, or working conditions. Grievances All such disputes shall be filed subject to the grievance procedure. 904 Time Limits 905 Except for grievances alleging errors in wages, benefits errors, or discharge, each grievance arising under this Agreement shall be presented to the appropriate party within thirty (30) calendar days after the grievant had knowledge of the date the grievant event or the Union knows or by reasonable diligence should have known had knowledge of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the actionevent. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances All discharge grievances shall be reduced referred immediately to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps Step Two of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty ten (3010) calendar days from the date of the requestdischarge. Any grievance not timely filed is deemed waived by the aggrieved party. 906 Both parties agree that the grievance and arbitration procedure should proceed as expeditiously as possible; however, by mutual agreement between the Union and the Employer, the time limits of any step of the grievance procedure, may be extended and this extension must be confirmed in writing within the specified time limits. Both parties agree, however, to make their best effort to abide by the time limits outlined in this Agreement. In the event the Union fails to appeal a grievance in a timely manner, the Union may request an extension and the Employer shall grant such extension. If a meeting is held at the request Employer fails to respond to the grievance within the time limits specified, the grievance may be appealed to the next step of the grievant and/or grievance procedure by the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.
Appears in 1 contract
Samples: www.dol.gov
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are (a) A grievance under this Agreement shall be defined as actsany difference or dispute between the Employer and any employee relating to the interpretation, omissionsapplication, applications or interpretations alleged to be violations of the terms or conditions administration of this Agreement, including any questions as to whether a matter is arbitrable and an allegation that this Agreement has been violated. Grievances All complaints and grievances shall be filed taken up in the following manner: Step Number An employee having a question or complaint shall refer it to his immediate supervisor within thirty eight (30) calendar 8) working days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from date of submission. Step Number If further action is then to be taken, then within five (5) working days after the grievant decision is given in Step Number the employee, who may request the assistance of his or her xxxxxxx, shall submit the grievance in writing to the Administrator. A meeting will then be held between the Administrator or his designated representative and the employee. It is understood that at such a meeting the Administrator or his designated representative may have such counsel and assistance as he may desire, and that the employee may have his xxxxxxx and that the Union Representative or an International Representative of the Union may also be present at the request of either the employee or the Union knows or by reasonable diligence should have known Employer. The decision of the Administrator or his designated representative shall be given in writing within five (5) working days following the meeting. Step Number Should the Administrator fail to render his decision as required in Step Number or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged grievanceviolation of this Agreement, including any question as to whether a matter is arbitrable, the grievance may be referred to Arbitration by either the Employer or the Union. If no written request for Arbitration is received within five (5) working days after the decision under Step Number is given, or in within ten working days following the case of discipline, within thirty (30) calendar days meeting under Step Number of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievancesprocedure, the grievance shall specifically enumeratebe deemed to have been abandoned and the same grievance shall not be the subject matter of a further grievance. Any of the time allowances above may be extended by mutual agreement of the parties. In determining the time within which any action is to be taken or completed under the terms of this Agreement, by namesuch time limits shall be exclusive of Saturdays, the affected employees, when knownSundays and paid holidays. Otherwise, the affected employees will An employee subject to disciplinary action which is to be generically described (i.e., work location, classification, approximate number of employees) recorded in the grievanceemployee’s personnel file, shall have the right to the presence of the Union Xxxxxxx. Grievances The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall be filed at all steps have the right to the presence of this procedure a Union committee member or a member representative of the employee’s choice who is working on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingcurrent shift.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsL12.1 An Employee who has a complaint relating to the interpretation, omissionsapplication, applications administration or interpretations alleged to be violations violation of the terms or conditions of this AgreementAgreement may discuss the complaint with the immediate Supervisor. Grievances Such a complaint shall be filed within thirty (30) calendar days brought to the attention of the date immediate Supervisor within twenty (20) days after the grievant Employee becomes aware or should have been aware of the circumstances giving rise to the complaint. The Employee and immediate Supervisor shall complete their informal discussions within five (5) days. Failing resolution of the complaint by informal discussion, the Employee may request the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting to lodge a grievance response, or appealing a as provided for herein. Step One The Union shall commit the grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by setting out the grievant(s), stating facts of the specific Article(s) alleged grievance together with the provisions of the Agreement claimed to have been violated and clear explanation indicate the relief sought. The signed grievance shall be sent to the Associate Director, Organizational Support Services within twenty (20) days of the alleged violation, sufficient Employee becoming aware of the circumstances giving rise to allow processing the grievance if the informal discussion stage is not utilized or ten (10) days after the informal discussion stage has been completed. The Associate Director or designate will meet jointly with the grievor and the Union Representative(s) within fifteen (15) days of receipt of the grievance. In The Associate Director or designate shall forward a written decision to the case Bargaining Unit Representative within fifteen (15) days of group grievances, the date on which the grievance shall specifically enumerate, by name, the affected employees, when knownmeeting was held. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed Step Two If no settlement is reached at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filedStep One, the Union shall not expand upon the original elements and substance may, within ten (10) days of receipt of the written grievancereply of the Associate Director, Organizational Support Services or designate, refer the matter to the Associate Director, Organizational Support Services or designate. All grievances If referred to a designate, the designate shall be processed in accordance with this Article and it shall not be the sole and exclusive method of resolving grievancessame individual who may have acted as a designate under Step One. HoweverThe Associate Director, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward Organizational Support Services or designate shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between meet with the Union and the Employer representatives will take place at any step Representative(s) within ten (10) days of receipt of the written request to discuss and endeavour to solve the problem. The Associate Director, Organizational Support Services or designate shall answer the grievance procedure in writing within thirty fifteen (3015) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting. Step Three If no settlement is reached, the Union may submit the grievance to arbitration within twenty (20) days of receipt of the response.
Appears in 1 contract
Samples: Letter of Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1The Authority and the agree that discussions should occur between employees, the representatives and Authority representatives, when problems or differences arise, in I an attempt to resolve problems or differences. This grievance procedure is not intended to preclude any discussion between employees, representatives and Authority representatives. Where discussions relating to problems or occur, the time in the Complaint Step will be extended by the appropriate number of days. If any difference concerning the interpretation, application,operation or any alleged violation of the Agreement arises between the and, or, the or the and the Authority, it shall be processed according to the following grievance procedure. Nothing in this provision deprives of any rights or remedies to which they are entitled in any legislation, including the transfer legislation. Grievances are defined as actsinvolving the interpretation, omissionsapplication, applications operation or interpretations any alleged to be violations violation of the terms or conditions Agreement must have the approval and support of this Agreementthe bargaining agent. Grievances The time limits set out in the grievance procedure are mandatory and not directory. In calculating time limits, Saturdays, Sundays, and holidays shall be filed within thirty (30) calendar days excluded. If the time limits set out in Complaint Step, Step or Step of the date grievance procedure are not complied with, then the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on as being abandoned, unless the following business day (Monday – Friday). Grievances shall be reduced to parties have mutually agreed, in writing, and shall be signed by to extend the grievant(s), stating time limits. If the specific Article(s) alleged Authority fails to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievancesmeet a time limit, the at its option, may either advance the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined next step or await the Authority’s response, in their respective Articleswhich case no time limit shall apply against the until it has received the Authority’s response. At shall have the request of either party, a meeting between the Union and the Employer representatives will take place right to be represented at any step of the grievance procedure within thirty (30) calendar days from procedure. The and the date representative shall be given leave with pay to prepare for and attend such meetings. At either the Complaint Step or at Step the Authority representative may be assisted by a Human Resource representative. The shall be given full opportunity to present evidence and make representationsthroughoutthe grievance procedure. The Authority shall post the names and/or titles of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingappropriate designated Authority Representatives.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as acts, omissions, applications A grievance shall be a difference of interpretation of this Agree- ment or interpretations alleged to be violations the violation of the terms provisions of this Agreement as well as any other complaint related to working conditions or conditions relations between the nurses and the Hospital concerning the meaning, inter - pretation, application, administration or alleged violation of this Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the action. In the event that a deadline for filing a grievance, submitting a Every grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative grievance and ion procedures specifically outlined set out hereunder. Step When a has a grievance she shall within ten (10) the discovery or occurrence of the incident giving rise to the grievance, first discuss the grievance with her immediate Management Supervisor, who shall provide her with an answer within three (3) working days. Should the verbal answer given by the immediate Management upervisor not be acceptable to the the grievance shall be submitted in their respective Articleswriting to the Head of the Nursing Department within three (3) working days. At The Head of the request Nursing Department shall give her decision in writing within five (5) working days of either partythe receipt of the grievance. Step If the decision of the Head of the Nursing Department i s to the the grievance shall be referred to the grievance committee; and, if supported by the Grievance Com- mittee, shall be referred to the Chief Executive Officer within five (5) working days of the receipt of the decision in Step The Chief Executive Officer shall meet with the Grievance Commit- tee and shall give a meeting between decision in writing within five (5) working days of receipt of the grievance. If the decision of the Chief Executive Officer is not acceptable to the Grievance Committee, the matter may then be referred to Arbitration. If it is decided to submit the grievance to arbitra - tion, notice must be given to the Chief Executive Officer within ten (10) working days of the receipt of a decision of the Chief Executive Officer in Step Where a dispute involving a question of general application or in - terpretation occurs, or the Union has a grievance, steps and may be The employer may institute a grievance by delivering the same in writing to the President of the Union and the Employer representatives will take place at any step of President shall answer such grievance within five (5) days. If the grievance procedure answer i s not acceptable to the employer, the employer may within thirty ten (3010) calendar days from the date day the President gives her answer, give ten (10) days' notice to the President of the request. If a meeting is held at Union of i t s intention to refer the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meetingdispute to arbitration.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are For purposes of this Agreement, a grievance is defined as actsa difference arising between the parties relating to the interpretation, omissionsapplica- tion, applications administration or interpretations alleged violation of the agreement including any questions as to whether a matter is arbitrable. At the time formal discipline is 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. It is the mutual desire of the parties hereto that complaints of employees 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 supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reason- ably to have come to the attention of the employee and failing settlement within nine (9) calendar days, it shall then be taken up as a grievance within nine (9) calendar days following advice of his immediate supervisor's decision in the follow- ing manner and sequence: Step No. The employee may submit a written grievance signed by the employee to his immediate supervisor. grievance shall identify the nature of the grievance and the remedy sought and should The identify the provisions of the Agreement which are alleged to be violations of violated. The immediate supervisor xxxx deliver his decision in writing within nine calendar days following the terms day on which the grievance was presented to him. Failing settle- ment, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Chief Executive Officer or conditions of this Agreementhis designee. Grievances shall A meeting will then be filed held between the Hospital Chief Executive Officer or his designee and the Grievance Committee within thirty nine (309) calendar days of the date the grievant or the Union knows or submission of the-grievance at Step No. unless extended by reasonable diligence should have known agreement of the alleged grievance, parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the griever may be present at the meeting. It is further understood that the Chief Executive Officer or his designee may have such counsel and assistance as he may such meeting. The decision of the Hospital shall be delivered in the case of discipline, writing within thirty nine (309) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the inter- pretation, application or alleged violation of the effective date of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances Agreement shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievanceoriginated at Step No. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described within fourteen (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (3014) calendar days from following the circum- stances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which such employee could himself insti- tute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days after the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a if a written statement of such grievance is lodged by the employee with the hospital at Step No. within seven (7) calendar days after the date of the requestdischarge or suspension is effected. If a meeting is held at Such special grievance may be settled under the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.Grievance or Arbitration Procedure by:
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are A grievance shall be defined as actsa difference between the Company and any of its employees regarding the interpretation, omissionsapplication, applications administration or interpretations alleged violation of the provisions of the Collective Agreement. If a difference arises between an employee and the Company over the interpretation, application, administration, or the alleged violation of this Agreement, the employee and immediate supervisor must first meet as soon as possible and attempt to resolve the difference informally. Step I If the difference has not been settled informally, or the employee has not received a reply from his supervisor within five (5) working days, the employee may present the difference in writing as a grievance to immediate supervisor. All grievances must be in writing, signed by the employee and outline the terms of the Collective Agreement alleged to be violations of the terms or conditions of this Agreementviolated. Grievances shall All grievances must be filed submitted within thirty fourteen (3014) calendar days of the date occurrence giving rise to the grievant or grievance. The employee's supervisor will have five (5) working days to render a written decision on the matter. Step Failing satisfactory settlement, the employee within five (5) working days of having received the written decision at Step I may refer the matter in writing to the department head. The department head will arrange a meeting to review the matter within fourteen (14) calendar days of receipt of the written request for a Step meeting. The employee may be accompanied at that meeting by the Union knows or by reasonable diligence should have known of President, and a xxxxxxx from the alleged grievance, or in employee's department. The United Steelworkers staff representative may also attend. The department head will provide a written reply to the case of discipline, grievance to the Union President within thirty seven (307) calendar days of the effective date meeting. Arbitration If the Company and the Union are unable to settle any grievance in the foregoing manner, the grievance may be referred to an Arbitrator selected in rotation from the panel of individuals set forth below: Xxxx Xxxxxxx, Xxxxxx Xxxxxxxx, Xxxxx Xxxxxx If the aggrieved party does not proceed to arbitration within fourteen (14) calendar days of receipt of the actionStep answer, the grievance shall be deemed forfeited and waived by the aggrieved party. In the event the grievance is referred to arbitration, the Company and Union agree that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action the cost of the arbitration will be considered timely if it is taken shared equally by 5:00 p.m. on both parties. The time limits set forth for the following business day (Monday – Friday). Grievances shall grievance and arbitration procedure may only be reduced to writing, and shall be signed extended by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation agreement of the alleged violation, sufficient to allow processing of the grievanceparties. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (30) calendar days from the date of the request. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.Article
Appears in 1 contract
Samples: Collective Bargainingagreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1An effort shall be made to settle grievances fairly and promptly by discussion with the Manager in an effort to resolve the difference informally. Grievances are defined as actsStep One If an employee or a group of employees has a grievance, omissions, applications the employee or interpretations alleged group of employees will submit to be violations the Manager a written statement of the terms or conditions particulars of this Agreement. Grievances shall be filed the grievance and the redress sought within thirty (30) calendar days of the date that the grievant became aware of, or the Union knows or by reasonable diligence reasonably should have known of become aware of, the alleged grievance, . The Manager or in her designate shall meet with the case of discipline, within thirty (30) calendar days of the effective date receipt of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s)render a decision in writing within calendar days of this meeting. Step Two Failing satisfactory settlement at Step One, stating the specific Article(s) alleged to have been violated and clear explanation within calendardays of receipt of the alleged violationdecision at Step One, sufficient the grievance may be referred in writing to allow processing the Chief Executive Officer of the grievanceHay River Community Health Board. The Chief Executive Officer or his designate shall meet with the within calendar days of receipt of the grievance at Step Two, and shall render a decision in writing within calendar days of this meeting. Step Three Failing settlement at Step Two, within calendardays of receipt of the decision at Step Two, the grievance may be referred in writing to arbitration. An employee may elect to be accompanied and assisted by a union representativewhen presenting a grievance at any step. Receipt of grievances shall be acknowledged in writing at each step. The Union shall have the right to consult the Employer about a grievance at each step. When the Union represented an employee at a grievance meeting, the Employer shall provide a copy of the grievance reply to the appropriate Representative, An employee must obtain the prior authorization of the Union to present, settle or withdraw a grievance pertaining to the application or interpretation of this Agreement. When one party refers a grievance to arbitration in accordance with Article that party shall notify the other party in writing, within the time permitted, of the name of a proposed sole arbitrator it is prepared to accept. Woodland Manor Expires. March The other party shall, within calendar days of receipt of notice under Article notify the first party, in writing, if the proposed sole arbitrator is acceptable or if not, of the name of a proposal sole arbitrator it is prepared to accept. If the parties fail to agree on a sole arbitrator within calendar days of receipt of notice under Article then either xxxxx may apply to the Minister of Labour under the Canada Labour Code to appoint an arbitrator. The parties shall bear equally the cost of the sole arbitrator. If a grievance is not initiated or processed within time limits specified in this Article, the grievance shall be deemed abandoned. If a grievance is not responded to within time limits specified in this Article, the grievance may be advanced to the next step. Time limits in this may only be extended by agreement between the Employer and the Union, confirmed in writing. The procedures and time limits in this Article shall apply as far as possible to policy grievances. In the case of group grievances, the an Employer policy grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject presented at Step Two to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step President of the grievance procedure within thirty (30) calendar days from the date of the requestUnion. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.ARTICLE
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1A grievance is a difference only from the interpretation, administration, application or alleged violation of this agreement including any question as to whether the matter is An employee may lodge a grievance against his employer. Grievances are defined as actsThe processing of such shall be with step one below. A grievance of an employee, omissions, applications or interpretations alleged to be violations of considered. must be with his within working following the terms or conditions of this Agreementincident giving rise to the grievance. Grievances Step An employee having a grievance shall be filed within thirty (30) calendar days of first discuss the date the grievant matter with his employer or the Union knows or by reasonable diligence should employer representative in an effort to have known of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the actionmatter resolved. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. The employer shall give his position on the following business day (Monday – Friday)grievance within two working days. Grievances Step TWO If a satisfactory settlement is not reached at step One the grievance shall be reduced to writing, writing and shall be signed by the grievant(s)setting out the nature of the grievance, stating the specific Article(s) alleged Article of this to have been violated and clear explanation remedy sought. The local union with the in attendance shall meet with the employer within three working days of receipt of his answer to Step in an attempt to settle the difference. The employer shall give an answer within three working days of this meeting. If a settlement is not reached the matter shall be brought before the Local Joint Conference Board within three working days of receipt by the local union, of the alleged violationemployer's answer referred to in step Two above, sufficient to allow processing or such other time as is mutually agreed upon. the setting A grievance arising between an employer, the local trade association or the local union shall be in writing and signed by forth particulars-of the the Article of this Agreement alleged to-have been violated the nature of the remedy sought by the all days and forwarded to the party against whom the grievance is made. A meeting shall be convened with within three grievance. to the of receipt of-the If a settlement is not arrived at during this meeting or within such time as the parties mutually agree, the matter shall be forwarded to the Local Joint Conference Board. The Local Joint Conference Board shall convene within five working days of receipt of a grievance. In matters touching upon the case interpretation of group grievancesthis Agreement the Board shall forward the grievance along with their recommendations to the Provincial Joint Conference Board. On all other matters the local Board shall endeavour to arrive at a settlement. If no settlement can be reached the matter may be referred to arbitration. Any grievance involving the interpretation of this Agreement shall be dealt with the Provincial Joint Conference Board such Board shall convene within five working days of receiving the grievance and shall render a decision. If no settlement can be reached, the matter may be referred to arbitration. Arbitration Any grievance shall specifically enumerate, by name, not settled at either the affected employees, when known. Otherwise, Local Joint Conference or the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed Provincial Joint Conference Board in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. Howeverprocedure set out above, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure may within thirty (30) calendar five working days from the date of the request. If a meeting is held at the request decision of such Board, be referred to final and binding arbitration in accordance with Section of the grievant and/or Labour Relations Act. Except that the Union, any time limit for the Employer’s response set forth below shall run from the date provision of Section sub Section 6 of the meetingLabour Relations Act shall not apply in arbitration proceeding.
Appears in 1 contract
Samples: Ontario Sheet Metal And
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1An effort shall be made to settle grievances fairly and promptly by discussion with the Manager in an effort to resolve the difference informally. Grievances are defined as actsStep One If an employee or a group of employees has a grievance, omissions, applications the employee or interpretations alleged group of employees will submit to be violations the Manager a written statement of the terms or conditions particulars of this Agreement. Grievances shall be filed the grievance and the redress sought within thirty (30) calendar days of the date that the grievant became aware of, or the Union knows or by reasonable diligence reasonably should have known of become aware of, the alleged grievance, . The Manager or in her designate shall meet with the case of discipline, within thirty (30) calendar days of the effective date receipt of the action. In the event that a deadline for filing a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced to writing, and shall be signed by the grievant(s)render a decision in writing within calendar days of this meeting. Step Two Failing satisfactory settlement at Step One, stating the specific Article(s) alleged to have been violated and clear explanation within calendardays of receipt of the alleged violationdecision at Step One, sufficient the grievance may be referred in writing to allow processing the Chief Executive Officer of the grievanceHay River Community Health Board. The Chief Executive Officer or his designate shall meet with the within calendar days of receipt of the grievance at Step Two, and shall render a decision in writing within calendar days of this meeting. Step Three Failing settlement at Step Two, within calendardays of receipt of the decision at Step Two, the grievance may be referred in writing to arbitration. An employee may elect to be accompanied and assisted by a union representativewhen presenting a grievance at any step. Receipt of grievances shall be acknowledged in writing at each step. The Union shall have the right to consult the Employer about a grievance at each step. When the Union represented an employee at a grievance meeting, the Employer shall provide a copy of the grievance reply to the appropriate Representative, An employee must obtain the prior authorization of the Union to present, settle or withdraw a grievance pertaining to the application or interpretation of this Agreement. When one party refers a grievance to arbitration in accordance with Article that party shall notify the other party in writing, within the time permitted, of the name of a proposed sole arbitrator it is prepared to accept. Woodland Manor Expires. March The other party shall, within calendar days of receipt of notice under Article notify the first party, in writing, if the proposed sole arbitrator is acceptable or if not, of the name of a proposal sole arbitrator it is prepared to accept. If the parties fail to agree on a sole arbitrator within calendar days of receipt of notice under Article then either xxxxx xxx apply to the Minister of Labour under the Canada Labour Code to appoint an arbitrator. The parties shall bear equally the cost of the sole arbitrator. If a grievance is not initiated or processed within time limits specified in this Article, the grievance shall be deemed abandoned. If a grievance is not responded to within time limits specified in this Article, the grievance may be advanced to the next step. Time limits in this may only be extended by agreement between the Employer and the Union, confirmed in writing. The procedures and time limits in this Article shall apply as far as possible to policy grievances. In the case of group grievances, the an Employer policy grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject presented at Step Two to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step President of the grievance procedure within thirty (30) calendar days from the date of the requestUnion. If a meeting is held at the request of the grievant and/or the Union, any time limit for the Employer’s response set forth below shall run from the date of the meeting.ARTICLE
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. Section 1. Grievances are defined as actsA grievance is a complaint by an employee or group of employees for whom the Union is bargaining agent, omissionswhich involves the interpretation, applications application, or interpretations alleged to be violations enforcement of any of the terms or conditions provisions of this Agreement. Grievances shall Work rules, personnel policies, and other rules of the department may be challenged through the grievance procedure on the grounds that they violate particular provisions of the agreement or that they are unfair, unreasonable, arbitrary, or discriminatory. When a new work rule, personnel policy or other rule is enacted, a grievance that such rule or policy is unfair, unreasonable, arbitrary or discriminatory, on its face, that grievance must be filed within thirty (30) calendar days the time limits set forth below. The time limit for a grievance based on the application of such rule or policy starts when the rule or policy is applied. All grievances must be presented in writing and all replies to grievances shall likewise be in writing. If an employee files a grievance his/her work status will not be affected in any way by reason of filing the grievance. All written grievances shall contain the name of the aggrieved party or parties, a clear statement of the grievance, the issue involved, the date the incident took place, the remedy requested, signature of the grievant or a Union officer, and the Union knows or by reasonable diligence should have known Date of the alleged grievance, or in the case of discipline, within thirty (30) calendar days of the effective date of the actionwritten statement. In the event that a deadline for filing of a grievance, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday)employee shall perform the assigned task and grieve the assignment later. Grievances shall be reduced to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described presented within fifteen (i.e., work location, classification, approximate number of employees) in the grievance. Grievances shall be filed at all steps of this procedure on the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievance. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step of the grievance procedure within thirty (3015) calendar days from the date the employee first became aware of the request. If a meeting is held at the request cause of the grievant and/or grievance. The employee may request the Unionassistance of a Union representative of his/her own choosing in preparing and processing a grievance. Both the employee and his/her representative (if a City employee) will be allowed a reasonable amount of paid time for purposes of actually filing the grievance and meeting with management. An employee will not be reimbursed for time spent in such activities outside his/her regular hours of work. In addition, an employee will not be compensated for any time limit for the Employer’s response set forth below expenses incurred in processing a grievance. Grievances shall run from the date of the meeting.be processed as follows:
Appears in 1 contract
Samples: Agreement
GRIEVANCE AND ARBITRATION PROCEDURE. A. This article sets forth the grievance procedure which shall apply and be limited to any grievance, as defined in the Ocean City Labor Code, Article 2, Section 1. Grievances are defined 2.8, as acts, omissions, applications a dispute concerning the application or interpretations alleged to be violations interpretation of the terms of this Agreement or a claimed violation, misrepresentation or misapplication of the rules or regulations of the Mayor and City Council of Ocean City, Maryland, municipal corporation, or the employer affecting the terms and conditions of this Agreementemployment. Grievances All grievances shall be filed settled in the following manner: Step 1: The aggrieved employee will submit his/her grievance within thirty fifteen (3015) calendar days of the date the grievant actions being grieved or the Union knows or by reasonable diligence should have known of the alleged grievance, or in the case of discipline, within thirty fifteen (3015) calendar days of the effective date employee having reasonable knowledge of the action. In the event that a deadline for filing a grievanceactions, submitting a grievance response, or appealing a grievance response falls on a Saturday, Sunday or university holiday, such action will be considered timely if it is taken by 5:00 p.m. on the following business day (Monday – Friday). Grievances shall be reduced approved grievance form to writing, and shall be signed by the grievant(s), stating the specific Article(s) alleged to have been violated and clear explanation of the alleged violation, sufficient to allow processing of the grievance. In the case of group grievances, the grievance shall specifically enumerate, by name, the affected employees, when known. Otherwise, the affected employees will be generically described (i.e., work location, classification, approximate number of employees) his/her Lieutenant or if there is no Lieutenant in the grievancedivision, then to his/her Division Commander. Grievances The writing shall be filed at all steps of this procedure on state specifically the form identified as the Official Statement of Grievance Form. Once filed, the Union shall not expand upon the original elements and substance of the written grievancegrievance and identify the aggrieved employee. All grievances The Lieutenant/Division Commander or his/her designee shall be processed in accordance meet with this Article the aggrieved employee and it shall be his or her designated Lodge Representative to discuss the sole and exclusive method grievance within seven (7) calendar days of resolving grievances. However, grievances arising under Article 19 - No Discrimination and Article 53 - Reclassification Upward/Downward shall be subject to the alternative procedures specifically outlined in their respective Articles. At the request of either party, a meeting between the Union and the Employer representatives will take place at any step receipt of the grievance procedure form and shall reply to the employee, in writing, within thirty seven (307) calendar days from after the date meeting. Step 2: If not resolved at Step 1, the aggrieved employee shall file the grievance on the approved form with the Chief of Police within seven (7) calendar days of receipt of the requestStep 1 decision. If a meeting is held at The writing shall state specifically the request substance of the grievant and/or grievance and identify the Unionaggrieved employee. The aggrieved employee and, any time limit for at his or her discretion, a Lodge Representative shall meet with the Employer’s response set forth below shall run from the date Chief of Police or his or her designee within seven (7) calendar days of the filing of the grievance at this step to discuss its substance and possible resolutions. The Chief of Police or his or her designee shall give his/her decision in writing within seven (7) calendar days after the aforesaid meeting.. Step 3: If the grievance is not resolved at Step 2, the employee may present the grievance in writing on the approved form to the City Manager and/or his/her designees within seven
Appears in 1 contract
Samples: Collective Bargaining Agreement
