Common use of GRIEVANCE AND ARBITRATION Clause in Contracts

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions of this agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.

Appears in 4 contracts

Samples: www.nh.gov, www.nh.gov, www.nh.gov

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GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time the following standard language. Where the collective agreement provides otherwise and the parties cannot agree to the standard language, the existing provision will be maintained as non-standard language. Any non-standard provisions related to Grievance and Arbitration shall be continued under Article except as amended below. For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union Xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to (designated by Hospital). All formal grievances The employee may be accompanied by a Union Xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to STANDARD a Central Guide Document October him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed to the (designated by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberHospital). A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures (designated by Hospital) and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION. A grievance 11.01 It is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff the mutual desire of any provisions the parties hereto that complaints of this agreement. Grievances employees shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his supervisor an opportunity to adjust the complaint. If an employee has a complaint, he shall discuss it with his supervisor within three (3) working days after the circumstances giving rise to the complaint have occurred or have or ought to have reasonably come to the attention of the employee: failing settlement within one (1) working day thereafter, it shall then be taken up as a grievance within three (3) working days following advice of the supervisor's decision; in accordance the following manner and sequence: STEP NO. 1 The employee, with the procedures set fortha xxxxxxx, may present his grievance to his supervisor. All formal grievances The grievance shall be submitted in writing on a grievance form developed approved by both parties. Within fifteen the Company and the Association and shall include the remedy sought and shall be sufficiently specific to identify the alleged violation of the Agreement; failing settlement the supervisor shall deliver his decision in writing within three (153) employee working days following the presentation of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberto him. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth hereinFailing settlement: STEP NO. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen 2 Within three (153) employee working days of occurrenceafter the decision in Step No. If the matter 1 is not settled at the Supervisor level within ten (10) employee working daysgiven, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to employee, with a xxxxxxx, may submit the grievance in writing to the Superintendent of SchoolsOperations Manager or his designate. The Superintendent must A meeting will be held with the Operations Manager or his designate and Chief Xxxxxxx or Department Xxxxxxx and/or employee to discuss the matter with grievance. Within three (3) working days after this meeting, the support staff member and/or authorized representative Operations Manager shall deliver his decision in writing following the presentation of the grievance to him. STEP NO. 3 Within three (3) working days after the decision in Step No. 2 is given, the griever, who shall have the assistance of the Grievance Committee, may submit the grievance in writing to the Group President or his designate. A meeting will then be held within five (5) employee working days of receiving between the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussionGroup President or his designate, and the support staff member and/or Grievance Committee (which the Company may restrict to not more than two (2) members at the meeting) and the President or his designate, or the Association wishes to pursue it further, shall be present at the matter may be submitted to request of either the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board Company or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingAssociation. The decision of the arbitrator Group President or his designate shall be final delivered in writing within seven (7) working days. It is understood that the Group President or his designate, and binding for the duration Grievance Committee of the Agreement provided that it does not vary, modify, or add to the express terms Association may have such council and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardassistance as they may desire at any such meeting.

Appears in 3 contracts

Samples: Agreement, negotech.labour.gc.ca, sp.ltc.gov.on.ca

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions of this agreement179. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberSection 1. A grievance shall be deemed waived if it is not presented in accordance with defined as a dispute between the procedures City and schedules set forth the Union, or an employee and the City, involving an alleged violation, misapplication or misinterpretation of a specific provision of this Agreement or unhealthy or unsafe conditions. The provisions of this Article shall be the exclusive remedy for any grievance as defined herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the Such grievance shall be referred to the Superintendent of Schoolsprocessed as follows: ¶180. The support staff member and/or the authorized representative Step 1 - Within twenty (20) calendar days of the Association date upon which the alleged grievance occurred (or the date the grievant had actual or constructive knowledge of the alleged grievance), the grievant (i.e., the employee) shall be required to submit the present this grievance in writing to his Department Head, who shall make careful inquiry into the Superintendent facts and circumstances of Schoolsthe grievant’s complaint. The Superintendent must discuss Department Head shall attempt to resolve the matter with problem promptly and, in any event, shall inform the support staff member and/or employee in writing of his decision and the reasons therefore within (10) working days subsequent to the receipt of the said written grievance from the employee. ¶181. Step 2 - If a grievant claims to be still aggrieved, he/she or his/her authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response present his/her grievance to the grievance shall be made Director of Human Resources or his designee, in writing within ten (10) employee working days of the receipt by the grievant of the decision of the Department Head in Step 1 hereof. The Director of Human Resources, or his designee shall, within fifteen (15) working days after the receipt by his office of the appeal to the said discussionDirector of Human Resources, hold a conference session if necessary to hear all the facts pertinent to the complaint. If The Director of Human Resources shall cause to be forwarded to the matter grievant, with a copy to the Department Head, his (the Director of Human Resources’) written decision including the basis for same, within seven (7) working days of the conclusion of the conference(s). ¶182. Step 3 - In the event that the grievance is not resolved as a result of the Step 2 procedures, the Union or City may request the State Board of Mediation and Arbitration to provide arbitration service; which request for arbitration service shall be made to the State Board of Mediation and Arbitration in writing, with copies to the other party, by certified mail, return receipt requested within ten (10) employee working days of said discussion, and following the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its Step 2 decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit limits for its renderingissuing the decision. The Association City or the Union may have any grievance at the State Board of Mediation and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reachedArbitration removed, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of from the hearingdate filing with same, to the American Arbitration Association or the Alternative Dispute Resolution Center. The decision of In the event either the Union or the City exercises its option to use the American Arbitration Association or the Dispute Resolution Center, the filing fees and arbitrator fees shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally borne by the Association and the Boardremoving party.

Appears in 2 contracts

Samples: Agreement, Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation, misinterpretation or misapplication with respect to one or more support staff violation of any provisions of this agreementthe Agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A The grievance shall be deemed waived if it is not presented in accordance with identify the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt nature of the grievance, shall designate a reasonable time the remedy sought, and place for discussion should, where possible specify the pro- visions of the matter with a representative Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the Association and grievance procedure an employee shall have the right, upon request, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee involvedof this right in advance. Within fifteen (15) employee working days Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the said meetingparties hereto that com- plaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the Board opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working be discussed with his immediate super- visor within five days after the rendering circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the said employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision of in the Board or the expiration of the time limit for its rendering. The Association following manner and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsequence.

Appears in 2 contracts

Samples: Collective Agreement, Service Employees

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions of this agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. 22.1 All formal grievances shall be submitted handled in writing on a form developed by both parties. Within fifteen the following manner: STEP ONE: (15oral) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall may be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within filed no later than ten (10) working days after the grievance first becomes known, or should have become known. The grievance must be presented by the Union of the aggrieved employee to the proper supervisor involved, and the parties shall meet within five (5) working daysdays in an effort to resolve said grievance. If the grievance is not resolved with the supervisor, the grievance shall be reduced to writing, citing the Article and Section of this Agreement which has been allegedly violated. STEP TWO: (written) If the grievance is not settled in Step One, the written grievance may, no later than five (5) working days after the Step One meeting, be referred by the Union to the Superintendent of Schools. The support staff member and/or Employer, and the authorized representative of the Association parties shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative meet within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion in an effort to resolve the grievance. If the grievance is rejected at this Step of the matter with a representative of Grievance and Arbitration procedure, the Association and Employer will state the employee involved. Within fifteen reasons for such rejections in writing, to the Union, within five (155) employee working days of the said Step Two meeting. STEP THREE: (hearing) If the grievance is not settled at Step Two, the Union may request a Grievance Board of Adjustment review within five (5) working days immediately following receipt of the Employer’s written response by delivering a written notice to the Employer. Within five (5) working days of such notice, the parties shall agree upon a hearing date. The Grievance Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman consist of a total of four (4) duly appointed representatives of the Board no later than fifteen following: Two (152) employee working days after representing the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association Local Union and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.two

Appears in 2 contracts

Samples: Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff In the event of any provisions dispute between the Union or any employee covered by this Agreement and the Employer with regard to the interpretation or application of any of the terms of this agreement. Grievances shall be resolved exclusively in accordance with Agreement, the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the following grievance and all information relative thereto must arbitration procedure shall, unless otherwise expressly provided herein, be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over exclusive means of resolution of such dispute. Failure to settle the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level dispute within ten (10) employee working days, business days after the grievance shall be referred to the Superintendent invocation of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by Step One entitles either party at to proceed to Step Two; failure to settle the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing dispute within ten (10) employee working business days after the invocation of said discussionStep Two entitles either party to proceed to Step Three. If Failure to settle the matter is not resolved dispute within ten (10) employee working business days after the invocation of said discussion, and Step Three entitles either party to proceed to arbitration. In the support staff member and/or event the Association wishes grieving party does not exercise its option to pursue it further, the matter may be submitted proceed to the Board in accordance with next step by serving written notice upon the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, other party as required hereunder within ten (10) business days of receipt of entitlement to do so as provided herein, then such grieving party shall be deemed to have waived such grievance unless the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision parties mutually stipulate otherwise in writing. If after thorough discussionEach party agrees to provide, upon written request by the grievance has not been satisfactorily resolvedother party, the Association may request arbitration by writing non-proprietary information which is relevant and necessary to the Chairman processing of any grievance hereunder. Such information shall be provided to the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its renderingrequesting party in a timely manner. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board STEP ONE -- A grievance shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision filed in writing within thirty (30) days of the hearingdate on which the grieving party knew or reasonably should have known of the event(s) giving rise to the grievance, but in no event later than one (1) year from the date such event(s) occurred. The decision representative of the arbitrator Union and the Employer's representative shall immediately discuss the matter and the dispute shall be settled if at all possible. The decision, if any, of these representatives shall be final and binding for upon the duration parties to the dispute. STEP TWO – In the event of a failure to settle the dispute under Step One above, the grieving party shall present the grievance in written form to the Representative of the Agreement provided that it other party. Such written notice shall contain the specific contract section(s)which are alleged to have been violated, the date(s) or approximate date(s) of the alleged violation(s), the specific facts and details or a summary of the alleged violation(s) on which the grievance is based, the name of the production (if any), the remedy sought and the name(s) of the individual(s) aggrieved, except for group claims for which the classification(s) of the individuals aggrieved shall be listed. In the event the party receiving the Step Two notice does not varyfeel that the written notice complies with the preceding, modify, or add to then the express terms and provisions party receiving the Step Two notice shall notify the grieving party within five (5) working days of this Agreementreceipt of such Step Two notice. This response shall indicate those areas in which more specific information is required. The services and expense of the arbitrator grieving party shall be shared equally by the Association and the Board.then have five

Appears in 2 contracts

Samples: animationguild.org, animationguild.org

GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union Xxxxxxx if he so desires. Where the complaint concerns a job posting, the supervisor of the department will be involved. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to Bluewater Health. All formal grievances The employee may be accompanied by a Union Xxxxxxx. Bluewater Health will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberto Bluewater Health. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between Bluewater Health and the procedures and schedules set forth herein. No support staff member shall suffer any reprisals designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its renderingparties. The Association Union Xxxxxxx and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee suffer no loss of earnings for time spent during their regularly scheduled working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearinghours for attendance at these meetings. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5)days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer of the Hospital or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed submission of the grievance at Step unless extended by either party at mutual agreement of the time may not be given subsequent considerationparties. The Superintendent's response to decision of the grievance Hospital shall be made delivered in writing within ten (10) employee working days following the date of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said such meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his Immediate Supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The Immediate Supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence to the grievance and all information relative thereto must be discussed by and between support staff aggrieved and Chief Executive Officer or his or her immediate supervisor having the authority over the said support staff memberdesignate. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer, or his designate, and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step I The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Director of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberEmployee Labour Relations. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director of Employee & Labour Relations and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro-visions of the Agreement which are alleged to have been violated. . At the time formal discipline is imposed or at any stage of the grievance procedure an alleged violationemployee shall have the right, misinterpretation to the presence of his/her xxxxxxx. In the case of suspension or misapplication with respect to one or more support staff of any provisions discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence. All formal grievances The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement then: Within five days following the decision under Step 1 the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: ‘ten 3 Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig- nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final delivered in writing within ten days following the date of such meeting. Grievance A complaint or grievance arising directly between the Hospital and binding for the duration Union concerning the interpretation, application or alleged violation of the Agreement provided that it does not vary, modify, or add shall be originated at Step 3 within ten days following the circumstances giving rise to the express terms and grievance. It is expressly understood, however, that the provisions of this AgreementArticle may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. The services and expense of Where the arbitrator grievance is a Hospital grievance it shall be shared equally by filed with the Association and the BoardGrievance Committee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer of the Hospital or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at an stage of the grievance procedure an employee shall have the upon request, to the presence of Xxxxxxx. In the case or discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively in accordance with adjusted as quickly as possible, and it IS under- stood an employee has no grievance until he has first given his immediate supervisor the procedures set forthopportunity of his complaint. All formal grievances The griever may have the assistance of a Union if he so desires. Such complaint shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and with his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving after the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement ,within the five (5) days, it shall then be taken up as a grievance shall be made in writing within ten five (105) employee working days of said discussionfollowing his immediate supervisor's decision. If the matter is not resolved within ten (10) employee working days of said discussion, All grievances arising between employees and the support staff member and/or the Association wishes to pursue it further, the matter may Hospital will be submitted to the Board dealt with in accordance with the following procedure. Within ten procedures: STEP ONE The grievance shall be put in writing and signed by the employee or Union Representative and a given to the manager within five (105) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman decision of the Board through the Superintendentimmediate supervisor. The Chairman, STEP TWO grievance shall then be discussed. by the Union Representative and supervisor. This meeting shall be held within ten five (105) working days of time of receipt of !he grievance by the grievance, immediate supervisor. The immediate Supervisor shall designate give a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.five

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A grievance An employee believes has been, or is defined as an alleged violationbeing unjustly-dealt with, misinterpretation 'throughdiscipline, distribution of work, or misapplication with respect to one or more support staff that any of any the provisions of the Collective Agreement have not been complied with, the employee or representative will, whenever possible, bring this agreementto the attention of supervisor, or the Manager. Grievances After discussion with supervisor or the Manager, and the matter is not settled satisfactorily, 'thenthe following steps in the grievance procedure shall apply. The Parties to this Agreement agree that all steps shall be resolved exclusively taken to assure that complaints relating to the administration or interpretation of this Agreement shall be adjusted or finalized as quickly as possible. Every effort will be made to settle disputes during the early stage of the grievance procedure. It is understood that a reasonable amount of time may be spent by the members of the Union grievance committee in accordance order to investigate and participate in grievance matters and the Union agrees that the members of its committees will cooperate with the Company in not conducting investigations in a manner which will unduly interfere with the operations. The Company agrees,that it shall not prevent the committee from properly fulfilling its obligations to investigate and settle grievances. The day" shall mean a day other than Saturday, Sunday, or recognized holiday. Subject to the terms of this Agreement which relate to the investigation following administration of discipline of the decision of the Company to discharge an employee, the following procedures set forth. All formal grievances shall be submitted followed: STEP The grievance shall be in writing writing, copy of which shall be given to the Manager and to the xxxxxxx. The grievance must be presented to the Manager within five (5) working days after the occurrence of the matter complained of and the Manager shall answer the grievance presented to in writing, within five (5) working days after has received it. The STEP STEP grievance must be in a legible on a form developed provided by both partiesthe Union and signed by the employee. Within fifteen If the matter has not been settled, the Union xxxxxxx of the employee involved may, within five (155) employee working days of its occurrence after receiving the written answer from the Manager, present the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and to the Vice President or designate, who shall render decision in writing within fifteen five (155) employee working days of occurrenceafter receiving it. If the matter is not settled, the local chairman and/or representative may, within five (5) working days after receiving a written decision of the Vice President or designate, present the grievance to the President or designate. Following the presentation of the grievance at this step a meeting shall be arranged between management and the grievance committee (consisting of three (3) members only) which meeting will take place in seven (7) working days after the grievance has been presented to the President or designate. In the event that the matter has not been settled at in accordance with the Supervisor level procedure set out above, the Company or the Union may within ten (10) employee working days, days of Step grievance meeting request the grievance shall be referred to assistance of a Grievance Mediation Officer. In the Superintendent of Schools. The support staff member and/or the authorized representative instance of the Association matter not being resolved by the Grievance Mediation Officer, either Party shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving this meeting, notify the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent considerationother Party in writing of their intent to proceed to arbitration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association Parties shall within ten (10) working days appoint an arbitratorof the written notification, attempt to agree on a single or sole arbitrator or in the alternative, advise the other Party of their nominee's name, address and telephone number. The arbitrator hearing date for the arbitration shall hold a hearing and render a decision occur within thirty (30) working days selection or appointment of the hearingChairperson. The decision Nothing herein restricts either Party from any statutory right with respect to the arbitration process or selection, as may be provided by the relevant labour code. No matter shall be submitted to an arbitrator.which has not been properly carried through previous steps of the arbitrator shall be final and binding for grievance procedure in accordance with the duration of Agreement. In the Agreement provided that it does not vary, modify, event either the Company or add the Union wish to present a policy grievance alleging the express terms and provisions violation of this Agreement. The services and expense of the arbitrator shall , such grievance must be shared equally by the Association and the Board.presented in writing within seven

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an alleged violationemployee shall have the right, misinterpretation /-- .upon request, to the of xxxxxxx. In the case of suspension or misapplication with respect to one or more support staff of any provisions discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be resolved exclusively adjusted as quickly as possible, and 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 desires. Such complaint shall be with his immediate super- visor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement, then: Step Within five days following the decision under Step the employee, accompanied by a union xxxxxxx, or the Union xxxxxxx shall submit the written grievance to his Department Director, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee’s immediate supervisor and Department Director are the same person. Failing settlement, then; Step Within five days following the decision in the immedi- ately step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig- nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, applications, administration or alleged violation, misinterpretation or misapplication with respect to one or more support staff violation of any provisions of this agreementthe Agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A The grievance shall be deemed waived if it is not presented in accordance with identify the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt nature of the grievance, shall designate a reasonable time the remedy sought, and place for discussion should, where possible, specify the provisions of the matter with a representative Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the Association and grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee involvedof this right in advance. Within fifteen (15) employee working days Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the said meetingparties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first giving his immediate supervisor the Board opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working be discussed with his immediate super- visor within five days after the rendering circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the said employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor% decision of in the Board or following manner and sequence: 1 The employee shall submit the expiration of the time limit for its renderinggrievance, in writing, and signed by him, to his immediate supervisor. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot may be reached, the American Arbitration Association shall within ten (10) days appoint an arbitratoraccompanied by a Union xxxxxxx. The arbitrator shall hold a hearing and render a immediate supervisor will deliver his decision in writing within thirty (30) five days of following the hearingon which the written grievance as presented to him. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not varyFailing settlement, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.then:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an alleged violationemployee shall have the right, misinterpretation upon request, to the presence of xxxxxxx. In the case of suspension or misapplication with respect to one or more support staff of any provisions discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: I The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union Xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. Failing settlement, then: Step Within five days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step Within five days following the decision in the immedi- ately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig- nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final delivered in writing within ten days following the date of such meeting. Policy Grievance A complaint or grievance arising directly between the Hospital and binding for the duration Union concerning the interpretation, applica- tion or alleged violation of the Agreement provided that it does not vary, modify, or add shall be originated at Step within ten days following the circumstances giving rise to the express terms and grievance. It is expressly understood, however, that the provisions of this AgreementArticle may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. The services and expense of Where the arbitrator grievance is a Hospital grievance, it shall be shared equally by filed with the Association and the BoardGrievance Committee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the shall notify the employee of this agreementright in advance. Grievances Where the deems it necessary to suspend or discharge an employee, the shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively in accordance with adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the procedures set forthopportunity of adjusting his complaint. All formal grievances The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and with his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in the following manner and sequence: Step The employee working days of receiving shall submit the written grievance. Charges not submitted , in writing, and discussed signed by either party at the time may not be given subsequent considerationhim, to (designated by Hospital). The Superintendent's response to the grievance shall employee may be made accompanied by a Union xxxxxxx. The (designated by Hospital) will deliver his decision in writing within ten five (105) employee working days of said discussion. If following the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit day on which the written grievance with all attached responses was presented to the Chairman of the Board through the Superintendenthim. The Chairman, within ten (10) days of receipt of Union and the grievance, shall designate may meet to discuss the grievance at a reasonable time and place for discussion of the matter with a representative of the Association and the employee involvedsuitable to both parties. Within fifteen (15) employee working days of the said meetingFailing settlement, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.then:

Appears in 1 contract

Samples: Agreement

GRIEVANCE AND ARBITRATION. A grievance is defined 5.01 Should any difficulty arise between the Employer and any employee as an to the interpretation, application, administration or alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions violation of this agreement. Grievances Agreement, an xxxxxxx effort to settle such difficulty without undue delay shall be resolved exclusively made in accordance the following manner: Stage One An aggrieved employee shall, with the procedures set forthconsent of a Union delegate, first submit her/his representations in writing to the Assistant Director, Housing and Conference Services (Residence Life and Services). All formal Any such grievances shall be submitted in writing on a form developed by both parties. Within fifteen presented within five (155) employee working days of its occurrence the grievance time when it arose or the matter shall be deemed to have been abandoned. Working days shall not include Saturdays, Sundays or statutory holidays. Stage Two If within five (5) working days from the time representations at Stage One were presented a decision satisfactory to such employee is not given, then such employee, with the consent of a Union delegate, may make representations in writing to the Director, Housing and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberConference Services. A Any such grievance shall be presented within five (5) working days after the decision of the Assistant Director, Housing and Conference Services has been given or should have been given, or the matter shall be deemed waived if it to have been abandoned. Stage Three If within five (5) working days from the time representations at Stage Two were presented a decision satisfactory to such employee is not presented in accordance given, then such employee, with the procedures consent of a Union delegate, may within five (5) working days after the decision of the Director, Housing and schedules set forth herein. No support staff member shall suffer any reprisals Conference Services has been given or should have been given, make representations in writing to the Director of Human Resources or other representative designated by the Board, Superintendent, Principals, Employer from time to time. Such officer or Supervisor because of due participation in other designate shall notify the procedures set forth. By mutual agreement a grievance may start at employee and the level Union delegate of the Superintendent of Schools providing that time and place at which they will meet to discuss the grievance is in writing and within fifteen (15) employee working days of occurrencematter. If the matter is not settled at the Supervisor level Every effort will be made to settle such difficulty within ten (10) employee working days, days from the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative date upon which such officer received written notice of the Association matter. Such officer shall be required to submit give the grievance decision in writing to on behalf of the Superintendent of SchoolsEmployer. The Superintendent must discuss Stage Four Failing a satisfactory settlement in Stage Three the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time Union may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.on giving five

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an alleged violationemployee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, misinterpretation the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or misapplication with respect to one discharge an employee, the Hospital shall notify the Union of such suspension or more support staff discharge in writing, within three (3) days. It is the mutual desire of any provisions of this agreement. Grievances the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence to the grievance and all information relative thereto must be discussed by and between support staff aggrieved and Chief Executive Officer or his or her immediate supervisor having the authority over the said support staff memberdesignate. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer, or his designate, and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Service Employees

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively 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 The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5)days following his immediate decision in accordance with the procedures set forthfollowing manner and sequence. All formal grievances The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. Failing settlement then: Step Within five (5) days following the decision under Step I the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his Immediate Supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The Immediate Supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence to the grievance and all information relative thereto must be discussed by and between support staff aggrieved and Chief Executive Officer or his or her immediate supervisor having the authority over the said support staff memberdesignate. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer, or his designate, and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Where there is a grievance is defined as by an alleged violationemployee, misinterpretation or misapplication the same shall be made in writing to the xxxxxxx within three days of the occurrence. The xxxxxxx shall take the grievance up with respect to one or more support staff the immediate superior of the aggrieved employee. B The parties agree that recovery of any provisions default in payment by an employer bound by this collective agreement of trust funds, management funds and administration funds may be pursued in a court of law and not through the grievance and arbitration provision of this agreementcollective agreement at the option of the Board of Trustees. Grievances Such action may be commenced ten days after default in payment has occurred. Any employer which is delinquent in payment of any trust fund or trust funds payment, will be compelled to make payment on a weekly basis for all funds. Any employer refusing to comply with this section will have his employees removed until such time he has complied with this section. Removal of employees will not be deemed to be a breach of this agreement by the union. An answer shall be resolved exclusively given not later than the commencement of the shift in accordance with which the procedures set forthgrievance occurred on the day following the presentation of the grievance by the xxxxxxx. All formal grievances If the decision has not been given within the prescribed time or the decision is not acceptable, then the grievance shall be submitted in writing on a form developed by both partiesto the superintendent of the employee. Within fifteen (15) employee The superintendent shall render his decision not later than two working days of its occurrence being presented with the grievance. The local union shall be entitled to submit a grievance in writing directly to the superintendent of the employer, or the senior official of the employer on the project, who shall render his decision not later than two working days following the presentation of the grievance and all information relative thereto must be discussed by and between support staff aggrieved and to him. The employer, or his or her immediate supervisor having the authority over the said support staff member. A grievance representative shall be deemed waived if entitled to submit a grievance in writing directly to the local union. The local union shall render their decision not later than two working days following the presentation of the grievance to them. Failing settlement of any grievance, it is not presented shall be subject to arbitration in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the following clauses: The grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall Local Labour Management Committee which will be required to submit hear the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative and give an answer within five (5) employee four working days of receiving the written grievance. Charges not submitted and discussed by Should either party not be satisfied with the results of this, then it may proceed to have the grievance heard at the time may Joint Conference Board. The Joint Conference Board will be required to hear the grievance and shall give an answer within four working days. Should either party not be given subsequent consideration. The Superintendent's response satisfied with the result of the Joint Conference Board, then it may proceed to the grievance shall be made in writing arbitration within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response results from the SuperintendentJoint Conference Board. There shall be a group of arbitrators within the area of the local union which have agreed to act in this capacity under the terms of this agreement. The arbitrators shall be approved by the employers and the local union. The party initiating the grievance shall file the grievance with the first named arbitrator, and if this arbitrator is unable to serve or is not available for any reason, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, second named arbitrator shall designate a reasonable time be acquired and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to continue until an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitratoris found that is able to serve in this capacity. The arbitrator shall hold a hearing within three days after the grievance has been submitted to him and shall render a his decision to the parties within thirty (30) days seventy-two hours after the completion of the hearing. The decision costs of the arbitrator each arbitration case shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared borne equally by the Association and the Boardparties thereto.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE AND ARBITRATION. A The Hospital,the Union or any employee has the right to lodge a grievance is defined as an with respectto any matter arising out of the interpretation, application or alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions violation of this agreementAgreement. Grievances It is the mutual desire of the parties that complaints of the Hospital, the Union or of the employee shall be resolved exclusively adjusted as equitably as possible, and it is understoodthat an employee has no grievance until she has first given her supervisor an opportunity to adjust her complaint. I If an employee has an unsettled complaint within the terms of this Agreement, it may be taken up as a grievance within five (5) working days after the circumstancesgiving rise to the grievance occur, in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance in writing, signed by to the immediate supervisor. All formal grievances A meeting will then be held between the employee, the Union Xxxxxxx, the supervisor and the department manager, within five (5) working days of the submissionof the grievance. The Chief Xxxxxxx or Local Union President and the Human Resourcesrepresentative may also attend at their discretion. The immediatesupervisorwill deliver decision in writing within three (3) full working days of the meeting. Failing settlement, then within five (5) working days: Step -The grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days the Union Xxxxxxx to the Manager of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberLabour Relationsor designate. A grievance shall meeting will be deemed waived if it is not presented in accordance with held between the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working daysemployee, the grievance shall be referred to Union Xxxxxxx, the Superintendent Chief Xxxxxxx or Local Union President, a Local Business Agent, the supervisor, the Department Head, the Human Resources Associate, and the Manager of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Labour Relations or designate within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. at Step The decision of the arbitrator shall Hospitalshall be final and binding for delivered in writing within five (5) working days following the duration date of such meeting. Failing a settlement under Step of any difference between the Agreement provided that it does not varyparties arising from the interpretation,application, modify, or add to the express terms and provisions administrationor alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration as provided in Article If no written request for arbitration is received within ten calendar days after the decision in Step is given, it shall be deemed to have been settled or abandoned. Any and all time limits fixed by this Article may be at any time extended by written agreement between the Hospital and the Union. Group Grievance Where a number of employees have identicalgrievances, and each one 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 designate, within ten days after the circumstances giving rise to the grievance have occurred. The services and expense of the arbitrator grievance shall then be shared equally by the Association treated as being initiatedat Step and the Boardapplicable provisionsof this Article shall then apply with respect to the handling of such grievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Either the Employer, the Union or any employee has a right to lodge a grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one any matter arising out of this Agreement or more support staff concerning the interpretation, application or alleged violation of any this Agreement. Any employee believing that he has been unjustly dealt with or that the provisions of this agreementAgreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal Such grievances shall be submitted in writing on a form developed by both partiesprocessed as follows: STEP ONE Between the employee concerned, his Union representative and the Department Manager and/or Owner. Within fifteen The grievance must be filed within eighteen (1518) employee working days of its occurrence after the event giving rise to the grievance occurs and all information relative thereto must within this period of time it shall be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberat this Step. A grievance The Department Manager shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and give an oral decision within fifteen four (154) employee working days of occurrencefrom the date discussion took place. If the matter is not settled at Union wishes to appeal to the Supervisor level within ten (10) employee working daysnext Step, the grievance shall be referred reduced to writing and shall contain the Superintendent provision of Schoolsthe Agreement which has been allegedly violated. Notice of appeal shall be filed with the Department Manager within six (6) working days from the Department Manager's oral decision. STEP TWO Between the employee concerned, the Union representative, the Department Manager, and/or the Owner. Fortino's Supermarkets or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer or the Union. Fortino's Supermarkets or its representative shall advise the Employer with respect to any matter in issue and the Employer shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer. The support staff member and/or the authorized representative discussion at this Step shall be held within seven (7) working days of the Association appeal. The decision of the Employer at this Step shall be required to submit the grievance in writing to and be made within four (4) working days of the Superintendent date of Schoolsthe meeting. The Superintendent In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must discuss the matter with the support staff member and/or authorized representative be filed within five (5) employee working days from the date of receiving the written grievancedismissal and shall commence at STEP TWO. Charges not submitted and discussed by either party at the time may not be given In any subsequent consideration. The Superintendent's response to disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board handled in accordance with the following procedureabove procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retroactivity thereto. Within ten (10) employee working days of having received The Employer and the written response from Union may file grievances commencing at STEP TWO. If an Arbitration Board finds that the SuperintendentEmployer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer, the Association may submit Union or any employee affected by the written grievance with all attached responses to violation. Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be the Chairman sole and exclusive liability of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, such Employer and other Employers shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding jointly or severally liable for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch violations.

Appears in 1 contract

Samples: Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Step Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Director of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberEmployee Labour Relations. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director of Employee Labour Relations and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions of this agreement192. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberSection 1. A grievance shall be deemed waived if it is not presented in accordance with defined as a dispute between the procedures City and schedules set forth the Union, or an employee and the City, involving an alleged violation, misapplication or misinterpretation of a specific provision of this Agreement or unhealthy or unsafe conditions. The provisions of this Article shall be the exclusive remedy for any grievance as defined herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the Such grievance shall be referred to the Superintendent of Schoolsprocessed as follows: ¶193. The support staff member and/or the authorized representative Step 1 - Within twenty (20) calendar days of the Association date upon which the alleged grievance occurred (or the date the grievant had actual or constructive knowledge of the alleged grievance), the grievant (i.e., the employee) shall be required to submit the present this grievance in writing to his Department Head, who shall make careful inquiry into the Superintendent facts and circumstances of Schoolsthe grievant’s complaint. The Superintendent must discuss Department Head shall attempt to resolve the matter with problem promptly and, in any event, shall inform the support staff member and/or employee in writing of his decision and the reasons therefore within (10) working days subsequent to the receipt of the said written grievance from the employee. ¶194. Step 2 - If a grievant claims to be still aggrieved, he/she or his/her authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response present his/her grievance to the grievance shall be made Director of Human Resources or his designee, in writing within ten (10) employee working days of the receipt by the grievant of the decision of the Department Head in Step 1 hereof. The Director of Human Resources, or his designee shall, within fifteen (15) working days after the receipt by his office of the appeal to the said discussionDirector of Human Resources, hold a conference session if necessary to hear all the facts pertinent to the complaint. If The Director of Human Resources shall cause to be forwarded to the matter grievant, with a copy to the Department Head, his (the Director of Human Resources’) written decision including the basis for same, within seven (7) working days of the conclusion of the conference(s). ¶195. Step 3 - In the event that the grievance is not resolved as a result of the Step 2 procedures, the Union or City may request the State Board of Mediation and Arbitration to provide arbitration service; which request for arbitration service shall be made to the State Board of Mediation and Arbitration in writing, with copies to the other party, by certified mail, return receipt requested within ten (10) employee working days of said discussion, and following the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its Step 2 decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit limits for its renderingissuing the decision. The Association City or the Union may have any grievance at the State Board of Mediation and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reachedArbitration removed, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of from the hearingdate filing with same, to the American Arbitration Association or the Alternative Dispute Resolution Center. The decision of In the event either the Union or the City exercises its option to use the American Arbitration Association or the Dispute Resolution Center, the filing fees and arbitrator fees shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally borne by the Association and the Boardremoving party.

Appears in 1 contract

Samples: Agreement

GRIEVANCE AND ARBITRATION. A Either the Employer, the Union or any employee has a right to lodge a grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one any matter arising out of this Agreement or more support staff concerning the interpretation, application or alleged violation of any this Agreement. Any employee believing that he has been unjustly dealt with or that the provisions of this agreementAgreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal Such grievances shall be submitted in writing on a form developed by both partiesprocessed as follows: STEP ONE Between the employee concerned, his Union representative and the Manager and/or Owner. Within fifteen The grievance must be filed within eighteen (1518) employee working days of its occurrence after the event giving rise to the grievance occurs and all information relative thereto must within this period of time it shall be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberat this Step. A grievance The Manager shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and give an oral decision within fifteen four (154) employee working days of occurrencefrom the date discussion took place. If the matter is not settled at Union wishes to appeal to the Supervisor level within ten (10) employee working daysnext Step, the grievance shall be referred reduced to writing and shall contain the Superintendent provision of Schoolsthe Agreement which has been allegedly violated. Notice of appeal shall be filed with the Manager within six (6) working days from the Manager's oral decision. STEP TWO Between the employee concerned, the Union representative, the Manager, and/or the Owner. Fortino's Supermarkets or a representative to be designated by it shall receive a copy of the grievance and shall participate in the discussion at this Step at the request of either the Employer or the Union. Fortino's Supermarkets or its representative shall advise the Employer with respect to any matter in issue and the Employer shall give due and serious consideration to such advice, provided always that the decision shall be made by the Employer. The support staff member and/or the authorized representative discussion at this Step shall be held within seven (7) working days of the Association date of the appeal. The decision of the Employer at this Step shall be required to submit the grievance in writing to and be made within four (4) working days of the Superintendent date of Schoolsthe meeting. The Superintendent In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must discuss the matter with the support staff member and/or authorized representative be filed within five (5) employee working days from the date of receiving the written grievancedismissal and shall commence at STEP TWO. Charges not submitted and discussed by either party at the time may not be given In any subsequent consideration. The Superintendent's response to disposal of this case during the grievance procedure, the Employer may the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board handled in accordance with the following procedureabove procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retroactivity thereto. Within ten (10) employee working days of having received The Employer and the written response from Union may file grievances commencing at STEP TWO. If an Arbitration Board finds that the SuperintendentEmployer or the Union has violated the Collective Agreement, it shall have the power to award compensation to the Employer, the Association may submit Union or any employee affected by the written grievance with all attached responses to violation. Any liability, financial or otherwise, of any individual Employer arising out of a violation of this Agreement shall be the Chairman sole and exclusive liability of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, such Employer and other Employers shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding jointly or severally liable for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch violations.

Appears in 1 contract

Samples: Agreement

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violation(a) Any and all disputes concerning the effect, misinterpretation interpretation, application and claims arising out of or misapplication with respect relating to one or more support staff of any provisions the terms of this agreement. Grievances Agreement, or breach thereof, shall be resolved exclusively taken up in accordance the first instance between the parties hereto. A representative of the Union shall have access to the place of business during working hours for the purpose of investigating and settling disputes. The parties agree to the following process as a means of resolution of their disputes: Step 1 - Oral Step - An employee who believes they have a dispute may request that the Union take up the issue at a Step 1 meeting with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen Department Manager not later than thirty (1530) employee working calendar days of its occurrence from the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing date that the grievance is in writing and within fifteen (15) employee working days of occurrenceevidence giving rise to the dispute was first known to them. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred parties fail to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative accomplish a mutually satisfactory resolution within five (5) employee working days of receiving the meeting, the Union will reduce the grievance to writing and submit it to the Human Resources Department. Step 2 - Written Step - The Director of Human Resources and his or her designee(s), the Chief Xxxxxxx and the Grievant shall meet within thirty (30) calendar days or receipt of the written grievance. Charges not submitted grievance from Step 1 and discussed by either party at the time may not be given subsequent considerationshall make every effort to create a mutually satisfactory resolution. The Superintendent's response Director of Human Resources shall respond to the grievance shall be made Union in writing or e-mail within ten thirty (1030) employee working calendar days of said discussionthe meeting at Step 2 to the Chief Xxxxxxx letting him or her know whether the grievance has been denied. If the matter is not resolved within ten (10) employee working days of said discussion, and parties fail to accomplish a mutually satisfactory resolution the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit Union will forward the written grievance with all attached responses to Step 3. Step 3 - Second Written Step - The Director of Human Resources and his or her designee(s), the Chairman of Chief Xxxxxxx, the Board through Grievant and the Superintendent. The ChairmanBusiness Representative shall meet to discuss the dispute, unless mutually determined otherwise, within ten thirty (1030) calendar days of receipt of the grievance, Step 2 written response. The Director of Human Resources shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision respond in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association Business Representative and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision Chief Xxxxxxx within thirty (30) calendar days after the Step 3 meeting. Mediation – By mutual agreement of the Union and the Employer, the grievance may be put in abeyance so that it may be referred to the Federal Mediation & Conciliation Service (FMCS) for non-binding mediation. Arbitration - Within thirty (30) calendar days of receipt of the hearingStep 3 response, the Union may submit the matter to an Arbitrator in accordance with the Labor Arbitration Rules of the American Arbitration Association and shall simultaneously give notice to the Employer upon filing. The decision of the arbitrator shall be final and binding for upon the duration parties hereto. The parties may waive in writing any of the Agreement provided that it does not vary, modify, or add to time frames in the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally steps referenced above by the Association and the Boardmutual agreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement (Amalgamated Financial Corp.)

GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time Insert the following standard language. Where the collective agreement provides otherwise and the parties cannot agree to the standard language, the existing provision will be maintained as non-standard language. Any non-standard provisions related to Grievance and Arbitration shall be continued under Article except as amended below. For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the STANDARD Final Guide Document, November, Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union Xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to (designated by Hospital). All formal grievances The employee may be accompanied by a Union Xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed to the (designated by both parties. Within fifteen Hospital).- A meeting will then be held between the (15designated by Hospital) employee working days of its occurrence and the grievance and all information relative thereto must designated union representatives who may be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its renderingparties. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.STANDARD

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Any employee who has a grievance is defined as an alleged violation, misinterpretation or misapplication with respect pertaining to one or more support staff of any provisions the terms and conditions of this agreement. Grievances Agreement shall be resolved exclusively in accordance first take up his grievance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having for the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, purpose of immediate settlement or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level adjustment of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrencecomplaint. If the matter complaint is not satisfactorily settled at between the employee and his immediate Supervisor, then the employee may, by himself or with the assistance of his Shop Xxxxxxx or Business Agent, submit the complaint as a written grievance signed by the employee to the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days after the occurrence of receiving the matter which is the subject of the grievance. The Supervisor shall answer the grievance in writing within two (2) working days after he receives it. If the grievance is not then satisfactorily settled, then the Shop Xxxxxxx or the Business Agent of the Union may submit the written grievance to the Divisional Manager of Properties, or his designate, within a period of five (5) working days after the written answer of the Supervisor has been received by the employee or the employee’s Shop Xxxxxxx. A meeting will then be held to hear the grievance and the Business Agent of the Union shall be in attendance. The Divisional Manager of Properties, or his designate, shall answer the grievance, in writing, within three (3) working days after the grievance meeting. Charges If the grievance is not settled, then the Business Agent may within ten working days after the written decision of the Divisional Manager of Properties, or his designate, has been received, refer the grievance to Arbitration. When a dispute involving a question of general application or interpretation of this Agreement occurs, or where a group of employees or the Union or Employer has a grievance, such grievances shall be submitted and discussed by either party to the Divisional Manager of Properties, or his designate, or, in the case of an Employer grievance, to the Union’s Business Agent. Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten working days after the Employer‘s decision has been rendered at the time may not be given subsequent considerationstep prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or such longer period as agreed to by the parties. The Superintendent's response to parties shall agree on a Mediator. Proceedings before the grievance Mediator shall be informal. The rules of evidence will not apply, no record of proceedings shall be made and neither party will use legal counsel. The Mediator will have the authority to meet separately with either party. If possible, a statement of fact agreed to by the parties will be submitted to the Mediator in advance of the date scheduled for Grievance Mediation. If no settlement is reached within five (5) days following Grievance Mediation, either party can submit the matter to Arbitration in accordance with the provisions of this Agreement. In the event that such matter does proceed to Arbitration, the person serving as the Mediator may not serve as an Arbitrator and nothing said or done by the Mediator may be referred to during the arbitration proceedings. The Union and Employer will share the costs and expenses of the Mediator. When either party request that any matter be submitted to arbitration as hereinafter provided, it shall make such request in writing within ten addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five (105) employee working days thereafter the other party shall appoint a nominee; provided, however, that if such party fails to appoint a nominee as herein required, the Ontario Labour-Management Arbitration Commission shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees so appointed shall attempt to select by agreement a chairman of said discussionthe Arbitration Board. If they are unable to agree upon such a Chairman within a period of three (3) working days, they shall then request the matter is not resolved within ten (10) employee working days of said discussion, and Ontario Labour-Management Arbitration Commission to appoint an impartial chairman. No person may be appointed as a nominee who has been involved in an attempt to negotiate or settle the support staff member and/or the Association wishes to pursue it further, the grievance. No matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance arbitration which has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman properly carried through all requisite steps of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its renderingGrievance Procedure. The Association and the Xxxxxx Xxxxxxxx Shelburne School Arbitration Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reachedauthorized to make any decision inconsistent with the provisions of this Agreement, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not varynor to alter, modify, or add to the express terms and provisions or amend any part of this Agreement. The services and expense proceedings of the arbitrator shall Arbitration Board will be shared equally expedited by the Association parties thereto and in the event that there is not a majority decision of the Board of Arbitration the decision of the chairman will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the fees and expenses of the nominee appointed by it and the parties will equally bear the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits fixed in both the Grievance and Arbitration Procedure may be extended by consent of the parties to this Agreement in writing. If a time limit has been so extended, failure of the employer to reply within the time limits will be deemed to be a denial of the grievance entitling the to proceed to the next step in with this article. Failure of the Union to proceed within the time limits will be deemed to be an abandonment of the grievance. A discharged employee who has completed his probationary period may lodge a grievance against the discharge in accordance with Article The Arbitration Board if called upon to deal with a discharge grievance may direct the reinstatement of the employee with pay from such date as the Arbitration Board may determine. The parties may agree, in writing, to submit a grievance to a sole arbitrator in lieu of an Arbitration Board.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Centre or between the parties hereto relating to the interpretation, application, administrationor alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have beenviolated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Centre shall notify the employee of his right in advance. Where the Centre deems it necessaryto suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understoodthat an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have to the attentionof the employee. Step I Step Failingsettlementwithin the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing mannerand sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediatesupervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The supervisor will deliver his decision inwriting within five (5) days following the day on which the written grievance was presented to him. The Union and the Centre may meet to discuss the grievance at a time and place suitable to both patties. Failingsettlement, then: Within five (5) days following the decision inthe immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Director of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Human Resources or her immediate supervisor having the authority over the said support staff membertheir designate. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director of Human Resources or their designate and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representativeswho may be accompanied by the Boardgeneral representativeof the Union, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutualagreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Centre shall be final and binding for delivered in writing within ten following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Service Employees

GRIEVANCE AND ARBITRATION. 1.The Union and the Employer agree that there shall be no strike, lockout, slowdown, picketing, or other form of work stoppage during the term of the Agreement without first using all possible means of settlement, as provided for in this Agreement, of any controversy which may arise. A grievance is hereby jointly defined to be only a controversy, complaint, misunderstanding, or dispute arising as an alleged violationto interpretation, misinterpretation application, or misapplication with respect to one or more support staff observance of any provisions of this agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. Grievance procedures may be invoked only by authorized Union representatives. In the event of a grievance on the part of any Employee, it shall be handled in the following manner, and a decision reached at any stage will be final and binding on both parties. A. The services Employee shall discuss the grievance with his/her immediate supervisor. B. If the grievance is not resolved, the Employee will discuss the grievance with the shop xxxxxxx and expense the immediate supervisor. C. Failing to agree on the dispute, the shop xxxxxxx shall promptly submit the employee’s written grievance, on the proper Local 710 Grievance Report, to his/her immediate manager and the Union. Only those individuals who have filed are eligible for the claim. Wage claims must be filed within twenty (20) calendar days. If the wage claim is allowed, pay will only go back for a sixty (60) day period. For the purpose of this Article, the written grievance must be punched on the Center time clock for verification of proper date. D. Time is of the arbitrator essence in the above steps and if time limits are not met, the grievance will be deemed as untimely filed and shall not again be shared equally subject to the provisions of this Article. Time limits, on a specific grievance, may be extended by mutual agreement. E. Failure to follow the above procedure shall result in the dismissal of the grievance unless otherwise mutually agreed to by the Association parties. F. The UPS/710 Grievance Committee may not settle any differences unless a quorum of Employer and Union representatives is present. A quorum shall consist of at least two (2) persons from the Board.Union and two (2) persons TENTATIVE AGREEMENT

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively 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 be so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to their immediate supervisor, The employee may be accompanied by a Union xxxxxxx. All formal grievances The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Director of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberEmployee Labour Relations. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director of Employee Labour Relations and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or the parties hereto relating to the applications, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an alleged violationemployee shall have the right, misinterpretation upon request, to the presence of his/her xxxxxxx. In the case of or misapplication with respect to one or more support staff of any provisions discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be resolved exclusively in accordance with adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first giving his immediate supervisor the procedures set forthopportunity of adjusting his complaint. All formal grievances The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be submitted discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in the following manner and sequence: 1Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing five days following the day on a form developed by both partieswhich the written grievance as presented to him. Failing settlement, then: 2Step Within fifteen (15) employee working five days of its occurrence following the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having decision under Step 1 the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Boardemployee, Superintendent, Principalsaccompanied union xxxxxxx, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance union xxxxxxx shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairmanhis Department Head, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its who will deliver his decision in writing. If after thorough discussion, writing within five days following the day on which the grievance has not been satisfactorily resolved, was presented to him. This step may be omitted where the Association may request arbitration by writing to employee's immediate supervisor and Department Head are the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its renderingsame person. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.Failing settlement then:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time Insert the following standard language. Where the collective agreement provides otherwise and the parties cannot agree to the standard language, the existing provision will be maintained as non-standard language. Any non-standard provisions related to Grievance and Arbitration shall be continued under Article except as amended below. For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the STANDARD Final Guide Document, November, Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union Xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to (designated by Hospital). All formal grievances The employee may be accompanied by a Union Xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed to the (designated by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberHospital). A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures (designated by Hospital) and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its renderingparties. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.STANDARD a

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an alleged violationa difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, misinterpretation or misapplication with respect to one or more support staff application The grievance shall identify the nature of any the grievance, the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively in accordance with adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the procedures set forthopportunity of adjusting his complaint. All formal grievances The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and with his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the said employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in the following manner and sequence: It is the mutual desire of the Board or parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given immediate supervisor the expiration opportunity of the time limit for its renderingadjusting complaint. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree All complaints, in order to an arbitrator be considered a grievance, must be filed at Step within ten five (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (105) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of after the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add circumstance giving rise to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardcomplaint have occurred.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure and employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the oppor- tunity of adjusting his complaint. The griever may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall be taken up as a grievance within five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union Xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. Failing settlement, then: Step Within five (5) days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accom- panied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days ofthe submission ofthe grievance at Step unless extended by mutual agreement of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent considerationparties. The Superintendent's response to decision of the grievance Hospital shall be made delivered in writing within ten (100) employee working days following the date of said discussionsuch meeting. If Policy Grievance A complaint or grievance arising directly between the matter is not resolved Hospital and the Union concerning the interpretation application or alleged violation of the Agreement shall be originated at Step within ten (10) days following the circumstances giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a xxxx- xxxxx directly affecting an employee working days which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee. Where a number of said discussionemployees have identical grievances, and the support staff member and/or the Association wishes each one would be entitled to pursue it furthergrieve separately, the matter they may be submitted present a group grievance, in writing identifying each employee who is grieving, to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the SuperintendentDepartment Head, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, or his designate within ten (10) days of receipt of after the grievance, circumstances giving rise to the grievance have occurred. The grievance shall designate a reasonable time and place for discussion of the matter with a representative of the Association then be treated as being initiated at Step and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and applicable provisions of this Agreement. The services and expense Article shall then apply with respect to the handling of the arbitrator shall be shared equally by the Association and the Boardsuch grievance.

Appears in 1 contract

Samples: Service Collectiveagreement

GRIEVANCE AND ARBITRATION. A For the purpose this Agreement, a grievance or com- plaint is defined as a difference arising either between a member the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an alleged violationemployee shall have the right, misinterpretation upon request, to the presence xxxxxxx. In the case of suspension or misapplication with respect discharge, the Hospital shall notify the employee his right in advance. Where the Hospital deems it necessary to one suspend or more support staff dis- charge an employee, the Hospital shall the Union of any provisions of this agreementsuch suspension or discharge in writing, within three (3) days. Grievances It is the mutual desire the parties hereto that com- plaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance a union xxxxxxx he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor' decision in accordance with the procedures set forthfollowing manner and sequence Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement then: step Within five (5) days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5 days following the day on which was presented to him. This step may be omitted where the immediate supervisor and Department Head are the same person. Failing settlement then: Step Within five days following the decision in the immedi- ately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig- nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final delivered in writing within ten days following the date of such meeting. Policy Grievance A complaint or grievance arising directly between the Hospital and binding for the duration Union concerning the interpretation, applica- tion or alleged violation of the Agreement provided that it does not vary, modify, or add shall be originated at Step within ten days following the circumstances giving rise to the express terms and grievance. It is expressly understood, however, that the provisions of this AgreementArticle may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee. Group Grievance Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may pre- sent a group grievance, in writing identifying each employee who is grieving, to the Department Head, or his designate within ten days after the giving rise to the grievance have occurred. The services and expense of the arbitrator grievance shall then be shared equally by the Association treated as being initiated at Step and the Board.applicable provisions of this Article shall then apply with respect to the handling of such grievance

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an alleged violationemployee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, misinterpretation the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or misapplication with respect to one discharge an employee, the Hospital shall notify the Union of such suspension or more support staff discharge in writing, within three (3) days. It is the mutual desire of any provisions of this agreement. Grievances the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisorwithinfive (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his manager or designate. All formal grievances The employee may be accompanied by a Union xxxxxxx. The manager or designate will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence to the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberDirector, Human Resources. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director, Human Resources or designate and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Full-time and Part-time For the purposes of this Agreement, a grievance is or complaint defined as an a difference arising either between a member of bargaining unit and the Centre or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to The employee may be accompanied by a Union xxxxxxx. All formal grievances The deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Centre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then; Step Within five (5) days following the decision in the immediately proceeding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Director of its occurrence the grievance Human Resources and all information relative thereto must be discussed by and between support staff aggrieved and his Organizational Development or her immediate supervisor having the authority over the said support staff memberdesignate. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director of Human Resources and schedules set forth herein. No support staff member shall suffer any reprisals Organizational Development or designate and the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Centre shall be final delivered in writing within ten days following the date of such meeting. Policy Grievance A complaint or grievance arising directly between the Centre and binding for the duration Union concerning the interpretation, application or alleged violation of the Agreement provided that it does not vary, modify, or add shall be originated at Step within ten days following the circumstances giving rise to the express terms and grievance. It is expressly understood, however, that the provisions of this AgreementArticle may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. The services and expense of Where the arbitrator grievance is a Centre grievance it shall be shared equally by filed with the Association and the BoardGrievance Committee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation or the Agreement, misinterpretation or misapplication with respect to one or more support staff The grievance shall identify the nature of any the grievance, the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire or the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union Xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement, then: Within five days following the decision under step 1 the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing Within five days the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Agreement

GRIEVANCE AND ARBITRATION. A Either the Employer, the Union or any employee has a right to lodge a grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one any matter arising out of this Agreement or more support staff concerning the interpretation, application or alleged violation of any this Agreement. Any employee believing that he has been unjustly dealt with or that the provisions of this agreementAgreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal Such grievances shall be submitted in writing on a form developed by both partiesprocessed as follows: Step One Between the employee concerned, his Union representative and the Company. Within fifteen The grievance must be filed within eighteen (1518) employee working days of its occurrence after the event giving rise to the grievance occurs and all information relative thereto must within this period of time it shall be discussed by and between support staff aggrieved and his or her immediate supervisor having at this Step. The Manager shall give an oral decision within four (4)working days from the authority over date the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrencediscussion took place. If the matter is not settled at Union wishes to appeal to the Supervisor level within ten (10) employee working daysnext Step, the grievance shall be referred reduced to writing and the Superintendent of Schools. The support staff member and/or the authorized representative of the Association appeal shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter filed with the support staff member and/or authorized representative Store Manger within five six (56) employee working days of receiving from the written grievanceStore Manager's oral decision. Charges not submitted and discussed by either party at Step Two Between the time may not be given subsequent consideration. The Superintendent's response to employee concerned, the grievance shall be made in writing within ten (10) employee working days of said discussion. If Union representative, the matter is not resolved within ten (10) employee working days of said discussionDepartment Manager, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the SuperintendentCompany. The Chairman, discussion at this Step shall be held within ten seven (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working 7)working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman date of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingappeal. The decision of the arbitrator Employer at this Step shall be final in writing and binding for the duration be made within four (4)working days of the Agreement provided that it does not varydate of the meeting. Should the Union wish to appeal, modify, or add such notice of appeal must be in writing to the express terms within one (1) week of the decision of the Company at STEP TWO. Step Three The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and provisions returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7)days from the date of the meeting. In the case of a dismissal, a grievance may be by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5)working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this Agreementcase during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. The services and expense of the arbitrator shall be shared equally by the Association Employer and the BoardUnion may file grievances commencing at STEP THREE.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE AND ARBITRATION. A grievance It is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff the -mutual desire of any provisions the parties hereto that complaints of this agreement. Grievances employees shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his supervisor an opportunity to adjust the complaint. If an employee has a complaint, he shall discuss it with his supervisor within three working days after the circumstances giving rise to the complaint have occurred or have or ought to have reasonably come to the attention of the employee: failing settlement within one working day thereafter, it shall then be taken up as a grievance within three working days following advice of the supervisor’s decision; in accordance the following manner and sequence: STEP NO. 1 The employee, with the procedures set fortha xxxxxxx, may present his grievance to his supervisor. All formal grievances The grievance shall be submitted in writing on a grievance form developed approved by both parties. Within fifteen (15) employee the Company and the Association and shall include the remedy sought and shall be sufficiently specific to identify the alleged violation of the Agreement; failing settlement the supervisor shall deliver his decision in writing within three working days following the presentation of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberto him. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth hereinFailing settlement: STEP NO. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee 2 Within three working days of occurrenceafter the decision in Step No. If the matter 1 is not settled at the Supervisor level within ten (10) employee working daysgiven, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to employee, with a xxxxxxx, may submit the grievance in writing to the Superintendent of SchoolsOperations Manager or his designate. The Superintendent must A meeting will be held with the Manager or his designate and Chief Xxxxxxx or Department and/or employee to discuss the matter with the support staff member and/or authorized representative within five (5) employee grievance. Within three working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said this meeting, the Board Operations Manager shall render its deliver his decision in writing. If after thorough discussion, following the presentation of the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee him. STEP NO. 3 Within three working days after the rendering decision in Step No. 2 is given; the griever, who shall have the assistance of the said Grievance Committee, may submit the grievance in writing to the Group President or his designate. A meeting will then be held within five working days the Group President or his designate, and the Grievance Committee (which the Company may restrict to not more than two members at the meeting) and the President or his designate, or the shall be present at the request of either the Company or the decision of the Board Group President or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board his designate shall mutually agree to an arbitrator be in writing within ten (10) employee seven working days. If agreement cannot be reachedIt is understood that the President or his designate, and the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days Grievance Committee of the hearingmay have such council and assistance as they may desire at any such meeting. The decision of All decisions arrived at between the arbitrator Company and the Association shall be final and binding for upon the duration of the Agreement provided that it does not varyCompany, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardor employees concerned. Failing settlement under the foregoing procedure or any grievance the parties arising from the interpretation, application, or alleged violation of the Agreement, including any question as a matter is such grievance may be submitted to as hereinafter provided. If no written request for arbitration is received within one month after the decision under Step No. 3 is given, the shall be deemed to have been settled.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE AND ARBITRATION. A Either the Company, the Union or any employee has a right to lodge a grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one any matter arising out of this Agreement or more support staff concerning the interpretation, application or alleged violation of any this Agreement. Any employee believing that he has been unjustly dealt with, or that the provisions of this agreementAgreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Company, if necessary. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal Such grievances shall be submitted in writing on a form developed by both parties. Within presented indicating the provision of the Agreement which has been allegedly violated, and shall be processed as follows: Step One: The grievance must be filed within fifteen (15) employee working days of its occurrence after the event giving rise to the grievance occurs and all information relative thereto must within this period of time it shall be discussed by between the employee concerned, his Union Representative and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberStore Manager. A grievance The Store Manager shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and give an oral decision within fifteen (15) employee five working days of occurrencefrom the date the discussion took place. If the matter is not settled at Union wishes to appeal to the Supervisor level within ten (10) employee working daysnext Step, the grievance shall be referred reduced to the Superintendent writing. Notice of Schools. The support staff member and/or the authorized representative of the Association appeal shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter filed with the support staff member and/or authorized representative Store Manager within five (5) employee working days from the Store Manager’s oral decision. Step Two: A meeting shall be held within five working days of receiving the written grievance. Charges not submitted date of the notice of appeal and discussed by either party at the within this period of time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) discussed between the employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it furtherconcerned, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the SuperintendentUnion Representative, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meetingStore Manager, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingDistrict Manager and/or their delegates. The decision of the arbitrator Company at this Step shall be final in writing and binding for the duration be made within five working days of the Agreement provided that it does not varydate of the meeting. Should the Union wish to appeal, modify, or add such notice of appeal must be in writing to the express terms Head Office of the Company within five working days of the decision of the Company at Step Two. Step Three: The grievance shall be forwarded to the Head Office of the Company, which shall have five working days to dispose of the grievance. The disposition shall be in writing and provisions returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within five working days from the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this Agreementcase during the grievance procedure, the Company may reinstate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance. with the above procedures and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retroactive thereto. The services and expense of Company or the arbitrator Union may file grievances commencing at Step Three. If an Arbitration Board finds that the Company or the Union has violated the Collective Agreement, it shall be shared equally have the power to award compensation to the Company or an employee affected by the Association and the Boardviolation.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension-or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Director of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberEmployee Labour Relations. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director of Employee Labour Relations and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Either the Company, the Union or any employee has a right to lodge a grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one any matter arising out of this Agreement or more support staff concerning the interpreta- tion, application or alleged violation of any this Agreement. Any employee believing that he has been unjustly dealt with, or that the provisions of this agreementAgreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjust- ment by the Company, if necessary. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal Such grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days presented indicating the provision of its occurrence the Agreement which has been allegedly violated, and shall be processed as follows: Step One: The grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and filed within fifteen (15) employee I working days after the event giving rise to the grievance occurs and within this period of occurrencetime it shall be discussed between the employee concerned, his Union Representa- tive and the Store Manager. The Store Manager shall give an oral decision within five working days from the date the discussion took place. If the matter is not settled at Union wishes to appeal to the Supervisor level within ten (10) employee working daysnext Step, the grievance shall be referred reduced to writing. Notice of appeal shall be filed with the Superintendent of SchoolsStore Manager within five working days from the Store Manager’s oral decision. The support staff member and/or the authorized representative Step Two: A meeting shall be held within five work- ing days of the Association shall be required to submit date of the grievance in writing to the Superintendent notice of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative appeal and within five (5) employee working days this period of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) discussed between the employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it furtherconcerned, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the SuperintendentUnion Representative, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meetingStore Manager, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingDistrict Manager and/or their delegates. The decision of the arbitrator Company at this Step shall be final in writing and binding for the duration be made within five working days of the Agreement provided that it does not varydate of the meeting. Should the Union wish to appeal, modify, or add such notice of appeal must be in writing to the express terms Head Office of the Com- pany within five working days of the decision of the Company at Step Two. Step Three: The grievance shall be forwarded to the Head Office of the Company, which shall have five working days to dispose of the grievance. The disposition shall be in writing and provisions returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within five working days from the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this Agreementcase during the grievance procedure, the Company may reinstate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedures and the disposition of such grievances, if sustained, shall include the determi- nation of the effective date of the increase with retroactive thereto. The services and expense of Company or the arbitrator Union may file grievances commencing at Step Three. If an Arbitration Board finds that the Company or the Union has violated the Collective Agreement, it shall be shared equally have the power to award compensation to the Company or an employee affected by the Association and the Boardviolation.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an alleged violationemployee shall have the right, misinterpretation upon request, to the presence of xxxxxxx. In the case of suspension or misapplication with respect to one or more support staff of any provisions discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three ( 3 ) days. It is the mutual desire of the parties hereto that com- plaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be with his immediate super- visor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to t h e attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. Failing settlement, then: Within five (5) days following the decision under Step the employee, accompanied by a union xxxxxxx, or the Union xxxxxxx shall submit the written grievance to his Department Director, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then; Step Within five (5) days following the decision in the immedi- ately step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig- nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made delivered in writing within ten (10) employee working days following the date of said discussionsuch meeting. If Policy Grievance A complaint or grievance arising directly between the matter is not resolved Hospital and the Union concerning the interpretation, applica- tion or alleged violation of the Agreement shall be originated at Step within ten (10) days following the circumstances giving to the grievance. It is expressly understood, however, that the provisions of this Article may not be used within to a grievance directly affecting an employee working days which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed, Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee. Group Where a number of said discussionemployees have identical grievances, and each one would be entitled to grieve separately they may present a group grievance, in writing identifying each employee who is grieving, to' the support staff member and/or the Association wishes to pursue it furtherDepartment Director, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairmanor his designate, within ten (10) days of receipt of after the grievance, circumstances giving rise to the griev- ance have occurred. The grievance shall designate a reasonable time and place for discussion of the matter with a representative of the Association then be treated as being initiated at Step and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and applicable provisions of this Agreement. The services and expense Article shall then apply with respect to the handling of the arbitrator shall be shared equally by the Association and the Boardsuch grievance.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an alleged violationemployee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, misinterpretation or misapplication with respect to one or more support staff of any provisions the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. Access to Union Xxxxxxx is not deemed denied where a Xxxxxxx not immediately available to Hospital. However, the employee shall have the right to the presence of a Union Xxxxxxx from another bargaining unit, or an employee within the bargaining unit of their choice who is not immediately involved in the circumstances as determined by the Hospital. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively 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. The may have the assistance of a Union Xxxxxxx if so desires. Such complaint shall be discussed with immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within five (5) days, it shall then be taken up as a grievance within five (5) days following immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by to Manager. All formal grievances The employee may be accompanied by a Union Xxxxxxx. The Manager will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to Human Resources of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between Human Resources or the procedures and schedules set forth herein. No support staff member shall suffer any reprisals designated Hospital representativeand the designated Union representativeswho may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Either the Company, the Union or any employee has a right to lodge a grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one any matter arising out of this Agreement or more support staff concerning the interpretation, application or alleged violation of any this Agreement. Any employee believing that he has unjustly dealt with, or that the provisions of this agreementAgreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Company, if necessary. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal Such grievances shall be submitted in writing on a form developed by both parties. Within presented indicating the provision of the Agreement which has been allegedly violated, and shall be processed as follows: Step One: The grievance must be filed within fifteen (15) employee working days of its occurrence after the event giving rise to the grievance occurs and all information relative thereto must within this period of time it be discussed by between the employee concerned, his Union Representative and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberStore Manager. A grievance The Store Manager shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and give an oral decision within fifteen (15) employee five working days of occurrencefrom the date the discussion took place. If the matter is not settled at Union wishes to appeal to the Supervisor level within ten (10) employee working daysnext Step, the grievance shall be referred reduced to the Superintendent writing. Notice of Schools. The support staff member and/or the authorized representative of the Association appeal shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter filed with the support staff member and/or authorized representative Store Manager within five (5) employee working days from the Store Manager’s oral decision, Step Two: A meeting shall be held within five working days of receiving the written grievance. Charges not submitted date of the notice of appeal and discussed by either party at the within this period of time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) discussed between the employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it furtherconcerned, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the SuperintendentUnion Representative, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meetingStore Manager, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingManager and/or their delegates. The decision of the arbitrator Company at this Step shall be final in writing and binding for the duration be made within five working days of the Agreement provided that it does not varydate of the meeting. Should the Union wish to appeal, modify, or add such notice of appeal must be in writing to the express terms Head Office of the Company within five working days of the decision of the Company at Step Two. Step Three: The grievance shall be forwarded to the Head Office of the Company, which shall have five working days to dispose of the grievance. The disposition shall be in writing and provisions returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within five working days from the date of the meeting. In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and shall commence at Step Two. In any subsequent disposal of this Agreementcase during the grievance procedure, the Company may reinstate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above procedures and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retroactive thereto. The services and expense of Company or the arbitrator Union may file grievances commencing Three. If an Arbitration Board finds that the Company or the Union has violated the Collective Agreement, it shall be shared equally have the power to award compensation to the Company or an employee affected by the Association and the Boardviolation.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A It is agreed by the parties hereto that the grievances of employees should be adjusted as quickly as possible. If an employee has a grievance is defined as an he his designated representative shall discuss it with his supervisor within thirty (30) days after the alleged violation, misinterpretation or misapplication with respect grievance has arisen so that his supervisor may have the opportunity of adjusting the grievance on a department level. The supervisor's written response to one or more support staff of any provisions the grievance will be given within ten (1 0) days after such discussion has taken place. For the purpose of this agreement. Grievances Article the supervisor shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on mean manager of a form developed department or other person designated by both parties. Within fifteen (15) employee working days of its occurrence STEP ONE Failing settlement, the grievance and all information relative thereto must may be discussed by and between support staff aggrieved and his or her immediate supervisor having taken up on the authority over the said support staff member. A grievance shall be deemed waived if following sequence provided it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrencethe supervisor's reply thereto. If The grievance may be presented in writing to the matter is manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not settled at the Supervisor level more than two (2) employees of within ten (10) employee working days, days of the receipt of the grievance shall be referred to at which the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed may attend if requested by either party in the company of the Guild representative and provided they can be spared operationally by for the purpose of assistance at the time may not be given subsequent consideration. The Superintendent's response to meeting as he considers necessary and will give the grievance shall be made his decision in writing within ten (10) employee working days of said discussion. If following the matter is not resolved within ten (10) employee working days of said discussionmeeting, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted with a copy to the Board in accordance with Guild representative. STEP TWO In the following procedure. Within ten (10) employee working days of having received the written response event that any difference arising from the Superintendentinterpretation, the Association may submit the written grievance with all attached responses to the Chairman application or alleged contravention of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance this Agreement has not been satisfactorily resolvedsettled under the foregoing Grievance Procedure, the Association may request arbitration matter shall then, by notice in writing given to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingdate of the decision from the Manager for Canada or his designate, be referred to arbitration as hereinafter provided. All such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fail to agree upon an arbitrator within thirty (30) days of the date of receipt of the notice of intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision of and the arbitrator decision shall be final and binding upon both parties. The arbitrator shall not be authorized to alter, modify or amend any part of the terms of this Agreement not to make any decision inconsistent therewith. and the Guild shall each pay one-half the remuneration and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations in this Article shall serve as a guideline for the duration parties. Failure to comply with these guidelines shall not constitute a time-bar. The arbitration shall, however, fashion any monetary or other relief giving due consideration to any prejudice resulting from unreasonable delay by either party. The time limits imposed upon either party at any step in the grievance procedure may be extended by mutual agreement. A request for extension of the time limit made prior to the expiry of such time limit shall not be unreasonably denied. Where no reply is given to a grievance within the time limits specified, the the Guild or as the case may be, shall be entitled to submit the grievance to the next step in the grievance procedure. Where the arbitrator determines that a disciplinary penalty or discharge is excessive, the arbitrator may substitute such other penalty for the discipline or discharge as the arbitrator considersjust and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the interpretation, application, administration or alleged contravention of the Agreement. Such grievance shall be presented in writing signed by the Manager for Canada or his designate, to the Guild within ten days following the occurrence or origination of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation of the grievance, the Guild shall give its written reply to the grievance in ten days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten (10) days of the date received the Guild’s reply. Guild Grievance The Guild shall have the right to file a grievance on a difference directly with arising out of the Agreement provided that it does not varyconcerning the interpretation, modifyapplication, administration or add alleged contravention of the Agreement. Such grievance shall be submitted in writing to the express terms Manager for Canada or his designate within ten days following the occurrence of the circumstances giving rise to the grievance. Failing settlement at a meeting held with the Guild Grievance Committee within thirty (30) days of the presentation of the grievance, shall give the Guild its written reply to the grievance in ten 0) days following the meeting. Failing settlement, such grievance may be referred to arbitration within ten (10) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the same individual grievance arising out of the same circumstances and provisions based on the same incident, such grievances may be combined and treated as a group grievance. The Guild shall have the right to file a group grievance on behalf of the affected individual employees and the regular grievance procedure shall be followed. For the purpose of this Agreement, "day" means a calendar day and "grievance" means a complaint arising from the interpretation, application, administration or alleged violation of this Agreement. The services Discipline and expense of the arbitrator shall be shared equally by the Association and the Board.Discharge

Appears in 1 contract

Samples: Letter of Agreement Letter of Agreement Letter of Agreement Letter of Agreement Letter of Agreement Letter of Agreement

GRIEVANCE AND ARBITRATION. A Step One Where there is a grievance is defined as by an alleged violationemployee, misinterpretation or misapplication with respect to one or more support staff of any provisions of this agreement. Grievances the same shall be resolved exclusively made in accordance writing to the xxxxxxx within two (2) working days of the occurrence. The xxxxxxx shall take the grievance up with the procedures set forthemployer's representative of the aggrieved employee. All formal No grievances will be filed under article against delinquent employers owing monies to the Pipe Trades Administration Office for trust funds or unpaid wages or non-remitting of union dues in time. Action for delinquency of trust funds will be taken as outlined in article An answer shall be given not later than twenty-four (24) hours following presentation of the grievance by the xxxxxxx. Step If the decision has not been given within the prescribed time or if the decision is not acceptable, then the grievance shall be submitted in writing on a form developed by both partiesto the Local Labour-Management Committee within one further working day. Within fifteen The Local Labour-Management Committee shall render their decision not later than four (154) employee working days of its occurrence being presented with the grievance. If the decision is not given in the prescribed time or if the decision is not acceptable then the grievance and all information relative thereto must may be discussed by and between support staff aggrieved and his submitted to the Joint Conference Board within two (2) working days or her immediate supervisor having the authority over may at this stage proceed directly to step four (4) within two (2) working days if it is desirable to do so. The local union shall be entitled to submit a grievance in writing directly to the said support staff memberemployer 'of the employer's representative on the job site who shall render a decision not later than two (2) working days following the presentation of the grievance to him. A The employer, or it's representative, shall be entitled to submit a grievance in writing directly to the local union. The union shall render their decision not later than two working days following the presentation of the grievance to them. Failing settlement any grievance shall be deemed waived if it is not presented subject to arbitration in accordance with the procedures and schedules set forth hereinfollowing clause. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the Step Three The grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall Conference Board which will be required to submit hear the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative and give an answer within five four (54) employee working days of receiving the written grievance. Charges not submitted and discussed by either Should the grievance party at the time may not be satisfied with the results of this, the procedure will be as follows: If the decision is not given subsequent considerationin the prescribed time or if the decision is not acceptable the shall within two (2) working days submit the grievance to an arbitrator named in article in accordance with The following persons are agreed upon as arbitrators and have agreed to serve as arbitrators under the terms of this agreement. The Superintendent's response party initiating the grievance shall file the grievance with the arbitrator first named above, and if the arbitrator is not available or unable to serve for any reason, the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance filed with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendentarbitrator second or next named above: Arbitrators, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievanceafter each arbitration, shall designate a reasonable time and place for discussion of rotate in their placement on the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardlist.

Appears in 1 contract

Samples: Commercial Agreement Collective Labour Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Centre or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Centre shall notify the employee of his right in advance. Where the Centre deems it necessary to suspend or discharge an employee, the Centre shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Centre may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Director of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Human Resources or her immediate supervisor having the authority over the said support staff membertheir designate. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director of Human Resources or their designate and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed submission of the grievance at Step unless extended by either party at mutual agreement of the time may not be given subsequent considerationparties. The Superintendent's response to decision of the grievance Centre shall be made delivered in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10IO) days following the date of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said such meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation, misinterpretation or misapplication with respect to one or more support staff violation of any provisions of this agreementthe Agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A The grievance shall be deemed waived if it is not presented in accordance with identify the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt nature of the grievance, shall designate a reasonable time the remedy sought, and place for discussion should, where possible, specify the provisions of the matter with a representative Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the Association and grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee involvedof this right in advance. Within fifteen (15) employee working days Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the said meetingparties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the Board opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working be discussed with his immediate supervisor within five days after the rendering circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the said employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor’s decision of in the Board or following manner and sequence: The employee shall submit the expiration of the time limit for its renderinggrievance, in writing, and signed by him, to his immediate supervisor. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot may be reached, the American Arbitration Association shall within ten (10) days appoint an arbitratoraccompanied by a Union xxxxxxx. The arbitrator shall hold a hearing and render a immediate supervisor will deliver his decision in writing within thirty (30) five days of following the hearingday on which the written grievance was presented to him. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not varyFailing settlement, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.then:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A grievance For the purposes of this Agreement, a griev- ance or complaint is defined as an a difference arising either between a member bargaining unit and the Hospital or between the parties hereto relating to the interpretation, ap- plication, administration or alleged violationviolation of the Agree- ment. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively 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 assist- ance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five days after the circum- stances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor’s decision in accordance with the procedures set forthmanner and sequence: STEP ONE The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written griev- ance was presented to him. Failing settlement, then: STEP TWO Within five days following the decision under Step the employee, accompanied by a union stew- ard, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the em- ployee’s immediate supervisor and Department Head are the same person. Failing settlement, then: five days following the decision in the immedi- ately step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accom- panied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association Union, within five days of the submission of the grievance at Step unless extended by mutual agreement of the parties. The decision of the Hospital shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made deliv- ered in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10IO) days following the date of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said such meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Every effort will be made to settle disputes during the early stage of the Grievance Procedure. It is understood a amount of time may be spent by the members of the Union Grievance Committee in order to investigate and participate in grievance is defined as an matters and the Union agrees that the members of its Committees will co-operate with the Company in not conducting investigations in which unduly interfere with the Company's operations. The Company agrees that it shall not prevent the Committee from properly fulfilling its obligations to investigate and grievances. Subject to the terms of this agreement, any difference concerning the interpretation, application, administration or alleged violation, misinterpretation may be employee unjustly discharged or misapplication with respect to one disciplined, or more support staff of any provisions of this agreement. Grievances who feels en unjustly dealt with, the following procedure shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both partieswriting, copy of which shall be given to the to the employees' Xxxxxxx. Within fifteen The grievance must be the Manager within five (155) employee working days of its occurrence after the grievance the matter of; and all information relative thereto the shall answer' writing, within five (5) working days after he has received e must be discussed by in a legible form and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals signed by the Boardemployee. not been settled, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level Union Xxxxxxx of the Superintendent of Schools providing that the grievance is in writing and within fifteen employee five (155) employee working days of occurrence. If after receiving the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit written present the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance General who shall be made render his decision in writing within ten (10) employee working days five the Local Chairperson and/or his representative receiving a written decision of said discussion. If the matter is not resolved within ten (10) employee working days e present the grievance to the Area I CollectiveAgreement Windsor -And- CAW Local Page Following the presentation of said discussion, the grievance at this Step there shall be arranged a meeting between Management and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board Grievance Committee (consisting of two (2) members only) which meeting will take place in accordance with the following procedure. Within ten five (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee 5 )working days after the rendering grievance has been presented. The National Representative, Local President or their nominee may attend. A written response shall be given by Management within five days. Arbitration In the event that the matter has not been settled either party contact the other party in an endeavour to agree on a single arbitrator. Failing Agreement within three (3) working days, arbitration will be instituted under the following conditions. The party referring the matter to Arbitration will state the specific matter to be with and provide the names of three Arbitrators to hear and decide the matter. In the event the other party does not agree with any of the said choice of Arbitrators, they will offer three alternate choices. Failure to agree on an Arbitrator, the parties will apply to the Canada Labour Relations Board for an appointment. The Arbitrator shall then forthwith consider and determine the matters in issue which have been submitted to them for disposal und the decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board Arbitrator shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreementon all parties concerned. The services parties shall jointly and expense equally bear the expense, of the arbitrator shall be shared equally by the Association and the Boarda single Arbitrator.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of t h i s a grievance or com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the which are alleged to have been vio - lated. At the time formal discipline is imposed or a t any stage of the grievance procedure an alleged violationemployee shall have t h e right, misinterpretation upon request, to the presence of xxxxxxx. In the case of suspension or misapplication with respect discharge, the Hospital s h a l l notify the employee of h i s right in advance. Where the deems it necessary to one suspend or more support staff dis - charge an employee, the Hospital shall notify the of any provisions such suspension or discharge in writing, within three ( 3 ) days. It the mutual desire of this agreement. Grievances the parties hereto t h a t com- plaints shall be resolved exclusively adjusted as quickly as possible, and it is understood t h a t an employee has no grievance until he has f i r s t given h i s immediate supervisor the opportunity of adjusting his complaint. The have the assistance of a union xxxxxxx i f he so desires. Such complaint shall be discussed with h i s immediate super - visor within five ( 5 ) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five ( 5 ) days, it shall then be taken up as a grievance within five (5) days following h i s immediate decision in accordance with the procedures set forthfollowing manner and sequence. All formal grievances S t e p The employee shall submit the grievance, in writing, and signed by him, to h i s immediate supervisor. The may be accompanied by a xxxxxxx. The immediate supervisor w i l l deliver h i s decision in writing within five ( 5 ) days following the day on which the written grievance was presented to him. Fa settlement then : Step Within five ( 5 ) days following the decision under Step Head, who w i l l deliver h i s decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the immediate supervisor and Head are the same person. Failing settlement then: S t e p Within five (5) days following t h e decision in the immedi- a t e l y preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff membert h e designated Hospital representative. A grievance shall meeting w i l l then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig - nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration a t Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator shall be final delivered in writing within ten days following the date of such meeting. Policy Grievance A complaint or grievance arising directly between the Hospital and binding for the duration concerning the interpretation, applica - tion or alleged violation of the Agreement provided that it does s h a l l be originated a t Step within ten ( 1 0 ) days following the giving rise to t h e grievance. It is expressly understood, however, t h a t the provisions t h i s may not vary, modify, or add be used with respect to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association a grievance directly affecting an employee which he could have instituted himself and the Board.regular grievance procedure s h a l l not be thereby Where the grievance is a grievance it s h a l l be

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions of this agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. 26.1 All formal grievances shall be submitted handled in the following manner: STEP ONE: (oral) A grievance may be filed no later than ten (10) working days after the grievance first becomes known, or should have become known. The grievance must be presented by the Union or the aggrieved employee to the proper supervisor involved, and the parties shall meet within five (5) working days in an effort to resolve said grievance. If the grievance is not resolved with the supervisor, the grievance shall be reduced to writing, citing the Article and section of this Agreement which has been allegedly violated. STEP TWO: (written) If the grievance is not settled in Step 1, the written grievance may, no later than five (5) working days after the Step 1 meeting, be referred by the Union to the Employer, and the parties shall meet within five (5) working days of the receipt of the grievance, in an effort to resolve the grievance. If the grievance is rejected at this step of the grievance and arbitration procedure, the Employer will state the reasons for such rejection in writing to the Union, within five (5) working days of the Step 2 meeting. STEP THREE: (hearing) If the grievance is not settled at Step 2, the union may request a Grievance Board of Adjustment review within five (5) working days immediately following receipt of the Employer’s written response, by delivering a written notice to the Employer. Within five (5) working days of such notice the parties shall agree upon a hearing date. The Grievance Board shall consist of a total of four (4) duly appointed representatives of the following: Two (2) representing the Local Union, and two (2) representing the Employer. The grievance may be settled by three votes favoring the determining outcome. The decision of this board will be final and binding on a form developed by both parties. Within fifteen STEP FOUR: (15arbitration) employee working days of its occurrence If the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level Grievance Board of Adjustment, the Union may request Arbitration within ten the fifteen (1015) employee working days, immediately following the grievance shall be referred decision of the Grievance Board, delivering a written notice to the Superintendent Employer, of Schoolsits intent to arbitrate the dispute. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within Within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering receipt of the said decision notice of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree intent to an arbitrator within ten (10) employee working days. If agreement cannot be reachedarbitrate, the American Arbitration Association shall within ten Union will request the Federal Mediation and Conciliation Service to furnish a list of five (105) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of arbitrators, from which the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreementselected. The services and expense of the arbitrator Such selection shall be shared equally by the Association and the Board.accomplished within five

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION. A grievance 22:01 It is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff the mutual desire of any provisions the Parties hereto that complaints of this agreement. Grievances employees shall be resolved exclusively adjusted as quickly as possible and it is understood that an employee has no grievance until he has first given his Supervisor an opportunity of adjusting his complaint. If an employee has a complaint, he shall discuss it with his Supervisor within three working days after the circumstances giving rise to the complaint have occurred or when the employee became aware of the circumstance, but in accordance with no event shall the procedures set forthelapsed time exceed 5 working days. All formal grievances Failing settlement within 3 working days thereafter it shall then be taken up as a grievance within 3 working days following advice of the immediate management representative decision in the following manner and sequence: STEP NO. 1 The employee, who may request the assistance of the Xxxxxxx, may present his grievance to the Production Manager. The grievance shall be submitted in writing on an approved grievance form. It will then become a form developed matter for discussion by both parties. Within fifteen (15) employee the parties and shall include the nature of the grievance, the article or articles of this Agreement alleged to have been violated, the remedy sought; failing settlement, and must be signed and dated by the employee; the Production Manager shall deliver his decision in writing within 3 working days following the presentation of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberto him. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that If the grievance is in writing and not appealed to the next step within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee 3 working days, it will be considered settled at this step. Failing settlement: STEP NO. 2 Within 5 working days after the grievance decision in Step No. 1 is given, the grievor, who shall be referred to have the Superintendent of Schools. The support staff member and/or the authorized representative assistance of the Association shall be required to Grievance Committee, may submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, Human Resources Manager or his designate and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time Grievance Committee and place for discussion of the matter with a an accredited representative of the Association and Union shall be present at the employee involved. Within fifteen (15) employee working days request of either the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board Company or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingUnion. The decision of the arbitrator Human Resources Manager or his designate shall be final delivered in writing within 5 working days. It is understood that the Human Resources Manager or his designate may have such counsel and binding for assistance as he may desire at any such meeting. If the duration of the Agreement provided that it does grievance is not vary, modify, or add appealed to the express terms and provisions of this Agreementnext step within 5 working days, the grievance will be considered settled. The services and expense of the arbitrator shall be shared equally by the Association and the Board.STEP NO. 3

Appears in 1 contract

Samples: Agreement

GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer of the Hospital or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed submission of the grievance at Step unless extended by either party at mutual agreement of the time may not be given subsequent considerationparties. The Superintendent's response to decision of the grievance Hospital shall be made delivered in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10IO) days following the date of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said such meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation, misinterpretation or misapplication with respect to one or more support staff violation of any provisions of this agreementthe Agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff member. A The grievance shall be deemed waived if it is not presented in accordance with identify the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt nature of the grievance, shall designate a reasonable time the remedy sought, and place for discussion should, where possible specify the provisions of the matter with a representative Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the Association and grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee involvedof this right in advance. Within fifteen (15) employee working days Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the said meetingparties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the Board opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working be discussed with his immediate super- visor within five days after the rendering circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the said employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision of in the Board or following manner and sequence: The employee shall submit the expiration of the time limit for its renderinggrievance, in writing, and signed by him, to his immediate supervisor. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot may be reached, the American Arbitration Association shall within ten (10) days appoint an arbitratoraccompanied by a Union xxxxxxx. The arbitrator shall hold a hearing and render a immediate supervisor will deliver his decision in writing within thirty (30) five days of following the hearingday on which the written grievance was presented to him. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not varyFailing settlement, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.then:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his Department Manager the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his Department Manager, The employee may be accompanied by a Union xxxxxxx. All formal grievances The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberHospital. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed submission of the grievance at Step unless extended by either party at mutual agreement of the time may not be given subsequent considerationparties. The Superintendent's response to decision of the grievance Hospital shall be made delivered in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10IO) days following the date of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said such meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time the following standard language. Where the collective agreement provides otherwise and the parties cannot agree to the standard language, existing provision will be maintained as non-standard language. Any non-standard provisions related to Grievance and Arbitration shall be continued under Article except as amended below. For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union Xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to (designated by Hospital). All formal grievances The employee may be accompanied by a Union Xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to STANDARD Central Guide Document October him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed to the (designated by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberHospital). A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures (designated by Hospital) and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to their immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Director of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberEmployee Labour Relations. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director of Employee Labour Relations and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either A between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible, specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances shall be resolved exclusively in accordance with At the procedures set forth. All time formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days discipline is imposed or at any stage of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his procedure, an employee shall have the right, upon request, to the presence of his/her xxxxxxx. In the case of or her immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working daysdischarge, the grievance Hospital shall be referred notify the employee of this right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Superintendent Hospital shall notify the Union of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made such suspension or discharge in writing within ten (10) employee working days three days. It is the mutual desire of said discussion. If the matter is not resolved within ten (10) employee working days of said discussionhereto that complaints shall be adjusted as as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the support staff member and/or opportunity of adjusting his complaint. The may have the Association wishes assistance of a xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five days after the circumstances giving rise to pursue it furtherhave occurred CT ought reasonably to have come to the attention of the Failing settlement within the five days, it shall be taken a grievance within days following his supervisor's in the matter following manner and sequence: 1Step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be submitted to the Board accompanied by a xxxxxxx. The immediate supervisor will deliver hi decision in accordance with the writing within five days following procedure. Within ten (10) employee working days of having received day on which the written response from grievance was presented him. Failing settlement, then: 2Step Within five days following the Superintendentdecision under Step 1 the employee, accompanied by a Union xxxxxxx, or the Association may Union xxxxxxx shall submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairmanhis Department Head, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its who will deliver his decision in writing. If after thorough discussion, writing within five days following the day on which the grievance has not been satisfactorily resolvedwas presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.then:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the Bargaining Unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right, to the presence of his Xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospitaldeems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate Supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union Xxxxxxx if he so desires. Such complaint shall be discussed with his immediate Supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate Supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step ? The employee shall submit the grievance, in writing, and signed by him, to his immediate Supervisor. All formal grievances The employee may be accompanied by a Union Xxxxxxx. The immediate Supervisor will deliver his decision, in writing, within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately step, grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence to the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberChief Executive Officer. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Boardgeneral representativeof the Union, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violationworking days. Notwithstanding this provision, misinterpretation or misapplication with respect to one Association or more support staff University grievances, either Party may waive the Step meeting by provision of any provisions written notice to the other Party in lieu of this agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both partiesNotice of Intention to Grieve. Within fifteen (15) employee ten working days of the receipt of Notice of Intention to Grieve, the University shall, after consultation with the other parties to the grievance schedule and convene a Step meeting. At the Step meeting shall be the relevant University administrative officer with the jurisdictional authority to resolve the grievance, the person whose actions or decisions are the subject matter of the grievance, and the The Association shall send up to two (2) representatives unless it waives its occurrence right of participation by written notice to the University delivered prior to the Step meeting. The University may send one (1) other representative if it chooses. The representative of either the University or the Association who attends a Step meeting with the authority to resolve the grievance shall not be a person who has made or participated in the making of any decision which has led to the grievance. By the agreement of the Parties, the Step meeting may comprise only the relevant University administrative officer with the jurisdictional authority to resolve the grievance and the Association’s designated grievance officer. No more than five (5) working days prior to the Step meeting, all information relative thereto must be discussed parties to the grievance shall, upon request, disclose all relevant documents. Disclosure is subject to a claim of confidentiality made by the participant who possesses the document or has it within power, custody and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff membercontrol. A grievance shall be deemed waived claim of confidentiality can relate only to potential prejudice to another person. The purpose of the Step meeting is to resolve informally the issue raised by the grievance. The meeting, if it is not presented in accordance by mutual agreement continued on a later date, shall end with a memorandum which either sets out the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principalsterms of resolution, or Supervisor because of due participation in records the procedures set forth. By mutual agreement a grievance may start at the level end of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrencemeeting without resolution. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made concludes that a Step meeting in writing within ten (10) employee working days of said discussion. If the matter progress is not resolved within ten (10) employee working days contributing to the resolution of said discussionthe matter, that party may end the meeting, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman outcome of the Board through the SuperintendentStep meeting shall be recorded as “without resolution”, as provided for above. The Chairman, within ten (10) days of receipt of memorandum shall be signed by the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association University and the employee involved. Within fifteen (15) employee working days a representative of the said meetingAssociation, the Board shall render its decision in writingif it participated. If after thorough discussionthe Association did not participate, a copy of the grievance has memorandum must be delivered to the Association by the University within two (2) working days. Step If Step does not been satisfactorily resolvedresolve the issue, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.University has twenty

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE AND ARBITRATION. A For the purposes of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or the Hospital shall notify the employee of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: 1 The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. All formal grievances The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement, then: 2 Within five days following the decision under Step 1 the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: 3 Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days the Chief Executive Office of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig- nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. At the time formal discipline is imposed or at any stage of the grievance procedure an alleged violationemployee shall have the right, misinterpretation upon request, to the presence of xxxxxxx. In the case of suspension or misapplication with respect to one or more support staff of any provisions discharge, the Hospital shall notify the of this agreementright in advance. Grievances Where the Hospital deems it necessary to suspend or dis- charge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence. All formal grievances The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement then: Step Within five days following the decision under Step the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five (5) days following the day on which the grievance was presented to him. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement then: Step Within five days following the decision in the immedi- ately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig- nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the of this Agreement, a grievance or com- plaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The shall identify the nature of the grievance, the remedy sought, and should, where possible specify the pro- visions of the Agreement which are alleged to have been vio- lated. Any dispute which arise concerning an alleged violationemployee's entitlement to long-term disability benefits, misinterpretation or misapplication with respect to one or more support staff and which is not covered by the appeal mechanism provided for under the policy of any insurance, may be the subject of grievance and arbitration under the provisions of this agreement. Grievances 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 his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his/her right in advance. Where the Hospital deems it necessary to suspend or dis- charge an employee, the notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that com- plaints shall be resolved exclusively in accordance with adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the procedures set forthopportunity of adjusting his complaint. All formal grievances The may have the assistance of a union xxxxxxx if he so desires. Such. complaint shall be submitted discussed with his immediate visor within five days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within five days following his immediate supervisor's decision in writing on the following manner and sequence. step The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be by a form developed by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her Union xxxxxxx, The immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made will his decision in writing within ten (10) employee working days of said discussion. If following the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit day on which the written grievance with all attached responses to the Chairman of the Board through the Superintendentwas presented him. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.Failing settlement then:

Appears in 1 contract

Samples: Agreement

GRIEVANCE AND ARBITRATION. A It is agreed by the parties hereto that the grievances of should be adjusted as as possible. If an employee has a grievance is defined as an he his designated representative shall discuss with his supervisor within thirty (30)days after the alleged violation, misinterpretation or misapplication with respect to one or more support staff grievance has arisen so that supervisor may have opportunity of any provisions of this agreement. Grievances shall be resolved exclusively in accordance with the procedures set forth. All formal grievances shall be submitted in writing grievance on a form developed by both partiesdepartment level. Within fifteen (15) employee working days of its occurrence The written response to the grievance and all information relative thereto must will be discussed given within ten (10) days after such taken place. For the purpose this Article the supervisor shall mean the manager of a department or other person designated by and between support staff aggrieved and his or her immediate supervisor having STEP ONE Failing settlement, the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance be taken up onthe foliowing sequence is in writing and within fifteen (15) employee working days of occurrencethe supervisor’s reply thereto. If The grievance may be presented in to the matter is manager authorized by to deal with such grievance, and setting forth, the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The authorized representative of shall arrange a meeting with the Guild and a committee of not settled at the Supervisor level more than (2) employees of within ten (10) employee working days, days of the receipt of the grievance shall be referred to at which the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed may attend if requested by either party in the company of the Guild and provided they can be spared operationally by for the purpose of assistance at the time may not be given subsequent consideration. The Superintendent's response to meeting as he considers necessary and will give the grievance shall be made decision in writing within ten (10) employee working days of said discussion. If following the matter is not resolved within ten (10) employee working days of said discussionmeeting, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted with a copy to the Board in accordance with Guild representative. STEP TWO the following procedure. Within ten (10) employee working days of having received the written response event that any difference arising from the Superintendentinterpretation, the Association may submit the written grievance with all attached responses to the Chairman application or alleged contravention of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance this Agreement has not been satisfactorily resolvedsettled under the foregoing Grievance Procedure, the Association may request arbitration matter shall then, by notice in writing given to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingdate of the decision from the Manager for Canada or his designate, be referredto arbitration as hereinafter provided. Ail such matters referred to arbitration, including any question as to whether the matter is arbitrable, shall be heard by an arbitrator appointed by the Guild and If the Guild and fall to agree upon an arbitrator within thirty (30) days of the date of receipt of the notice of Intention to arbitrate, the appointment shall be made by the Minister of Labour upon the request of either party. The arbitrator shall hear and determine the dispute and shall issue a decision of and the arbitrator decision shall be final and binding upon both patties. The arbitrator shall not be to alter, modify or any part of the terms of this Agreement nor to make any decision inconsistent therewith. and the Guild shall each pay one-half the and expenses of the arbitrator. Neither party shall be obligated to pay any part of the cost of any stenographic transcript of an arbitration hearing without its express consent. it is agreed that the set out with respect to grievances and in this shall as a guideline for the duration parties. Failure to with these guidelines shall not constitute a The arbitrator shall. however, fashion any monetary or other relief due considerationto any prejudice resulting from unreasonable delay by either party. The time imposed upon either party at any step the grievance procedure may be extended by agreement. A request for extension of the time macle prior to the of such time limit shall not be unreasonably denied. the Guild he Where no reply is given to a grievance within the time limits specified, the as the case may be. shall be to submit the grievance to the next step in t procedure. Where the arbitrator determines that a penalty or discharge Is excessive, the arbitrator may substitute such other penalty for the or discharge as the and reasonable in all circumstances. Grievance shall have the right to file a grievance with respect to the application, or alleged contraventionof the Agreement. Such grievance shall be in writing signed by the Manager for Canada or designate, to the Guild within ten (10) days following the occurrence or origination of the circumstances rise to the grievance. settlement at a meeting held with the Guild Grievance Committee within thirty (30)days of the of the grievance, the Guild shall give Its written reply to the grievance ten (10) days the meeting. Failing settlement. such grievance may be referredto arbitration within ten (10) days of the date received the Guild's reply. Guild Grievance Guild shall have the to file a grievance on directly with arising out of the Agreement provided that it does not vary, modify, concerning the administration or add alleged contravention of the Agreement. Such grievance shall be Inwriting to the express terms Manager for Canada or his designate within ten (10) days following the occurrence of the circumstances giving rise to the grievance. Falling settlement at a meeting held with the Guild GrievanceCommittee within (30)days of the presentation ofthe grievance, shall give the Guild its written reply to the grievance in ten (10) clays the meeting. Failing settlement, such grievance may be referred to arbitration within ten (10) days of the date the Guild received reply. Group Grievance If two (2) or more employees have the same individual grievance out of the same circumstances and provisions based on the same incident, such grievances may be combined and treated as a group grievance. The shall have the right to file a group on behalf ofthe affected individual employees and the regular grievance procedure shall be followed. For the purpose of this Agreement, "day" means a calendar day and means a arising from the interpretation, application. administration or alleged of this Agreement. Discharged Employee The services Guild and expense the employee affected shall be notified in writing of the arbitrator leading to the discharge of such employee. Any discharged employee who that his discharge Was without just cause shall file a grievance following the procedure outlined in this Article provided that such grievance is filed within fifteen (15) days of discharge and not otherwise. I Employee Committee The Guild shall designate a committee of not more than two (2) employees who may meet with an authorized representative of at a mutually agreeable time, forthe purpose ofdiscussing matters relations between employees and DISMISSAL AND SEVERANCE PAY Upon termination of employment, except voluntary resignation, permanent disability or death, retirement or dismissal for gross insubordination, gross neglect of duty, wilful misconduct or change, an employee, whose probationary period has been completed, shall receive severance pay a lump sum equal to one (1) week's pay for each months of continuous or major with with a minimum of four (4) weeks up to a of (52) weeks. Such severance pay shall be shared equally paid on a lump sum basis and in the event the recalled to work before expiry of the number of weeks paid for, the unearned severance pay shall be refunded to Reasonable terms be arranged if required by the Association and employee. An individual who rehired after having received some or of the Board.severance pay he was to, shall, ifhe becomes entitled to severance pay again, have deducted from his continuous service six months for each week ofseverance pay previously paid to him less any amounts refunded. This adjustment in continuous service shall be made only for the purpose of calculating his entitlement to severance For the purposes of this Agreement "continuous shall mean the length of unbroken with since the last date of hire, less the

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital Step or between the patties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisorwithin five (5)days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his manager or designate. All formal grievances The employee may be accompanied by a Union xxxxxxx. The manager or designate will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence to the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberDirector, Human Resources. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director, Human Resources or designate and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representativeswho may be accompanied by the Boardgeneral representativeof the Union, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final delivered in writing within ten days following the date of such meeting. PoI Grievance A complaint or grievance arising directly between the Hospital and binding for the duration Union concerning the interpretation, application or alleged violation of the Agreement provided that it does not vary, modify, or add shall be originated at Step within ten (1O) days following the circumstances giving rise to the express terms and grievance. It is expressly understood, however, that the provisions of this AgreementArticle may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by- passed. The services and expense of Where the arbitrator grievance is a Hospital grievance it shall be shared equally by filed with the Association and the BoardGrievance Committee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right, to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate super- visor within five days after the circumstances giving rise to it or ought reasonably to have come to the attention of the employee. Failing settlement within the five days, it shall then be taken up as a grievance within days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence. All formal grievances The employee shall submit the grievance, in writing, and signed by him, to his immediate supervisor. The employee may be accompanied by a Union xxxxxxx. The immediate supervisor will deliver his decision in writing within five days following the day on which the written grievance was presented to him. Failing settlement then: Within five days following the decision under Step 1 the employee, accompanied by a union xxxxxxx, or the union xxxxxxx shall submit the written grievance to his Department Head, who will deliver his decision in writing within five days following the day on which the grievance was presented to him. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Within five days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days to the Chief Executive Officer of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his Hospital or her immediate supervisor having the authority over the said support staff memberdesignated Hospital representative. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Chief Executive Officer or the designated Hospital representative and schedules set forth herein. No support staff member shall suffer any reprisals the desig- nated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final delivered in writing within ten days following the date of such meeting. Grievance A complaint or grievance arising directly between the Hospital and binding for the duration Union concerning the interpretation, application or alleged violation of the Agreement provided that it does not vary, modify, or add shall be originated at Step 3 within ten days following the circumstances giving rise to the express terms and grievance. It is expressly understood, however, that the provisions of this AgreementArticle may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by-passed. The services and expense of Where the arbitrator grievance is a Hospital grievance it shall be shared equally by filed with the Association and the BoardGrievance Committee.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Any grievance is defined as an alleged violationor dispute, misinterpretation which may arise betw een the parties concerning the application, meaning or misapplication with respect to one or more support staff of any provisions interpretation of this agreement. Grievances A greement shall be resolved exclusively in accordance settled pursuant to the terms of this Article. The School Committee and the Association desire that such procedure shall always be as confidential as may be appropriate for the grievance involved at the procedural level involved. Level One The employee with the procedures set forth. All formal grievances shall be submitted in writing on a form developed by both parties. Within fifteen grievance will first discuss it within twenty (1520) employee working days of its occurrence the date of the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or with his/ her principal/ immediate supervisor having the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth hereinobject of resolving the matter informally. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because The Association Representative may be present. The principal/ immediate supervisor must render a decision in writing within five (5) working days of due participation in the procedures set forthsaid presentation. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that Level Two If the grievance is not satisfactorily resolved at Level One, the employee may, with the Association Representative’s concurrence, present the matter in writing to the Human Resources Director within five (5) working days following such Level One presentation. The Human Resources Director shall, within eight (8) working days after written receipt of the written grievance, notify and meet with the aggrieved employee and the Association Representative in an effort to resolve the matter. The Human Resources Director shall render his/ her decision to the grievance in writing within fifteen five (155) employee working days of occurrencethe presentation. Group grievance will be processed at this level. Level Three If the matter grievance is not settled satisfactorily resolved at the Supervisor level within ten (10) employee working daysLevel Two, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall be required to submit Representative may present the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Schools within five (5) employee working days of receiving receipt of the written response of the Human Resources Director. The Superintendent of Schools shall, within five (5) working days after receipt of the written grievance. Charges not submitted , notify and discussed by either party at meet with the time may not be given subsequent considerationaggrieved employee and the Association Representative in an effort to resolve the matter. The Superintendent's response Superintendent shall render their decision to the grievance shall be made in writing within ten five (105) employee working days of said discussionafter the meeting. Disciplinary procedures, if necessary, will be processed at this level. Level Four If the matter grievance is still not satisfactorily resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendentat Level Three, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The ChairmanRepresentative may, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said receipt of the written response of the Superintendent, send written notification of the grievance and copies of all prior grievance-related correspondence by certified mail to the Chairman of the School Committee. The School Committee at its next regularly scheduled meeting, or a meeting specifically convened for this matter, shall meet with the Board shall aggrieved employee and Association Representative to discuss the grievance. The School Committee will take the grievance under advisement and render a decision no later than ten (l0) days following its decision in writingnext regularly scheduled meeting. Discharge procedures, if necessary, will be processed at this level. Level Five If after thorough discussion, the grievance has not been satisfactorily resolvedresolved at Level Four, the Association may request arbitration by writing to the Chairman of the Board no later than either party may, within fifteen (15) employee working calendar days after of the rendering of the said decision School Committee’s decision, notify the other party of its intent to arbitrate. Selection of an arbitrator shall be by mutual consent of the Board or parties. In the expiration event that the parties are unable to agree on an arbitrator, a list of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot five qualified arbitrators will be reached, requested from the American Arbitration Association shall within ten (10) days appoint an arbitratorAssociation. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of From this Agreement. The services and expense of the arbitrator shall be shared equally by list the Association and the BoardSchool Committee will in turn strike the name of an arbitrator until there is only one remaining name. The last remaining arbitrator will be used. The cost of the arbitration proceedings will be equally shared by the parties to this A greement. The findings of the arbitrator will be bindi ng upon both parties.

Appears in 1 contract

Samples: Contractual Agreement

GRIEVANCE AND ARBITRATION. A has a matter to to Either the Company, the Union or any employee a grievance is defined as an with out this-Agreement or or alleged violationviolation of this Agreement. Any employee believing that has been unjustly dealt with, misinterpretation or misapplication with respect to one or more support staff of any that the provisions of this agreementAgreement have not been complied shall have the right to place such grievances in the hands of the Union for review and adjustment by the Company, if necessary. Grievances Such griev- ances shall be resolved exclusively in accordance with presented indicating the procedures set forth. All formal grievances provision of the Agreement which has been allegedly violated, and shall be submitted in writing on a form developed by both parties. Within processed as follows: Step One: The grievance must be filed within fifteen (15) employee working days of its occurrence after the event giving rise to the grievance occurs and all information relative thereto must within this period of time it shall be discussed by between the employee concerned, his Union and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberstore manager. A grievance shall be deemed waived if it is not presented in accordance with the procedures and schedules set forth herein. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and The store give an oral within fifteen (15) employee five working days of occurrencefrom the date discussion took place. If the matter is not settled at Union wishes to appeal to the Supervisor level within ten (10) employee working daysnext Step, the grievance shall be referred reduced to the Superintendent writing. Notice of Schools. The support staff member and/or the authorized representative of the Association appeal shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter filed with the support staff member and/or authorized representative store manager within five (5) employee working days of receiving from the written grievancestore oral decision. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance Step Two: A shall be made in writing held within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee five working days of the said meetingof the notice of appeal and within this period of time the shall be dis- cussed between the employee the Union rep- resentative, store manager, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board district manager and/ or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingtheir delegates. The decision of the arbitrator Company at this Step shall be final in writing and binding for the duration be within five working days of the Agreement provided that it does not varydate of Should the Union to appeal, modify, or add such notice of appeal must be in writing to the express terms Head Office of the Company within five working days of the decision of the Company at Step Two. Step Three: The grievance shall be forwarded to the Head Office of the Company, which shall have five working days to dispose of the grievance. The disposition shall be in writing and provisions returned to the officers of the Union. considered necessary by the parties, a meeting may by the parties may include the interested persons. a is held, the shall be given to the party within five working clays from the date of the meeting. of In the a dismissal. a grievance may filed by an who feels he was unjustly dealt with. Such a grievance must be filed within five working days from the date of dismissal and shall com- mence at Step Two. In any subsequent disposal of this Agreementcase during grievance procedure the Company may reinstate the with full back pay, suspend the employee for a or sustain the discharge. Grievances concerning rates shall be handled in accordance with the above and disposi- tion of such grievances, if sustained, shall include determination of the effective date of the with retroactive thereto. The services and expense of Company or the arbitrator Union may file grievances commencing at Three. If an Arbitration Board finds that the or the Union has violated the Col- lective Agreement, it shall be shared equally have the power to award compensation to the Company or an employee affected by the Association and the Boardviolation.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A Full-Time and Part-Time Insert the following standard language. Where the collective agreement provides otherwise and the parties cannot agree to the standard language, the existing provision will be maintained as non-standard language. Any non-standard provisions related to Grievance and Arbitration shall be continued under Article except as amended below. For the purpose of this Agreement, a grievance or complaint is defined as an a difference arising either between a member of the bargaining unit and the STANDARD Final Guide Document, November, Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a Union Xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: Step The employee shall submit the grievance, in writing, and signed by him, to (designated by Hospital). All formal grievances The employee may be accompanied by a Union Xxxxxxx. The (designated by Hospital) will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed to the (designated by both parties. Within fifteen (15) employee working days of its occurrence the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberHospital). A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures (designated by Hospital) and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its renderingparties. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Board.STANDARD

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE AND ARBITRATION. A Where there is a grievance is defined as by an alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions of this agreement. Grievances employee the same shall be resolved exclusively made in accordance writing to the Shop Xxxxxxx within three (3) working days of the occurrence. The Shop Xxxxxxx shall take the grievance up with the procedures set forthimmediate superior of the aggrieved employee. All formal grievances An answer shall be given not later than one (1) working day following presentation of the grievance by the Shop Xxxxxxx. If the decision has not been given within the prescribed time or if the decision is not acceptable, then the grievance shall be submitted in writing to the Employer's representative on a form developed by both partiesthe job within one further working day. Within fifteen The Employer's representative on the job shall render his decision not later than two (152) employee working days of its occurrence being presented with the grievance. The Local Union shall be entitled to submit a grievance in writing directly to the Employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance and all information relative thereto must to him. The Employer or its representative shall be discussed by and between support staff aggrieved and his or her immediate supervisor having entitled to submit a grievance in writing directly to the authority over Union. The Union shall render their decision not later than two (2) working days following the said support staff memberpresentation of the grievance to them. A Failing settlement any grievance shall be deemed waived if it is not presented subject to arbitration in accordance with the procedures and schedules set forth hereinfollowing clauses. No support staff member shall suffer any reprisals by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the The grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized representative of the Association shall Joint Conference Board which will be required to submit hear the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative and give an answer within five four (54) employee working days of receiving the written grievance. Charges not submitted and discussed by either Should the grieving party at the time may not be given subsequent considerationsatisfied with the results, the procedure will be as follows. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, Union and the support staff member and/or Employer agree upon an arbitrator who is willing to arbitrate the Association wishes grievance, Failure of the Union and the Employer to pursue it furtheragree upon an Arbitrator within three (3) working days, the matter will be referred to the Department of Training and Employment Development for the appointment of the Arbitrator. The Arbitrator shall hold a hearing within four (4) days after the grievance is submitted to him and shall render his decision to the parties within (72) hours after the completion of the hearing, provided that a failure to make an award within the time prescribed or as extended by the parties, shall not invalidate the proceedings or terminate the authority of the arbitrator. It is understood and agreed in the application of this article that there is no power in the participants to a settlement, to add to, subtract from, or modify the terms of this agreement. The sole function of an Arbitrator shall be to interpret the meaning of the articles of this agreement and to render a decision which shall be binding on the parties. The Arbitrator shall have no power to add to, subtract from or modify the terms of this agreement. The cost of the Arbitrator shall be equally by both parties (Employer Union). The times fixed by this article are mandatory but may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision extended by mutual agreement in writing. If after thorough discussiona grievance or arbitration is not processed within the time allowed, the grievance has not been satisfactorily resolved, the Association may request or arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add deemed to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardhave been abandoned.

Appears in 1 contract

Samples: Combined Commercial Agreement

GRIEVANCE AND ARBITRATION. A grievance is defined as an alleged violation, misinterpretation or misapplication with respect to one or more support staff of any provisions For the purpose of this agreementAgreement, grievance shall any difference or dispute between the Employer and any employee by Collective or between the Employer and the Union interpretation, application, administration, or alleged violation of this Collective Agreement any question as to whether a matter Any dispute one employee an individual grievance. Grievances Any dispute affecting a of employees which is up on their behalf by the Union constitutes a Union grievance. Any arising between the Employer and the Union on matters which involve the interpretation, application or administration of the Collective Agreement in whole or in part shall be resolved exclusively in accordance with termed a policy grievance. The Union shall a Grievance not tu exceed five members. One member shall be designated as Chairperson. The Union shall at all times keep the procedures set forthEmployer informed as to the individual membership of the Union Grievance Committee shall not initiate.any action on an employee's without the consent of the employee, and all grievances by members of the bargaining unit shall be delivered to the.Union Grievance Committee. All formal Members of the Grievance Committee, Zone Representatives or designated alternates, by the Union to attend to the adjustment of grievances shall be submitted permitted such reasonable off without loss of normal pay or time prescribed for the.performance of any act in the grievance or arbitration procedures may be extended by mutual consent of the Employer and the Union. Requests for extension must be made in writing on to the President of the Union if requested by the Employer, or the Director of if requested by the Union. In the event of a form developed by both parties. Within fifteen (15) employee working days for of its occurrence time at any step of the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having procedure, the authority over the said support staff member. A grievance shall be deemed waived if it is not presented in accordance with remain static from the procedures and schedules set forth hereintime of receipt of such request until has been to. No support staff member shall suffer In the event the Employer fails to reply to a within the prescribed time limits at any reprisals by step, Union may submit the Board, Superintendent, Principals, or Supervisor because grievance to the next higher step of due participation in grievance the procedures set forth. By mutual agreement event that a grievance may start at is presented to the level next higher step of the Superintendent of Schools providing that grievance within the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working daysprescribed time limits, the grievance shall be referred deemed to have been abandoned, unless the time limits have been extended by mutual agreement. grievance may are of the Union. members of the Grievance Committee or zone representatives involved the for by designated provided such alternates By arrangement with an employee shall be permitted the required time off without loss of normal pay, or seniority attend to the Superintendent adjustmentof grievance. Employer agrees not to introduce any document involving disciplinary action such as written censures, of Schoolsreprimand. The support staff member and/or adverse reports of performance into the authorized representative grievance or arbitration procedure of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party was unaware at the time may not of the filing of the grievance. An employee shall and be given subsequent considerationa of any such which is used as a basis for discipline and which is placed on an employee's Ale. The Superintendent's response At any stage of the grievance or arbitration procedure, the parties may have the assistance of the concerned as witnesses and any other witnesses. and all reasonable arrangements will be made permit the or to have access to any part of Employer’s premises to view any working which may be relevant to the of the grievance. When a grievance has been settled. written documentation shall be made of any agreement reached and shall be signed by representatives of bothparties. Copies shall be to the the Union Grievance and to the Personnel Department. Any award made by the Employer as a result of a settlement of a grievance shall normally take effect as of the date the incident giving rise to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, the grievance has not been satisfactorily resolved, the Association may request arbitration by writing to the Chairman of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearing. The decision of the arbitrator shall be final and binding for the duration of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardoccurred.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as an a step Step difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violationviolation of the Agreement. The grievance shall identify the nature of the grievance, misinterpretation or misapplication with respect to one or more support staff of any the remedy sought, and should, where possible specify the provisions of this agreementthe Agreement which are alleged to have been violated. Grievances At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of his right in advance. Where the Hospitaldeems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. It is the mutual desire of the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediate supervisor within five (5) days after the circumstancesgiving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance five (5) days following his immediate supervisor’s decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his manager or designate. All formal grievances The employee may be accompanied by a Union xxxxxxx. The manager or designate will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence to the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberDirector, Human Resources. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director, Human Resources or designate and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final delivered in writing within ten days following the date of such meeting. Policy Grievance A complaint or grievance arising directly between the Hospital and binding for the duration Union concerning the interpretation,application or alleged violation of this Agreement shall be originated at Step within ten days following the Agreement provided that it does not vary, modify, or add circumstances giving rise to the express terms and grievance. It is expressly understood, however, that the provisions of this AgreementArticle may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and the regular grievance procedure shall not be thereby by- passed. Where the grievance is a Hospital grievance it shall be filed with the Grievance Committee. Group Grievance Where a number ofemployees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing identifying each employee who is grieving to the Director, Human Resourceswithin days after the circumstances giving rise to the grievance have occurred. The services and expense of the arbitrator grievance shall then be shared equally by the Association treated as being initiated at Step and the Boardapplicable provisions of this Article shall then apply with respect to the handling of such grievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE AND ARBITRATION. A For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Hospital or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement. The grievance shall identify the nature of the grievance, the remedy sought, and Step I Step should, where possible specify the provisionsof the Agreement which are alleged to have been violated. At the time formal discipline is imposed or at any stage of the grievance procedure, an alleged violationemployee shall have the right to the presence of xxxxxxx. In the case of suspension or discharge, misinterpretation the Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or misapplication with respect to one discharge an employee, the Hospital shall notify the Union of such suspension or more support staff discharge in writing, within three (3) days. It is the mutual desire of any provisions of this agreement. Grievances the parties hereto that complaints shall be resolved exclusively adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. The may have the assistance of a union xxxxxxx if he so desires. Such complaint shall be discussed with his immediatesupervisorwithinfive (5) days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his immediate supervisor's decision in accordance with the procedures set forthfollowing manner and sequence: The employee shall submit the grievance, in writing, and signed by him, to his manager or designate. All formal grievances The employee may be accompanied by a Union xxxxxxx. The manager or designate will deliver his decision in writing within five (5) days following the day on which the written grievance was presented to him. The Union and the Hospital may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing on a form developed by both parties. Within fifteen (15) employee working days of its occurrence to the grievance and all information relative thereto must be discussed by and between support staff aggrieved and his or her immediate supervisor having the authority over the said support staff memberDirector, Human Resources. A grievance shall meeting will then be deemed waived if it is not presented in accordance with held between the procedures Director, Human Resources or designate and schedules set forth herein. No support staff member shall suffer any reprisals the designated union representatives who may be accompanied by the Board, Superintendent, Principals, or Supervisor because of due participation in the procedures set forth. By mutual agreement a grievance may start at the level of the Superintendent of Schools providing that the grievance is in writing and within fifteen (15) employee working days of occurrence. If the matter is not settled at the Supervisor level within ten (10) employee working days, the grievance shall be referred to the Superintendent of Schools. The support staff member and/or the authorized general representative of the Association shall be required to submit the grievance in writing to the Superintendent of Schools. The Superintendent must discuss the matter with the support staff member and/or authorized representative Union, within five (5) employee working days of receiving the written grievance. Charges not submitted and discussed by either party at the time may not be given subsequent consideration. The Superintendent's response to the grievance shall be made in writing within ten (10) employee working days of said discussion. If the matter is not resolved within ten (10) employee working days of said discussion, and the support staff member and/or the Association wishes to pursue it further, the matter may be submitted to the Board in accordance with the following procedure. Within ten (10) employee working days of having received the written response from the Superintendent, the Association may submit the written grievance with all attached responses to the Chairman of the Board through the Superintendent. The Chairman, within ten (10) days of receipt of the grievance, shall designate a reasonable time and place for discussion of the matter with a representative of the Association and the employee involved. Within fifteen (15) employee working days of the said meeting, the Board shall render its decision in writing. If after thorough discussion, submission of the grievance has not been satisfactorily resolved, the Association may request arbitration at Step unless extended by writing to the Chairman mutual agreement of the Board no later than fifteen (15) employee working days after the rendering of the said decision of the Board or the expiration of the time limit for its rendering. The Association and the Xxxxxx Xxxxxxxx Shelburne School Board shall mutually agree to an arbitrator within ten (10) employee working days. If agreement cannot be reached, the American Arbitration Association shall within ten (10) days appoint an arbitrator. The arbitrator shall hold a hearing and render a decision within thirty (30) days of the hearingparties. The decision of the arbitrator Hospital shall be final and binding for delivered in writing within ten days following the duration date of the Agreement provided that it does not vary, modify, or add to the express terms and provisions of this Agreement. The services and expense of the arbitrator shall be shared equally by the Association and the Boardsuch meeting.

Appears in 1 contract

Samples: Time Collective Agreement

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