Common use of Grievance Arbitration Procedure Clause in Contracts

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be 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. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital parties relating to the interpretation, application, administration or alleged violation of the Agreementagreement. It is the mutual desire of the parties hereto that complaints of the Employer and of employees shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven nine (79) calendar working days from after the event circumstances giving rise to the grievance, or from when the it has occurred. The employee should have reasonably become aware of the event giving rise to the grievancemay be represented by a union representative. Failing settlement within seven nine (79) calendar working days, it shall may then be taken up as a grievance within the seven nine (79) calendar working days following his being advised of his immediate supervisor's ’s decision in the following manner and sequence: sequence Step The employee must or a union representative may submit the a written grievance through the Local Union, signed by the and the Local Union President, or designate, employee to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxximmediate supervisor. The grievance shall identify the nature of the grievance, grievance and the remedy sought, sought and should specify identify the specific provisions of the Agreement which are alleged to have been be violated. The parties immediate supervisor will deliver his decision in writing within nine (9) days following the day on which the grievance was presented to him. Failing settlement, then: Step Within nine (9) working days following the decision in Step the grievance may be submitted in writing to the Department Manager or his designate. A meeting will then be held between the Employer representative and the Union representative within nine (9) days of the submission of the grievance at Step unless extended by mutual agreement of the parties. It is understood the Employer representative may have a period such counsel and assistance as he may desire at such meeting. The decision of up to thirty the Employer shall be delivered in writing within nine (309) calendar working days from following the date of such meeting. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing, signed by each employee who is grieving unless the parties mutually agree that the Shop Xxxxxxx can sign the grievance is filed on behalf of the employees, to attempt the Department Manager or his designate within nine (9) working days after the circumstances giving rise to resolve the grievance have occurred. The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the handling of such grievance. The group of grieving employees shall be represented at the grievance meeting by one (1) member of the group. A grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step within nine (9) days following the circumstance giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and in any casethe regular grievance procedure shall not be thereby bypassed. The release of a probationary employee shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharge shall be treated as a grievance if a written statement of such grievance signed by the employee is lodged by the employee or a union representative with the Employer at Step within nine (9) working days after the date of discharged is effected, to provide Such special grievance may be settled under the Union with a formal written response setting out the Hospital's position on the matter.Grievance and Arbitration Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at a t any stage of the grievance procedure, including the complaint stage, or at any a t any, time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit t and the Hospital relating tal t to the interpretation, application, administration or alleged violation of the Agreement. It t I t is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat i s understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, fail settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up immediate supervisor w i l l deliver his decision in writing within seven calendar days following the day on which the was presented to thirty him. settlement, then: Step No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who w i l l deliver his decision in writing within (7) calendar days from the date on the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing sett then : Step No. Within seven calendar days following decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting w i l l then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance a t Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire a t such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Collect Agreement

Grievance Arbitration Procedure. (The following clauses will appear It is the desire of the parties to this Agreement that complaints of employees shall be dealt with as quickly as possible. It is understood and agreed that before initiating an individual grievance, the employee shall, in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a his Xxxxxxx or other Union Xxxxxxx at any stage Representative, if he so wishes, discuss the matter with his xxxxxxx and other supervisory personnel of the Employer, giving him an opportunity to deal with that complaint. Grievances properly arising under this Agreement shall be adjusted and settled as follows: Within ten (10) days after the circumstances giving rise to the grievance procedureoccurred or originated (except in the case of a discharge grievance, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employeewhich shall be presented within five (5) working days), the Hospitalshall notify grievance shall be presented to the Unioncompany, in writing, and the parties shall meet within five (5) working days in an endeavour to settle the grievance. Written notice of such suspension or dischargethe grievance must be submitted to the Local Association. For If a satisfactory settlement is not received within five (5) working days from the purpose meeting in Step above, then the grievance may be submitted to a Committee consisting of two (2) members of the Council and two (2) members of the Employer Bargaining Agency at any time within five (5) days thereafter, but not later. If a satisfactory settlement is not reached within five (5) working from either meeting above, then the grievance may be submitted arbitration as provided in this Agreement, any time within ten (10) days thereafter, but not later. Grievances dealing with alleged violations of payment for hours of work, rates of pay, overtime, vacation and holiday pay, shift premium, travelling expenses, room and board allowances, reporting allowances and dues may be brought forward ninety days from the date the circumstances giving rise to the grievance occurred or originated. It being understood and agreed that the above time limits do not apply to grievances concerning welfare and pension contributions, training fund, vacation pay and union dues, remittances and Employer's Fund which may be brought forward within ninety (90) days from the date the Union became aware of the alleged violation. No grievance may be submitted to arbitration which has not been properly processed through the mandatory stages of the grievance procedure as herein provided. Notwithstanding Article the party initiating the grievance may opt to proceed to arbitration under Section of the Act. When either party requests that a grievance is defined be submitted to arbitration, the party making the request shall do so in writing to the other party and at the same time, appoint an arbitrator. Within five (5) working days thereafter, the other party shall appoint an arbitrator. The two (2) arbitrators so appointed will meet at their earliest convenience and attempt to select by agreement, a third person who shall act as a difference arising between a member Chairman of the bargaining unit and Arbitration Board. If they are unable to agree on a Chairman within two (2) days, they will then request the Hospital relating to the interpretation, application, administration or alleged violation Minister of Labour of the Province of Ontario to appoint an impartial Chairman. The Arbitration Board shall hear the subject of the grievance, including whether or not the matter is arbitrable, and shall issue a decision which is binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman governs. Each of the parties shall pay one-half (112) of the remuneration and expenses of the Chairman of the Board. The Board shall not have the power to alter or amend any of the provisions of this Agreement. It is understood that the mutual desire Employer Bargaining Agency, on its own behalf, or on behalf of its member companies, file a grievance with the Union and that if such complaint is not settled to the satisfaction of the parties hereto that complaints shall be 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. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar daysconcerned, it shall then may be taken up treated as a grievance within the seven (7) calendar days following his immediate supervisor's decision and referred to arbitration in the following manner and sequence: The employee must submit same way as a grievance of any employee. Such grievances shall be processed in accordance with Article of the grievance through the Local Union, signed by the and the procedure set out above. The Local Union Presidentand/or Council may file a grievance when an alleged violation occurs which is of common concern to all or a group of employees in the bargaining unit or when a dispute arises in the application, interpretation or designate, administrationof this Agreement. Such grievance is subject to the Chief Executive Officer (CEO) same time as set out in Article and is to be processed in accordance with the provisions of the Hospital, or designate. Article The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, sought and should specify the provisions article or articles of the Agreement which are alleged to have been violated. The parties will have a period violated shall be set out in the written record of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance. In determining the time which is allowed in the various steps, Saturdays, Sundays and holidays shall be excluded and any time limited may be extended by mutual agreement in any case, writing. A party proceeding to provide arbitration before the Union with a formal Ontario Labour Relations Board under the provisions of Section will send written response setting out notice to the Hospital's position on Employer Bargaining Agency and the matterOntario Provincial District Council of its intent to proceed to final and binding arbitration.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing Where a difference arises between the parties here- to, or between any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedureparties hereto and any person upon whom this Agreement relative to €heinterpretation, including the complaint stage, application or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose administration of this Agreement, including any questions as to whether the matter is arbitral, or where an alle- gation is made that this Agreement has been violated, the mat- ter shall be adjusted under the following provisions. No adjustment of a complaint or settlement of a grievance shall be made that is defined as a difference arising between a member inconsistent with the terms and provisions of this Agreement. No Employer, Employee, or Union shall make any private arrangements that may conflict with the terms and provisions of Agreement. A time limit of sixty (60) calendar days from the actual knowledge of the bargaining unit and grievance by the Hospital relating Business shall apply to the interpretationfiling of a grievance with respect to claims, applicationcontributions for welfare, administration pension or alleged violation supplementary unemployment benefit plans, vacation and statutory holiday pay, deductions for union dues check- off or union supplement, contributions or deductions, whichever the case may be, for Union and Employer admin- istration funds, and for apprenticeship and or funds. All time limits mentioned in the Grievance Procedure may be extended by mutual agreement in writ- ing, In determining time limits, other that the time limits for the filing of grievances, Saturday, Sunday, and Statutory Holidays shall be excluded. Where no answer is given with- in the Agreementtime limits, the aggrieved party may proceed to the next step in the procedure. It is the mutual desire of the parties hereto understood and agreed that complaints shall be adjusted as quickly as possible, and it is understoodthat an employee has no grievance until he an opportunity has first given his immediate supervisor the opportunity of adjusting his been to adjust a complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may discuss the matter, with or without the Xxxxxxx or Business Representative, with his xxxxxxx or other supervisory personnel. Failing settlement of a complaint with two (2) days, a' grievance may proceed. in No grievance, except those grievances referred to shall be accompanied, if he so desires, entertained by his union xxxxxxxeither party unless filed by the aggrieved party within ninety (90) calendar days of the circumstances giving rise to its occurrence. The grievance All grievances shall identify set down the nature of the grievance, the article or articles of this agreement alleged to have been violated and the nature of the remedy sought, and should specify the provisions of the Agreement which are alleged shall not be subject to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matterchange except by mutual agree- ment In writing.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him, Failing settlement, then: No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in 2401 Any complaint or dispute arising between a Registered Nurse and the Hospital's expiring collective agreement:) Employees shall have Employer concerning the right, upon request, to the presence of a Union Xxxxxxx at any stage interpretation or application of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose provisions of this Agreement, or any questions relating to hours of work, or other conditions of employment, shall be resolved in accordance with this Article. A grievant Registered Nurse and an Association Representative will be afforded reasonable administrative time to review and handle the grievance. 2402 It is the intent of the Parties that differences should be resolved promptly, equitably, and whenever possible on an informal basis at the immediate supervisory level. The prompt settlement of complaints is desirable in the interest of sound labor-management relations. Informal verbal discussion of complaints between the Registered Nurse and the immediate supervisor is required prior to initiating a grievance. An Association Representative may attend such meetings when requested by the Registered Nurse. 2403 This Article, except as required by law, or where specifically excluded, is the exclusive procedure for the adjustment of grievances by Registered Nurses or by the Parties. Grievances may be presented and processed by; (a) a Registered Nurse individually, in which case the Association Representative shall have the right to be present during the proceedings; (b) a Registered Nurse represented by the Association; (c) the Association on behalf of one or more Registered Nurses; (d) the Association on its own behalf; or (e) the Employer on its own behalf. 2404 Grievances under Paragraph 2403 concerning appropriate matters relating to the employment of a Registered Nurse will be submitted to the Registered Nurse’s immediate supervisor. When a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating reduced to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be 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. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar dayswriting, it shall then be taken up as a grievance within will state specifically the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievancecondition being grieved, the remedy sought, and should specify must be signed and dated by the Registered Nurse and by the Association Representative, where designated. 2405 Grievances must be submitted within fifteen (15) workdays after the incident which gave rise to the grievance, unless the circumstances of the case made it impossible for either the Registered Nurse or the Association to know there were grounds for a grievance prior to that date. In such event, a grievance to be timely must be presented within fifteen (15) workdays after the grievant first knew of such grounds. These grievances will be considered only after the informal verbal discussions specified in Paragraph 2402. As used in this Article, workdays shall be defined as Monday through Friday except holidays. 2406 Grievances shall be processed in the following manner: 2407 Step I Within five (5) workdays of receipt of the original grievance, the Registered Nurse’s supervisor shall hold a meeting with the Registered Nurse and the designated Association Representative to discuss the matter. The supervisor’s written response will be provided to the Registered Nurse within five (5) workdays of the meeting. If the response does not resolve the issue, the aggrieved Registered Nurse or the Association may appeal the grievance to Step 2. 2408 Step 2 The Registered Nurse and/or the Association shall submit a written grievance, on a form provided by the Association, to the Chief Nursing Service within ten (10) workdays following receipt of the written decision in Step 1. A Step 2 meeting shall be conducted. The Registered Nurse will be provided with a written response to the grievance within ten (10) workdays after the final Step 2 meeting. If the response does not resolve the grievance the Registered Nurse and/or the Association may appeal the grievance to Step 3. 2409 The Parties agree to raise any questions of grievability or arbitrability of an issue prior to the time limit or the written answer in Step 2. All disputes of grievability or arbitrability shall be referred to arbitration as a threshold issue in the related grievance. 2410 Step 3 The Registered Nurse, and/or the Association may appeal the grievance in writing to the Hospital Director or designee within ten (10) workdays of the Step 2 response, after which a Step 3 meeting shall be conducted. The Hospital Director or designee shall give written answer to the grievance within ten (10) workdays following completion of the Step 3 meeting. 2411 Discipline Grievances 2412 Grievances concerning disciplinary action issued locally will be submitted directly to a management representative above the level initiating the disciplinary action. Disciplinary grievances must be submitted within fifteen (15) workdays following the Employer’s disciplinary action. The Registered Nurse’s grievance will be considered under the provisions of the Agreement Step involved. 2413 Institutional Grievances 2414 Grievances concerning interpretation or application of the Agreement, or any law, rule, or regulation affecting conditions of employment, but which are alleged to have been violateddoes not concern the employment of any single Registered Nurse, will be resolved through the following institutional procedure. 2415 Either Party may raise an issue concerning a matter as cited above. The parties designated representatives of the Parties will meet and attempt to resolve the dispute informally. 2416 In the event the dispute is not resolved, the Association President or designee, or the Hospital Director or designee, whichever is the moving Party, may file a written request for the other’s official position in the matter pending. Such request will clearly state that the issue is being grieved, and will contain a statement of dispute and the position of the moving Party. The responding Party will have twenty (20) workdays in which to provide an answer in writing. 2417 If there is no response in twenty (20) workdays, or if the written response does not resolve the dispute, the moving Party may proceed to Arbitration. 2418 Meetings held under this procedure are not an adversary process. They are fact finding discussions conducted by the Parties in an attempt to reach an agreement. Written documents may be incorporated with the grievance or incorporated in a period request for review. Open and xxxxx discussions of up the problems are encouraged. Only issues that are relevant to the grievance as initially filed may be raised. 2419 Time Limits 2420 The time limits at any step of the grievance procedure may be extended by the mutual agreement of the Parties. If a time limit is not observed by the Registered Nurse and/or the Association, the grievance shall be considered settled. Should the Employer fail to meet any time limits, the Registered Nurse and/or the Association may advance the grievance to the next step. The Parties may mutually agree in writing to waive any step in this procedure. 2421 Appeal to Arbitration 2422 If no mutually satisfactory settlement is reached in Step 3, the Association may appeal to arbitration within fifteen (15) workdays of the date of receipt of the Director’s or the designee’s written decision. All time limits of this Article may be extended by mutual consent of the Parties to this Agreement. 2423 Arbitration Procedure 2424 Only those grievances processed through the grievance procedure may be submitted to Arbitration. Appeals to Arbitration must be made within fifteen (15) workdays following receipt of the written Step 3 grievance decision, or the institutional procedure response. The moving Party shall notify the other in writing that arbitration is requested and of the general reasons for the appeal. Only the Association or the Employer may invoke arbitration. No Registered Nurse may singularly bring a grievance to arbitration without the Association’s sanction. 2425 Within five (5) workdays after receipt of an appeal to Arbitration, the Parties will hold a pre-arbitration meeting to again review the case in question, and to jointly select an arbitrator if the case cannot be resolved. If agreement on an arbitrator cannot be reached, the Parties will jointly request the Federal Mediation & Conciliation Service (FMCS) to submit a list of five (5) arbitrators. The Parties shall confer within five (5) workdays after receiving the list to choose an arbitrator. If the Parties cannot mutually agree to select one of the listed arbitrators, the Association or the Employer by lot will in turn strike one name from the list. The remaining named person shall be the arbitrator. 2426 Within ten (10) workdays following receipt of the request for Arbitration the Parties will meet to define the issues and to prepare a joint submission agreement. If the Parties cannot agree on a joint submission, each shall submit a separate written statement of the issue(s) to the arbitrator with a copy to the other Party. When there are separate submissions, then and only then may the arbitrator determine the issue(s) to be heard. Otherwise the arbitrator is bound by the joint submission agreement. 2427 The arbitrator shall have jurisdiction and authority to interpret the Agreement and to apply it to the particular case under consideration, but shall have no authority to change, modify, alter, delete, or add to the terms of the Agreement. 2428 The fees and expenses of the arbitrator, and the cost of a transcript, if mutually ordered, shall be shared equally by the Parties. Arbitration hearings will be held, whenever practicable, on the Employer’s premises or in a suitable place provided by the Employer, and will be held during the normal administrative workweek. The Association Representative, if an employee, the grievant, or any employee(s) called as a witness will be excused from duty without loss of pay, or a charge to leave, to the extent necessary to participate in the official proceedings. Overtime or compensatory time will not be paid to Registered Nurses or other employees for time involved in arbitration. 2429 The decision of the arbitrator will be final and binding on both the Association and the Employer. Either Party may file exceptions to the arbitrator’s award with the Federal Labor Relations Authority (FLRA) in accordance with that agency’s regulations. The arbitrator will be requested to render the decision or award within thirty (30) calendar days days. 2430 General 2431 The Association is the exclusive representative of all Registered Nurses covered by this Agreement, and is therefore the only Party which may represent a Registered Nurse or group of Registered Nurses in processing grievances under this Article. In the event that any Registered Nurse does not choose to have Association representation throughout the grievance procedure, the Association Representative will have the right to be present at each step of the grievance procedure. 2432 The following matters are excluded from the date grievance and arbitration procedures of this Agreement: 2433 Matters over which the grievance is filed Employer does not have discretionary authority emanating from higher level directives, laws and regulations. 2434 Matters related to attempt the exercise of the Employer Rights described in Article III of this Agreement. 2435 Any claimed violation of Subchapter III of Chapter 23 of the Civil Service Reform Act relating to resolve prohibited political activities. 2436 Retirement, life insurance, or health insurance issues. 2437 A suspension or removal under Section 7532 relating to National Security reasons. 2438 Any examination, certification, or appointment. 2439 The classification of any position which does not result in the grievancereduction in grade or pay of a Registered Nurse. 2440 All other matters for which a statutory appeals procedure exists such as complaints or prohibited discrimination, adverse actions, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matterremovals for unacceptable performance.

Appears in 1 contract

Samples: Management Agreement

Grievance Arbitration Procedure. (The following clauses will ciauses appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) : Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within seven (307)calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, xxx submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committeewithin seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matter.date of such meeting. Grievance

Appears in 1 contract

Samples: Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's ’s expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall hospital shall notify the Unionunion, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat that an employee has no grievance until he has first given his hi's immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up to thirty deliver his decision in writing within seven (307) calendar days from following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within seven (7) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days the date on which the written grievance was presented. This step may be omitted where the employee's immediate and Department Head are the same person. Failing settlement, then: Step No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted adjusted' as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate and Department Head are the same person. Failing settlement, then: No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committeewithin seven (7)calendar days of the submission of the at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital parties relating to the interpretation, application, administration or alleged violation of the Agreementagreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right advance. his It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven nine (79) calendar days from after the event giving rise to it have occurred or ought reasonably to have come to the grievance, or from when attention of the employee should have reasonably become aware of the event giving rise to the grievance. Failing and failing settlement within seven nine (79) calendar days, it shall then be taken up as a grievance within the seven nine (79) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designateStep No. The employee may be accompanied, if he so desires, a written grievance signed by the employee to his union xxxxxxximmediate supervisor. The grievance shall identify the nature of the grievance, grievance and the remedy sought, sought and should specify identify the provisions of the Agreement which are alleged to have been be violated. The parties supervisor will have a period of up deliver his decision in writing within (9) calendar days following the day on which the grievance was presented to thirty him. settlement, then: Step No. Failing Within nine (309) calendar days following the decision under Step Nu. the employee may the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a and place suitable to both parties. This step may be the employee's immediate supervisor and Department Head are the same person. Failing settlement then: Step No. Within nine (9) calendar days following the decision in Step No. the grievance may be in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties, It is filed to attempt to resolve understood and agreed that a representative of the grievance, Canadian Union of Employees and the may be present at the meeting. It is further understood that the Hospital or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in any case, to provide writing within nine calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the or grievance. It expressly understood, however, that the provisions of this Article may not be used with respect to a formal grievance directly affecting an employee which such employee could institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the Department Head or his designee within fourteen calendar days after the circumstances giving rise tu the grievance have occurred or ought reasonably to have cane to the attention of the The grievance shall then be treated as being initiated at Step and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationary period that he has been unjustly discharged or suspended shall be treated as a grievance if a written response setting out statement of such grievance is lodged by the Hospital's position on employee with the matter.hospital at Step No. within seven (7) calendar days after the date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall Hospital shall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's Hospitals position on the matter. During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee. Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution In determining a date for the meeting the parties will consider: the time needed for research, consultation and preparation for the and, the time needed, after the meeting, and before the of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place during the middle ten days of the thirty (30) day period. In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the patties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. If the parties are unable to resolve the grievance, the Hospital will provide the Union with a written response to the grievance by the end of the thirtieth (30th) day following the date of the filing of the grievance. The Union will then have a period of fourteen (14) calendar days from the date of the Hospitals response to determine if the response is acceptable, or will refer the matter to arbitration. If the grievance is filed by the Hospital, the Union will provide a response by the end of the thirtieth (30th) day following the date the grievance was filed. The Hospital will have fourteen (14) calendar days from the date of the Unions response to determine if it will accept the Unions response or will refer the matter to arbitration.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall hospital shall notify the Unionunion, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, ,' it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. settlement, then: No. Failing Within seven (7) calendar days following the decision in the immediately preceding step, the grievance is filed may be submitted in writing to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out Chief Executive of the Hospital's position on ' or his designate. A meeting will then be held between the matterChief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is further understood that either party may have such assistance as they may desire at such meeting. The decision of the Hospital shall be delivered in writing within fourteen (14) calendar days following the date of such meeting.

Appears in 1 contract

Samples: Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall Hospital shall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter. During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall hospital shall notify the Unionunion, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. I The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall Hospital shall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven nine (79) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven nine (79) calendar days, it shall then be taken up as a grievance within the seven nine (79) calendar days following his immediate supervisor's ’s decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The Union will provide a copy of the grievance to the employee’s immediate supervisor. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's ’s position on the matter. During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee. Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution In determining a date for the meeting the parties will consider: the time needed for research, consultation and preparation for the and, the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place during the middle ten days of the thirty (30) day period.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital parties relating to the interpretation, ,application, administration or alleged violation of the Agreementagreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or dischargethe Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven nine (79) calendar days from after the event giving circumstancesgiving rise to it have occurred or ought reasonably to have come to the grievance, or from when attention of the employee should have reasonably become aware of the event giving rise to the grievance. Failing and failing settlement within seven nine (79) calendar days, it shall then be taken up as a grievance within the seven nine (79) calendar days following advice of his immediate supervisor's ’s decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designateStep No. The employee may be accompanied, if he so desires, submit a written grievance signed by the employee to his union xxxxxxximmediate supervisor. The grievance shall identify the nature of the grievance, grievance and the remedy sought, sought and should specify identify the provisions of the Agreement which are alleged to have been be violated. The parties immediate supervisor will have a period of up deliver his decision in writing within nine (9) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within nine (309) calendar days followingthe decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days from the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: No. Within nine (9) calendar days followingthe decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve understood and agreed that a representative of the grievance, Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the shall be delivered in any case, to provide writing within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a formal written response setting out grievance directly affecting an employee which such employee could himself institute and the Hospital's position on regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing identifying each employee who is grieving to the matter.Department Head or his designee within fourteen

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall hospital shall notify the Unionunion, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7)calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Public Service Employees

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage purpose of the grievance procedurefollowing grievance-arbitration procedure shall be to settle, including the complaint stageas quickly as possible, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to disputes concerning the interpretation, application, administration or alleged violation and enforcement of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat this Agreement raised by an employee has no grievance until he has first given his immediate supervisor or the opportunity of adjusting his complaintAssociation. Such complaint shall An attempt will be discussed made to resolve such disputes through informal discussion by meeting with his immediate supervisor within seven (7) calendar days from the event giving rise to appropriate supervisors and administrators, utilizing the grievanceLabor-Management Committee, or from when through other appropriate Departmental forum. LEVEL I: If a grievance is not settled during informal discussion, the employee should have reasonably become aware aggrieved party may within ten (10) working days of the event giving rise to the grievance or the time the aggrieved party could reasonably have acquired knowledge of the event, or the end of the informal discussions by the parties, present the grievance in writing to the grievant’s immediate supervisor and to the Association President. If the grievance is a result of an order made or an action taken by a higher ranking supervisor, then the grievance will be filed at that level. The immediate supervisor or supervisor receiving the grievance shall respond to the employee in writing within five (5) working days thereafter. LEVEL II: Within five (5) working days after receipt of the written response from the immediate supervisor, or the supervisor with whom the grievance was filed, and if the matter is unresolved, the aggrieved party may present the grievance in writing on the City/Association approved grievance form to the Chief of Police and to the Association President, accompanied by all correspondence on the matter. Within five (5) working days, the Chief of Police shall examine the relevant evidence and shall meet in consultation with the aggrieved party and representative, if any, for the purpose of resolving the grievance. Failing settlement The Chief of Police shall, within seven five (75) calendar daysworking days of the meeting, it shall then be taken up as render a decision and reasons therefore in writing to the aggrieved party and the Association. LEVEL III: If the aggrieved party is not satisfied with the disposition of the grievance at Level II, the Association may, within five (5) working days of the seven Chief of Police's decision, or within thirty‑five (735) calendar days following his immediate supervisor's after the grievance was filed, if no decision in is rendered by the following manner and sequence: The employee must Chief of Police, submit the grievance through in writing on the Local Union, signed by the and the Local Union President, or designate, City/Association approved form to the Chief Executive Officer Reno City Manager and to the Association President. Within five (CEO5) working days after written notice of submission to Level III, the Hospital, Reno City Manager or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance his/her designee shall identify schedule a meeting with the nature Association to discuss the merits of the grievance, . After the remedy sought, and should specify meeting the provisions of City Manager will prepare a response to the Agreement which are alleged Association within ten (10) working days relative to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's its position on the matterthis grievance.

Appears in 1 contract

Samples: Labor Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Section Grievance Procedure if an employee has a grievance or dispute with the Company, the parties agree to the following procedure: The aggrieved employee bring the matter in writing to his immediate supervisor within calendar days of the occurrence of the grievance. A discussion must take place between the supervisorand the employee. The supervisor shall render his decision in writing within calendar days following such discussion. the supervisor's response be unsatisfactory to the the matter be brought up in writing to the Plant Manager's attention within calendar days following Step The Plant Manager shall then convene a meeting including the and the Union grievance committee to discuss the matter. He should render his decision in writing within calendar days after such meeting. In the event that existed the grievance is not to the employee's satisfaction, the matter should be referred in writing within calendar days to a representativeof the President of the Company and the representativeof the President of the Union to be discussed with the parties involved. The parties shall communicate within a reasonable period of time to resolve the grievance. Should there be no agreement, the matter shall be referred to arbitration in writing within calendar days following the communication. Section Arbitration Procedure A In the notice to the other party, the party requesting arbitration must submit a list of names of xxxxxxxxxxxxxxx it proposesto act as a sole arbitrator. The other party has calendar days to either agree to one of the names submitted or submit its own list. Should there be no agreement in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence choice of a Union Xxxxxxx at any stage person to act as the arbitrator, the Federal Minister of Labour will be requested to appoint one. C The cost of the arbitrator shall be shared equally by the parties. Each party shall pay their own costs. D No matter may be submitted to arbitration which has not been carried through all steps outlined in the grievance procedure. However, including time limits may be extended by mutual agreement. Section JurisdictionOf The Arbitrator The Arbitrator shall not be authorized to make any decision with the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose provisions of this Agreement, a grievance is defined as a difference arising between a member nor to alter, modify or amend any part of this Agreement. The decision of the bargaining unit Arbitrator shall be final and binding on the Company, the Union and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreementemployees. It is the mutual desire of the parties hereto that complaints shall be 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. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter.ARTICLE Section Job Classification Maintenance Operator Grain Distributor Probationary Temporary

Appears in 1 contract

Samples: Plan for Hourly Employees

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supetvisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7)calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Grievance Arbitration Procedure. (The following clauses will appear Except as may be otherwise provided in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is shall be defined as a difference arising between claim by an employee, the Local Union, or the Agency that there has been a member breach, misinterpretation, misapplication, or other non-compliance with a specific provision of this Agreement. All grievances shall be reduced to writing. The grievance shall clearly and concisely specify all facts which constitute the basis for the grievance; the Article(s) or Section(s) of the bargaining unit and Agreement allegedly violated; the Hospital relating to the interpretation, application, administration or alleged violation date of the Agreementoccurrence(s); and each employee with respect to whom a violation is claimed. It is the mutual desire of the parties hereto that complaints The grievance form shall be adjusted as quickly as possibledated, and it if the grievance is understoodthat initiated by an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the Xxxxxxx and each employee who claims a violation of this Agreement. Any time limit imposed upon the handling of grievances shall commence on the date of receipt. Any time limit so imposed shall be interpreted as calendar days. Time limits may be changed at any Step by mutual consent of the parties in writing. A grievance not answered within the specified or mutually extended time period may be appealed to the next Step of the grievance procedure. A grievance not submitted or advanced to the next Step in the procedure within the specified or mutually extended time period shall be deemed closed and no further recourse may be had. Employee and Local Union President, or designate, grievances shall be processed in the following manner: Step One: An alleged grievance will be presented in writing to the Chief Executive Officer aggrieved employee’s supervisor within fourteen (CEO14) of days after the Hospital, event or designateevents giving rise to the grievance(s) or within fourteen (14) days after those events should have reasonably been known. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature After receipt of the grievance, the remedy soughtsupervisor shall discuss the matter with the aggrieved employee and the Union xxxxxxx or his/her designee within five (5) days, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have unless a period of up to thirty (30) calendar days from the date the grievance request for information is filed to attempt to resolve made in connection with the grievance, and in any case, to provide which case the Union with a formal written response setting out supervisor shall discuss the Hospital's position on the matter.matter within five

Appears in 1 contract

Samples: Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretationinter- pretation, application, administration or alleged violation of the AgreementAgreement or the discipline, discharge or suspension of an employee covered by this agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he she has first given his her immediate supervisor manager the opportunity of adjusting his her complaint. Such complaint shall be discussed with his her immediate supervisor manager within seven (7) calendar continuous days from the event giving rise to the grievance, or from when the employee should ought reasonably to have reasonably become aware of the event giving rise to the grievance. Failing grievance and failing settlement within seven (7) calendar days, continuous days it shall then be taken up as a grievance within the seven (7) calendar continuous days following his advice of her immediate supervisormanager's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the her to her immediate manager and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he she so desires, by his union xxxxxxxa member of the Grievance Committee. The grievance shall identify the nature of the grievance, grievance and the remedy sought, sought and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate manager will have deliver her decision in writing within seven (7)continuous days following the day on which the grievance was presented to her. Failing settlement, then: Step No. Within seven (7) continuous days. following the decision under Step No. the employee who, if she desires, may be accompanied by a period member of up the Grievance Committee may submit the written grievance to thirty her Department Head, Divisional Director or designate as applicable, who will deliver a decision in writing within seven (307) calendar continuous days from the date on which the written grievance was presented. Failing settlement, then: Step No. Within seven (7) continuous days followingthe decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive of the Hospital or designate. A meeting will then be held between the Chief Executive Officer or designate and the Grievance Committee within seven (7)continuous days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) continuous days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed14.01. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a A grievance is defined as a difference controversy concerning the interpretation or application of a specific provision of this Agreement. The Hospital and the Association will attempt to see that baseless and dilatory grievances do not arise and are not pursued in the procedure. The procedures outlined in this Article shall be the exclusive procedures for resolving all grievances arising between out of this Agreement. In order for a member grievance to be recognized, it must be brought to the attention of the bargaining unit Hospital and must be processed through the Hospital relating following steps: STEP ONE: The aggrieved nurse and/or the Association grievance representative shall present the grievance orally to the interpretationgrievant’s immediate supervisor and attempt to informally resolve the matter. To be considered timely, application, administration or alleged violation a grievance must be presented to the nurse’s immediate supervisor within five (5) calendar days of the date the nurse or the Association knew or should have known of the events giving rise to the grievance. Any resolution of grievances at this level shall not be precedent-setting, but must not be inconsistent with the terms of this Agreement. It is the mutual desire a requirement of Step One of the parties hereto that complaints procedure for the grievant to be present at the Step One Meeting. If the grievant is not present, the grievance shall be adjusted as quickly as possibleheld pending until the grievant attends the Step One Meeting. Absent mitigating circumstances, and it if the grievant is understoodthat an employee has no not made available to the Step One Meeting within five (5) calendar days, the grievance until he has first given his immediate supervisor will be dismissed. STEP TWO: If the opportunity of adjusting his complaint. Such complaint grievance is not settled at Step One, the grievance shall be discussed with his immediate supervisor reduced to writing and received by the department head or designee within seven (7) calendar days from after receipt of the event Step One answer. Every written grievance shall attempt to set forth in detail the acts or occurrences giving rise to the alleged violation of the Agreement, including applicable times, dates, provisions violated, individuals involved, etc. The submission of the written grievance within such time limits and with such details where possible shall be considered a condition precedent to arbitration, unless otherwise agreed in writing. After submission of the written grievance, the department head or from when designee will meet with the employee should have reasonably become aware of Association’s designated representative and/or the event giving rise grievant in an attempt to resolve the grievance. Failing settlement The Hospital agrees to answer the grievance within ten (10) calendar days of the meeting. STEP THREE: If the grievance is not resolved at Step Two, the Association may, within seven (7) calendar daysdays of receipt of a Step Two answer, it shall then submit the written grievance to the president of the Hospital or his or her designee. The meeting will be taken up as held by the president or his or her designee with a designated Association representative, to discuss the merits of the grievance within and to ascertain the seven facts. Within ten (710) calendar days following his immediate supervisor's decision in the following manner and sequencehearing, the Hospital will provide a written response to the grievance. STEP FOUR: The employee must submit If the grievance through is not settled at Step Three, a representative of the Local Union, signed by Association may notify the and Hospital in writing of the Local Union President, or designate, Association’s decision to appeal the Chief Executive Officer grievance to arbitration. Such notice must be filed within twenty (CEO20) calendar days of the date of the Hospital’s Step Three answer. Whereupon, or designateeither side may file a request for a panel of arbitrators from the American Arbitration Association. The employee may filing of a notice of arbitration shall be accompanied, if he so desires, by his union xxxxxxxconsidered a condition precedent to arbitration unless otherwise agreed to in writing. The grievance shall identify the nature Upon receipt of the grievancepanel of arbitrators, each party shall have the remedy soughtright to strike one name until only one arbitrator remains on the list, who shall hear and should specify decide the provisions of the Agreement which are alleged to have been violatedcase. The parties will have a period of up to thirty (30) calendar days from the date If the grievance is filed not submitted to attempt arbitration within the required time period, it shall be deemed to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position be settled on the matterbasis of the Step Three answer.

Appears in 1 contract

Samples: www.angelfire.com

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in 2401 Any complaint or dispute arising between a Registered Nurse and the Hospital's expiring collective agreement:) Employees shall have Employer concerning the right, upon request, to the presence of a Union Xxxxxxx at any stage interpretation or application of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose provisions of this Agreement, or any questions relating to hours of work, or other conditions of employment, shall be resolved in accordance with this Article. A grievant Registered Nurse and an Association Representative will be afforded reasonable administrative time to review and handle the grievance. 2402 It is the intent of the Parties that differences should be resolved promptly, equitably, and whenever possible on an informal basis at the immediate supervisory level. The prompt settlement of complaints is desirable in the interest of sound labor-management relations. Informal verbal discussion of complaints between the Registered Nurse and the immediate supervisor is required prior to initiating a grievance. An Association Representative may attend such meetings when requested by the Registered Nurse. 2403 This Article, except as required by law, or where specifically excluded, is the exclusive procedure for the adjustment of grievances by Registered Nurses or by the Parties. Grievances may be presented and processed by; (a) a Registered Nurse individually, in which case the Association Representative shall have the right to be present during the proceedings; (b) a Registered Nurse represented by the Association; (c) the Association on behalf of one or more Registered Nurses; (d) the Association on its own behalf; or (e) the Employer on its own behalf. 2404 Grievances under Paragraph 2403 concerning appropriate matters relating to the employment of a Registered Nurse will be submitted to the Registered Nurse’s immediate supervisor. When a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating reduced to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be 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. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar dayswriting, it shall then be taken up as a grievance within will state specifically the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievancecondition being grieved, the remedy sought, and should specify must be signed and dated by the Registered Nurse and by the Association Representative, where designated. 2405 Grievances must be submitted within fifteen (15) workdays after the incident which gave rise to the grievance, unless the circumstances of the case made it impossible for either the Registered Nurse or the Association to know there were grounds for a grievance prior to that date. In such event, a grievance to be timely must be presented within fifteen (15) workdays after the grievant first knew of such grounds. These grievances will be considered only after the informal verbal discussions specified in Paragraph 2402. As used in this Article, workdays shall be defined as Monday through Friday except holidays. 2406 Grievances shall be processed in the following manner: 2407 Step I Within five (5) workdays of receipt of the original grievance, the Registered Nurse’s supervisor shall hold a meeting with the Registered Nurse and the designated Association Representative to discuss the matter. The supervisor’s written response will be provided to the Registered Nurse within five (5) workdays of the meeting. If the response does not resolve the issue, the aggrieved Registered Nurse or the Association may appeal the grievance to Step 2. 2408 Step 2 The Registered Nurse and/or the Association shall submit a written grievance, on a form provided by the Association, to the Chief Nursing Service within ten (10) workdays following receipt of the written decision in Step 1. A Step 2 meeting shall be conducted. The Registered Nurse will be provided with a written response to the grievance within ten (10) workdays after the final Step 2 meeting. If the response does not resolve the grievance the Registered Nurse and/or the Association may appeal the grievance to Step 3. 2409 The Parties agree to raise any questions of grievability or arbitrability of an issue prior to the time limit or the written answer in Step 2. All disputes of grievability or arbitrability shall be referred to arbitration as a threshold issue in the related grievance. 2410 Step 3 The Registered Nurse, and/or the Association may appeal the grievance in writing to the Hospital Director or designee within ten (10) workdays of the Step 2 response, after which a Step 3 meeting shall be conducted. The Hospital Director or designee shall give written answer to the grievance within ten (10) workdays following completion of the Step 3 meeting. 2411 Discipline Grievances 2412 Grievances concerning disciplinary action issued locally will be submitted directly to a management representative above the level initiating the disciplinary action. Disciplinary grievances must be submitted within fifteen (15) workdays following the Employer’s disciplinary action. The Registered Xxxxx’s grievance will be considered under the provisions of the Agreement Step involved. 2413 Institutional Grievances 2414 Grievances concerning interpretation or application of the Agreement, or any law, rule, or regulation affecting conditions of employment, but which are alleged to have been violateddoes not concern the employment of any single Registered Nurse, will be resolved through the following institutional procedure. 2415 Either Party may raise an issue concerning a matter as cited above. The parties designated representatives of the Parties will meet and attempt to resolve the dispute informally. 2416 In the event the dispute is not resolved, the Association President or designee, or the Hospital Director or designee, whichever is the moving Party, may file a written request for the other’s official position in the matter pending. Such request will clearly state that the issue is being grieved, and will contain a statement of dispute and the position of the moving Party. The responding Party will have twenty (20) workdays in which to provide an answer in writing. 2417 If there is no response in twenty (20) workdays, or if the written response does not resolve the dispute, the moving Party may proceed to Arbitration. 2418 Meetings held under this procedure are not an adversary process. They are fact finding discussions conducted by the Parties in an attempt to reach an agreement. Written documents may be incorporated with the grievance or incorporated in a period request for review. Open and xxxxx discussions of up the problems are encouraged. Only issues that are relevant to the grievance as initially filed may be raised. 2419 Time Limits 2420 The time limits at any step of the grievance procedure may be extended by the mutual agreement of the Parties. If a time limit is not observed by the Registered Nurse and/or the Association, the grievance shall be considered settled. Should the Employer fail to meet any time limits, the Registered Nurse and/or the Association may advance the grievance to the next step. The Parties may mutually agree in writing to waive any step in this procedure. 2421 Appeal to Arbitration 2422 If no mutually satisfactory settlement is reached in Step 3, the Association may appeal to arbitration within fifteen (15) workdays of the date of receipt of the Director’s or the designee’s written decision. All time limits of this Article may be extended by mutual consent of the Parties to this Agreement. 2423 Arbitration Procedure 2424 Only those grievances processed through the grievance procedure may be submitted to Arbitration. Appeals to Arbitration must be made within fifteen (15) workdays following receipt of the written Step 3 grievance decision, or the institutional procedure response. The moving Party shall notify the other in writing that arbitration is requested and of the general reasons for the appeal. Only the Association or the Employer may invoke arbitration. No Registered Nurse may singularly bring a grievance to arbitration without the Association’s sanction. 2425 Within five (5) workdays after receipt of an appeal to Arbitration, the Parties will hold a pre-arbitration meeting to again review the case in question, and to jointly select an arbitrator if the case cannot be resolved. If agreement on an arbitrator cannot be reached, the Parties will jointly request the Federal Mediation & Conciliation Service (FMCS) to submit a list of five (5) arbitrators. The Parties shall confer within five (5) workdays after receiving the list to choose an arbitrator. If the Parties cannot mutually agree to select one of the listed arbitrators, the Association or the Employer by lot will in turn strike one name from the list. The remaining named person shall be the arbitrator. 2426 Within ten (10) workdays following receipt of the request for Arbitration the Parties will meet to define the issues and to prepare a joint submission agreement. If the Parties cannot agree on a joint submission, each shall submit a separate written statement of the issue(s) to the arbitrator with a copy to the other Party. When there are separate submissions, then and only then may the arbitrator determine the issue(s) to be heard. Otherwise the arbitrator is bound by the joint submission agreement. 2427 The arbitrator shall have jurisdiction and authority to interpret the Agreement and to apply it to the particular case under consideration, but shall have no authority to change, modify, alter, delete, or add to the terms of the Agreement. 2428 The fees and expenses of the arbitrator, and the cost of a transcript, if mutually ordered, shall be shared equally by the Parties. Arbitration hearings will be held, whenever practicable, on the Employer’s premises or in a suitable place provided by the Employer, and will be held during the normal administrative workweek. The Association Representative, if an employee, the grievant, or any employee(s) called as a witness will be excused from duty without loss of pay, or a charge to leave, to the extent necessary to participate in the official proceedings. Overtime or compensatory time will not be paid to Registered Nurses or other employees for time involved in arbitration. 2429 The decision of the arbitrator will be final and binding on both the Association and the Employer. Either Party may file exceptions to the arbitrator’s award with the Federal Labor Relations Authority (FLRA) in accordance with that agency’s regulations. The arbitrator will be requested to render the decision or award within thirty (30) calendar days days. 2430 General 2431 The Association is the exclusive representative of all Registered Nurses covered by this Agreement, and is therefore the only Party which may represent a Registered Nurse or group of Registered Nurses in processing grievances under this Article. In the event that any Registered Nurse does not choose to have Association representation throughout the grievance procedure, the Association Representative will have the right to be present at each step of the grievance procedure. 2432 The following matters are excluded from the date grievance and arbitration procedures of this Agreement: 2433 Matters over which the grievance is filed Employer does not have discretionary authority emanating from higher level directives, laws and regulations. 2434 Matters related to attempt the exercise of the Employer Rights described in Article III of this Agreement. 2435 Any claimed violation of Subchapter III of Chapter 23 of the Civil Service Reform Act relating to resolve prohibited political activities. 2436 Retirement, life insurance, or health insurance issues. 2437 A suspension or removal under Section 7532 relating to National Security reasons. 2438 Any examination, certification, or appointment. 2439 The classification of any position which does not result in the grievancereduction in grade or pay of a Registered Nurse. 2440 All other matters for which a statutory appeals procedure exists such as complaints or prohibited discrimination, adverse actions, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matterremovals for unacceptable performance.

Appears in 1 contract

Samples: Management Agreement

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Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital parties relating to the interpretation, application, administration or alleged violation of the Agreementagreement. It is the mutual desire of the parties hereto that complaints of the Employer and of employees shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven nine (79) calendar days from after the event circumstances giving rise to the grievance, or from when the it has occurred. The employee should have reasonably become aware of the event giving rise to the grievancemay be represented by a union representative. Failing settlement within seven nine (79) calendar days, it shall may then be taken up as a grievance within the seven nine (79) calendar days following his being advised of his immediate supervisor's decision in the following manner and sequence: sequence Step The employee must or a union representative may submit the a written grievance through the Local Union, signed by the and the Local Union President, or designate, employee to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxximmediate supervisor. The grievance shall identify the nature of the grievance, grievance and the remedy sought, sought and should specify identify the specific provisions of the Agreement which are alleged to have been be violated. The parties immediate supervisor will deliver his decision in writing within nine (9) days following the day on which the grievance was presented to him. Failing settlement, then: Step Within nine (9) days following the decision in Step the grievance may be submitted in to the Department Manager or his designate. A meeting will then be held between the Employer representative and the Union representativewithin (9) days of the submission of the grievance at Step extended by mutual agreement of the parties. It is understood the Employer representativemay have a period such counsel and assistance as he may desire at such meeting. The decision of up to thirty the Employer shall be delivered in writing within nine (309) calendar days from following the date of such meeting. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in writing, signed by each employee who is grieving unless the parties mutually agree that the Shop Xxxxxxx can sign the grievance is filed on behalf of the employees, to attempt the Manager or his designate within nine (9) days after the circumstances giving rise to resolve the grievance have occurred. The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the handling of such grievance. The group of grieving employees shall be represented at the grievance by one (1) member of the group. A grievancearising directly between the Employer and the Union the interpretation,applicationor alleged violation of the Agreement shall be at Step within nine (9) days following the circumstance giving rise to the grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which he could have instituted himself and in any case, to provide the Union with regular grievance procedure shall not be thereby bypassed. The release of a formal probationary employee shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his probationaryperiod that he has been unjustly discharge shall be treated as a grievance if a written response setting out statement of such grievance signed by the Hospital's position on employee is lodged by the matter.employee or a union representativewith the Employer at Step within nine (9) days after the date of discharged is effected. Such special grievance may be settled under the Grievance and Arbitration Procedure by:

Appears in 1 contract

Samples: negotech.labour.gc.ca

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall Hospital shall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter. During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee. Prior to the initial meeting date being established, the parties will provide document disclosure on a without prejudice basis to each other, with the purpose of providing both parties with the opportunity to understand the grievance and to prepare for the resolution meeting In determining a date for the meeting the parties will consider: the time needed for research, consultation and preparation for the and, the time needed, after the meeting, and before the expiry of the thirty (30) day period, to conduct follow-up activities including the possibility of holding further meetings. For these reasons the initial meeting will generally take place during the middle ten days of the thirty (30) day period. In resolving the dispute, the parties will hold the meeting, and any other meetings as may be agreed, to thoroughly consider the grievance and attempt to find a resolution. The governing principle will be that the parties have a mutual interest in their own solutions and avoiding, if at all possible, having the decision made by an arbitrator. If the parties are unable to resolve the grievance, the Hospital will provide the Union with a written responseto the grievance by the end of the thirtieth day following the date of the filing of the g The Union will then have a period of fourteen (14) calendar days from the date of the Hospital's response to determine if the response is acceptable, or will refer the matter to arbitration. If the grievance is filed by the Hospital, the Union will provide a response by the end of the thirtieth day following the date the grievance was filed. The Hospital will have fourteen (14) calendar days from the date of the Union's response to determine if it will accept the Union's response or will refer the matter to arbitration.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees Hospital agrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall Hospital shall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be 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. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter. During the thirty (30) day resolution period referred to above, the parties will attempt to resolve the in dispute through a meeting or a series of meetings which shall involve the individuals with authority to resolve the grievance. In all cases, the shall include the Union Grievance Committee.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Section Grievance Procedure if an employee has a grievance or dispute with the Company, the parties agree to the following procedure: The aggrieved employee bring the matter in writing to his immediate supervisor within calendar days of the occurrence of the grievance. A discussion must take place between the supervisorand the employee. The supervisor shall render his decision in writing within calendar days following such discussion. the supervisor's response be unsatisfactory to the the matter be brought up in writing to the Plant Manager's attention within calendar days following Step The Plant Manager shall then convene a meeting including the and the Union grievance committee to discuss the matter. He should render his decision in writing within calendar days after such meeting. In the event that existed the grievance is not to the employee's satisfaction, the matter should be referred in writing within calendar days to a representativeof the President of the Company and the representativeof the President of the Union to be discussed with the parties involved. The parties shall communicate within a reasonable period of time to resolve the grievance. Should there be no agreement, the matter shall be referred to arbitration in writing within calendar days following the communication. Section Arbitration Procedure A In the notice to the other party, the party requesting arbitration must submit a list of names of individualsthat it proposesto act as a sole arbitrator. The other party has calendar days to either agree to one of the names submitted or submit its own list. Should there be no agreement in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence choice of a Union Xxxxxxx at any stage person to act as the arbitrator, the Federal Minister of Labour will be requested to appoint one. C The cost of the arbitrator shall be shared equally by the parties. Each party shall pay their own costs. D No matter may be submitted to arbitration which has not been carried through all steps outlined in the grievance procedure. However, including time limits may be extended by mutual agreement. Section JurisdictionOf The Arbitrator The Arbitrator shall not be authorized to make any decision with the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose provisions of this Agreement, a grievance is defined as a difference arising between a member nor to alter, modify or amend any part of this Agreement. The decision of the bargaining unit Arbitrator shall be final and binding on the Company, the Union and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreementemployees. It is the mutual desire of the parties hereto that complaints shall be 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. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter.ARTICLE Section Job Classification Maintenance Operator Grain Distributor Probationary Temporary

Appears in 1 contract

Samples: Plan for Hourly Employees

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital parties relating to the interpretation, application, administration or alleged violation of the Agreementagreement including any question as to whether a matter is arbitrable. At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right upon request to the presence of xxxxxxx. In the case of suspension or discharge the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven nine (79) calendar days from after the event circumstances giving rise to it have occurred or ought reasonably to have come to the grievance, or from when attention of the employee should have reasonably become aware of the event giving rise to the grievance. Failing and settlement within seven nine (79) calendar days, it shall then be taken up as a grievance within the seven nine (79) calendar days following advice of his immediate supervisor's decision in the following manner and sequence: The employee must may submit the a written grievance through the Local Union, signed by the and the Local Union President, or designate, employee to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxximmediate supervisor. The grievance shall identify the nature of the grievance, grievance and the remedy sought, sought and should specify the provisions of the Agreement which are alleged to have been be violated. The parties immediate supervisor will have a period of up to thirty deliver his decision in writing within nine (309) calendar days from following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within nine (9) calendar days following the decision under Step No. the employee may submit the written grievance to his Department Head who will deliver his decision in writing within nine (9) calendar days the date on which the written grievance was presented to him. The parties may, if they so desire, meet to discuss the grievance at a time and place suitable to both parties. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: No. Within nine (9) calendar days following the decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his designee. A meeting will then be held between the Hospital Administrator or his designee and the Grievance Committee within nine (9) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is understood and agreed that a representative of the Canadian Union of Public Employees and the may be present at the meeting. It is further understood that the Hospital Administrator or his designee may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be delivered in writing within nine (9) calendar days following the date of such meeting. A complaint or grievance arising directly between the Hospital and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step No. within fourteen (14) calendar days following the circumstances giving rise to the complaint or grievance. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly an employee which such employee could himself institute and the regular grievance procedure shall not be thereby bypassed. Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance in Writing each employee who is grieving to the Department Head or his designee within fourteen (14) calendar days the circumstances giving rise to the grievance have occurred or ought reasonably to have come to the attention of the The grievance shall then be treated as being initiated at Step No. and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period not be the subject of a grievance or arbitration. A claim by an employee has completed his probationary period that he has been unjustly or suspended shall be treated as a grievance if a written statement of such grit- is lodged by the employee with the Hospital at Step No. within seven (7) calendar days the date the discharge or suspension is effected. Such special grievance is filed to attempt to resolve may be settled under the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter.Grievance or Arbitration Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) : Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. Agreement It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar 7)calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up to thirty deliver his decision in writing within seven (307) calendar days following the day on which the grievance was presented to him. Failing Settlement, then: No. Within seven (7) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7)calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, 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 expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned. Wherever arbitration board is filed referred to attempt in the agreement, the parties may mutually agree in writing to resolve substitute a single arbitrator for the grievance, arbitration board at the time of reference to arbitration and in any case, the other provisions referring to provide the Union with a formal written response setting out the Hospital's position on the matter.arbitration board shall appropriately apply. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Part Time

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall hospital shall notify the Unionunion, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: No. Within seven (307) calendar days following the decision under Step No. I the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive of the Hospital or his designate. A meeting will then be held between the Chief Executive or his designate and the Grievance Committeewithin seven (7) calendar days of the submissionof the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will ciauses appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees : shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within seven (307)calendar days foilowing the decision under Step No. the employee who, if he so desires. may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who deliver his decision in writing within seven (7) calendar days from the date on which the written grievance is filed to attempt to resolve was presented. This step may be omitted where the grievanceemployee's immediate supervisor and Department Head are the same person. Failing settlement, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matter.then:

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in 9.1 A Pilot and or the Hospital's expiring collective agreement:) Employees shall have Union who has a difference or dispute with the rightCompany, upon request, or a dispute with respect to the presence interpretation of the Collective Agreement shall first discuss the matter with their supervisor with a view to achieving prompt settlement thereof. This discussion will occur as soon as reasonably possible and the process shall use the following steps: Step One: If, after forty-eight (48) hours from the time of such discussion, the matter is not resolved, it will become a formal grievance provided the Pilot and/or their Union Xxxxxxx Representative present a written grievance form to the Chief Pilot, specifying the provision(s) of the Collective Agreement allegedly violated and the remedy requested, all within fourteen (14) calendar days of the date of occurrence of the fact or event which gave rise to the dispute. A copy of the Grievance form is attached hereto as Appendix B. The grievance will be heard by the Company at any stage a meeting convened in a location and time convenient to the Company and Union within fourteen (14) calendar days of the date of the grievance procedure, including the complaint stage, or at any time when formal discipline unless another date is imposedagreed by them. The Hospitalagrees that Company will respond to the Union in writing within fourteen (14) days of the date of the meeting. Step Two: Failing satisfactory resolution of the grievance in Step One, and provided written notice is provided to the Company within fourteen (14) calendar days of the date of the Step One decision, the Union may advance the grievance to Step Two, where it will be heard by the Company, within fourteen (14) days of the date of such notice unless another date is agreed by the parties. The Company will respond to the Union in writing within fourteen (14) calendar days of the meeting. These timelines may be extended by mutual agreement. Step Three If the grievance is not discipline an employee without just causedeemed resolved within fourteen (14) calendar days of the Company’s written decision at Step Two it may be referred to arbitration. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, The referring party shall do so in writing, of such suspension and propose one or dischargemore arbitrators to hear the matter. For the purpose of this Agreement, a grievance is defined The other party will respond as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration soon as possible with agreement on an arbitrator or alleged violation of the Agreementalternative proposed arbitrators. It is the mutual desire of the parties hereto that complaints shall be 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. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from In the event giving rise to that no agreement can be reached, either party may seek the grievance, or from when the employee should have reasonably become aware appointment of the event giving rise to the grievance. Failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, signed an arbitrator by the Federal Mediation and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date the grievance is filed to attempt to resolve the grievance, and in any case, to provide the Union with a formal written response setting out the Hospital's position on the matterConciliation Service.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. Ag It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7)calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: No. Within seven (307)calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committeewithin seven (7)calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital hospital deems it necessaryto necessary to suspend or discharge an employee, the Hospitalshall hospital shall notify the Unionunion, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: Step No. Within seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Memorandum of Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) : Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: Step No. The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor deliver his decision in writing within seven (7) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Step No. Within seven (7) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will have a period of up to thirty deliver his decision in writing within seven (307) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive Officer of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7) calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve understood that either party may have such assistance as they may desire,, at such meeting. The decision of the grievance, and Hospital shall be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Collective Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose of this Agreement, a 14.01 A grievance is defined as a difference controversy concerning the interpretation or application of a specific provision of this Agreement. The Hospital and the Association will attempt to see that baseless and dilatory grievances do not arise and are not pursued in the procedure. The procedures outlines in this Article shall be the exclusive procedures for resolving all grievances arising between out of this Agreement. In order for a member grievance to be recognized, it must be brought to the attention of the bargaining unit Hospital and must be processed through the Hospital relating following steps: STEP ONE: The aggrieved Nurse and/or the Association grievance representative shall present the grievance orally to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understoodthat an employee has no grievance until he has first given his grievant's immediate supervisor and attempt to informally resolve the opportunity of adjusting his complaintmatter. Such complaint shall To be discussed with his considered timely, a grievance must be presented to the Nurse's immediate supervisor within seven (7) calendar days from of the event giving rise to date the grievance, Nurse or from when the employee Association knew or should have reasonably become aware known of the event events giving rise to the grievance. Failing settlement Any resolution of grievances at this level shall not be precedent-setting, but must not be inconsistent with the terms of this Agreement. It is a requirement of Step One of the procedure for the grievant to be present at the Step One Meeting. If the grievant is not present, the grievance shall be held pending until the grievant attends the Step One Meeting. Absent mitigating circumstances, if the grievant is not made available to the Step One Meeting within seven (7) calendar days, it the grievance will be dismissed. STEP TWO: If the grievance is not settled at Step One, the grievance shall then be taken up as a reduced to writing and received by the department head or designee within seven calendar days after receipt of the Step One answer. Every written grievance shall attempt to set forth in detail the acts or occurrences giving rise to the alleged violation of the Agreement, including applicable times, dates, provisions violated, individuals involved, etc. The submission of the written grievance within the seven (7) calendar days following his immediate supervisor's decision such time limits and with such details where possible shall be considered a condition precedent to arbitration, unless otherwise agreed in the following manner and sequence: The employee must submit the grievance through the Local Union, signed by the and the Local Union President, or designate, to the Chief Executive Officer (CEO) writing. After submission of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the written grievance, the remedy sought, and should specify department head or designee will meet with the provisions of the Agreement which are alleged to have been violated. The parties will have a period of up to thirty (30) calendar days from the date Association's designated representative and/or the grievance is filed to in an attempt to resolve the grievance. The Hospital agrees to answer the grievance within seven calendar days of the meeting. STEP THREE: If the grievance is not resolved at Step Two, and in any casethe Association may, within seven calendar days of receipt of a Step Two answer, submit the written grievance to the president or the Hospital or his/her designee. The meeting will be held by the president or his/her designee with a designated Association representative, to discuss the merits of the grievance and to ascertain the facts. Within seven calendar days following the hearing, the Hospital will provide the Union with a formal written response setting out to the grievance. STEP FOUR: If the grievance is not settled at Step Three, a representative of the Association may notify the Hospital in writing of the Association's decision to appeal the grievance to arbitration. Such notice must be filed within 20 calendar days of the date of the Hospital's position Step Three answer, and at this time either side may file a request for a panel of arbitrators from the American Arbitration Association. The filing of a notice of arbitration shall be considered a condition precedent to arbitration unless otherwise agreed to in writing. Upon receipt of the panel or arbitrators, each party shall have the right to strike one name until only one arbitrator remains on the matterlist, who shall hear and decide the case. If the grievance is not submitted to arbitration within the required time period, it shall be deemed to be settled on the basis of the Step Three answer. Steps One, Two and Three all now have the same time limits on both sides of seven days.

Appears in 1 contract

Samples: Agreement

Grievance Arbitration Procedure. (The following clauses will appear in all collective agreements replacing any provisions related to Grievance Procedure that existed in the Hospital's expiring collective agreement:) : Employees shall have the right, upon request, to the presence of a Union Xxxxxxx at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Hospitalagrees that it will not discipline an employee without just cause. Where the Hospital deems it necessaryto suspend or discharge an employee, the Hospitalshall notify the Union, in writing, of such suspension or discharge. For the purpose purposes of this Agreement, a grievance is defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged violation of the Agreement. It is the mutual desire of the parties hereto that complaints shall be adjusted adjusted- as quickly as possible, and it is understoodthat understood that an employee has no grievance until he has first given his immediate supervisor the opportunity of adjusting his complaint. Such complaint shall be discussed with his immediate supervisor within seven (7) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. Failing grievance and, failing settlement within seven (7) calendar 7)calendar days, it shall then be taken up as a grievance within the seven (7) calendar days following his immediate supervisor's decision in the following manner and sequence: The employee must submit the grievance through the Local Union, in writing signed by the him to his immediate supervisor and the Local Union President, or designate, to the Chief Executive Officer (CEO) of the Hospital, or designate. The employee may be accompanied, if he so desires, by his union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The parties immediate supervisor will have a period of up deliver his decision in writing within seven (7)calendar days following the day on which the grievance was presented to thirty him. Failing settlement, then: seven (307) calendar days following the decision under Step No. the employee who, if he so desires, may be accompanied by his union xxxxxxx, may submit the written grievance to his Department Head who will deliver his decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. Within seven (7) calendar days following the decision in the immediately preceding step, the grievance may be submitted in writing to the Chief Executive of the Hospital or his designate. A meeting will then be held between the Chief Executive Officer or his designate and the Grievance Committee within seven (7)calendar days of the submission of the grievance at Step No. unless extended by agreement of the parties. It is filed to attempt to resolve further understood that either party may have such assistance as they may desire at such meeting. The decision of the grievance, and Hospital be delivered in any case, to provide writing within fourteen (14) calendar days following the Union with a formal written response setting out the Hospital's position on the matterdate of such meeting.

Appears in 1 contract

Samples: Agreement

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