Common use of GRIEVANCE PROCEDURE & ARBITRATION Clause in Contracts

GRIEVANCE PROCEDURE & ARBITRATION. Nothing contained this Article shall prevent an instructor from discussing personal problems or complaints the instructor's school principal. The purpose of this procedure to secure, at the lowest possible administrative level, solutions to grievances which may from time to time arise. These procedures will be kept as informal as may be appropriate at any step of the procedure. A a claim by any instructor, group of instructors, or the Union, relating to the interpretation, application or administration of this Agreement, or is an allegation that this Agreement has been contravened. The term committee" shall mean a committee consisting of the President of the Local Union or designate, the Chief Xxxxxxx or the xxxxxxx representing the (or the and an equal of representatives of the Board, appointed from time to time by the Director of Education. An aggrieved instructor shall first submit representations either orally or in writing to the instructor's immediate superior, who is the school principal, either directly or through'the appropriate xxxxxxx. Any such grievance shall be presented within days the time when it arose to the principal who shall respond within five (5) days after the formal representation. Two If a decision satisfactory to the instructor is not given or no decision is given at Step One, then such instructor accompanied by a xxxxxxx may within days after the oral decision of Step One, present representations in writing to the Superintendent of Education, Personnel or designate. Such representations shall state the nature of the grievance, the remedy sought and the provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not prejudice the right of the instructor or of the Union to rely on any other provisions of the Agreement. Such official or designate shall notify the instructor and the xxxxxxx of the time and place at which they will meet to discuss and consider the written representations. Such meeting shall be held within days from the date upon which such official received the written representations. Such official shall give a decision in writing within days after such meeting. T If a decision satisfactory to such instructor not given or no decision is given at Step Two, then such instructor accompanied by a xxxxxxx may within days after the decision of the Superintendent of Education, Personnel or designate has been given or should have been given, submit the written representations made at Stage Two to the Deputy Director of Education, Human Resources. The Deputy Director of Education, Human Resources, or designate shall notify the instructor and the Local Union of the time and place at which the Grievance Committee will meet to discuss and consider such representations and the decision at Step Two. Such meeting shall be held within days from the date upon which such official representations were received. At the request of either party, a national representative of the Union may be present. The decision of such Grievance Committee will be given to the Local Union in writing within days after such meeting. Any grievance arising directly between the Board and the Union or any grievance involving more than one instructor instead of following the procedure hereinbefore set out, may be submitted in writing within a reasonable period by either of the parties hereto to the other. The parties agree to meet without delay in an attempt to settle the grievance through the Grievance Committee. In the event that the parties are unable to settle such grievance within twenty days after submission of same, then the party to whom the grievance was delivered shall reply in writing to such grievance within a further five days. In the event that any grievance shall not have been satisfactorily settled pursuant to the foregoing provisions, the matter may then, by notice in writing be given to the other party within ten days after the time limited for exhaustion of the applicable procedures contained in the foregoing provisions, be referred either by the Union or the Board to arbitration. The notice submitting to arbitration shall contain the name of the appointee to the Arbitration Board of the party making the submission. The recipient of the notice shall within ten days of receipt of the notice, inform the other party writing of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairman. If the recipient of the notice fails to appoint an appointee, or if the two appointees fail to agree upon a chairman within the time limited, then in either such case the appointment shall be made by the Office of Arbitration of the Ministry of Labour upon the request of either party. No person may be appointed to the Arbitration Board who has participated directly in any attempt to settle the grievance. The Arbitration Board shall hear and decide the grievance and shall issue its decision in writing and the decision shall be final and binding upon the parties and any instructor affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there no majority, the decision of the chairman governs. Notwithstanding Article the Arbitration Board established as above shall decide the grievance submitted to it, including any question as to whether a matter is arbitrable, but shall have no power to alter, modify, or amend this Agreement, nor make any decision inconsistent therewith. Each party shall pay the cost of its own appointee to the Arbitration Board, and the parties shall share equally the cost of the chairman. The term when used this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in The Education Act, Chapter as amended. Any time limits fixed by this Article for the taking of action by either party or by any instructor may at any time be extended by agreement of the representatives of the parties involved.

GRIEVANCE PROCEDURE & ARBITRATION. Nothing contained The Employer guarantees to every employee covered by this Article shall prevent an instructor from discussing personal problems Agreement that their status will not be prejudiced in any manner due to the fact that they have taken the action of carrying grievances to higher management levels when there has been failure to settle their complaints or complaints the instructor's school principalgrievances satis- factorily through their immediate supervisors. The purpose procedure for the discussion of this procedure any questions or problems which might arise concerning working condi- tions shall be as follows: Step No. 1: By discussion between the employee concerned jointly with Local Union Representative,the Xxxxxxx, or Manager. Step No. 2: The grievance shall be reduced to securewriting at Step It shall then be discussed between the employee concerned jointly with the Vice-president, or Local Union Representa- tive, the Xxxxxxx, the Manager and/or District Manager or Superintendent. Where the Manager mentioned in Step reports directly to the Regional Director, the Manager will act for the Com- pany in both Steps and and, where mutually agreeable, both Steps may be handled at the lowest possible administrative levelsame meeting. Step No. 3: Between the employee concerned with the President, solutions to grievances which may from a Representative, the Xxxxxxx or Manager, the Superintendent or District Manager, and the Regional Director or representative. Should the matter not be settled within fifteen (15) days of the date the written grievance is filed or such longer time to time arise. These procedures will be kept as informal as may be appropriate at any mutually agreeable, the issue may be sub- mitted to Arbitration as provided by this Agreement. Grievances will not be submitted to arbitration if ninety (90) days have elapsed from the date a third step meeting was held. Either party will get an extension if they request it in writing. Arbitration hearings will be held in one of the procedure. A a claim by any instructorfollowing locations: Ottawa, group of instructorsSudbury, or the UnionToronto, relating to the interpretation, application or administration of this Agreement, or is an allegation that this Agreement has been contravenedWindsor. The term committee" shall mean a committee consisting of the President of the Local Union or designatelocality to be selected by mutual agreement, however, failing agree- ment, the Chief Xxxxxxx Chairman shall set the place for the hearing. Should the matter at issue involve the misinterpreta- tion or the xxxxxxx representing the (or the and an equal of representatives of the Board, appointed from time to time by the Director of Education. An aggrieved instructor shall first submit representations either orally or in writing to the instructor's immediate superior, who is the school principal, either directly or through'the appropriate xxxxxxx. Any such grievance shall be presented within days the time when it arose to the principal who shall respond within five (5) days after the formal representation. Two If a decision satisfactory to the instructor is not given or no decision is given at Step One, then such instructor accompanied by a xxxxxxx may within days after the oral decision of Step One, present representations in writing to the Superintendent of Education, Personnel or designate. Such representations shall state the nature of the grievance, the remedy sought and the provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not prejudice the right of the instructor or of the Union to rely on any other provisions alleged violation of the Agreement, either party shall have the right to submit the matter to an Arbitrator. Such official or designate shall notify In the instructor and event the xxxxxxx parties fail to agree upon an Arbitrator, the Min- ister of Labour for the time and place at which they will meet to discuss and consider the written representations. Such meeting Province of Ontario shall be held within days from the date upon which such official received the written representations. Such official shall give requested to name a decision in writing within days after such meeting. T If a decision satisfactory person to such instructor not given or no decision is given at Step Two, then such instructor accompanied by a xxxxxxx may within days after the decision of the Superintendent of Education, Personnel or designate has been given or should have been given, submit the written representations made at Stage Two to the Deputy Director of Education, Human Resources. The Deputy Director of Education, Human Resources, or designate shall notify the instructor and the Local Union of the time and place at which the Grievance Committee will meet to discuss and consider such representations and the decision at Step Two. Such meeting shall be held within days from the date upon which such official representations were received. At the request of either party, a national representative of the Union may be presentact as Arbitrator. The decision of such Grievance Committee will be given to the Local Union in writing within days after such meeting. Any grievance arising directly between the Board and the Union or any grievance involving more than one instructor instead of following the procedure hereinbefore set out, may be submitted in writing within a reasonable period by either of the parties hereto to the other. The parties agree to meet without delay in an attempt to settle the grievance through the Grievance Committee. In the event that the parties are unable to settle such grievance within twenty days after submission of same, then the party to whom the grievance was delivered shall reply in writing to such grievance within a further five days. In the event that any grievance shall not have been satisfactorily settled pursuant to the foregoing provisions, the matter may then, by notice in writing be given to the other party within ten days after the time limited for exhaustion of the applicable procedures contained in the foregoing provisions, be referred either by the Union or the Board to arbitration. The notice submitting to arbitration shall contain the name of the appointee to the Arbitration Board of the party making the submission. The recipient of the notice shall within ten days of receipt of the notice, inform the other party writing of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairman. If the recipient of the notice fails to appoint an appointee, or if the two appointees fail to agree upon a chairman within the time limited, then in either such case the appointment shall be made by the Office of Arbitration of the Ministry of Labour upon the request of either party. No person may be appointed to the Arbitration Board who has participated directly in any attempt to settle the grievance. The Arbitration Board shall hear and decide the grievance and shall issue its decision in writing and the decision Arbitrator shall be final and binding upon the on both parties and any instructor affected by itto this Agreement. The decision of a majority Arbitrator shall not have anyjurisdiction to alter or change any of the Arbitration Board is provisions of this Agreement nor to substitute any new provisions in lieu thereof, nor to give any decision incon- sistent with the decision terms and provisions of this Agreement. The parties will jointly bear the expense of the Arbitration Board, but if there no majority, the decision of the chairman governs. Notwithstanding Article the Arbitration Board established as above shall decide the grievance submitted to it, including any question as to whether a matter is arbitrable, but shall have no power to alter, modify, or amend this Agreement, nor make any decision inconsistent therewith. Each party shall pay the cost of its own appointee to the Arbitration Board, and the parties shall share equally the cost of the chairman. The term when used this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in The Education Act, Chapter as amended. Any time limits fixed by this Article for the taking of action by either party or by any instructor may at any time be extended by agreement of the representatives of the parties involvedArbitrator.

GRIEVANCE PROCEDURE & ARBITRATION. Nothing contained In this Article a grievance shall prevent an instructor from discussing personal problems or complaints consist only of a dispute concerning the instructor's school principal. The purpose interpretation and application of this procedure to secure, at the lowest possible administrative level, solutions to grievances which may from time to time arise. These procedures will be kept as informal as may be appropriate at any step of the procedure. A a claim by any instructor, group of instructors, or the Union, relating to the interpretation, application or administration of clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. If any question arises as to whether a particular dispute is, or is an allegation that this Agreement has been contravened. The term committee" shall mean not a committee consisting grievance, within the meaning of the President of the Local Union or designatethese provisions, the Chief Xxxxxxx or question may be taken up through the Grievance Procedure and determined if necessary, by Arbitration. There shall be an xxxxxxx representing effort on the (or the and an equal part of representatives of the Boardboth parties, appointed from time to time by the Director of Education. An aggrieved instructor shall first submit representations either orally or in writing to the instructor's immediate superior, who is the school principal, either directly or through'the appropriate xxxxxxx. Any settle such grievance shall promptly, through the following steps: By conference between the aggrieved employee, Xxxxxxx and Xxxxxxx. Such conference to be presented within days the time when it arose to the principal who shall respond held within five (5) working days after (Saturdays, Sundays and General Holidays excluded) and the formal representationXxxxxxx shall give his answer within five (5) working days (Saturdays, Sundays and General Holidays excluded) of the presentation of the grievance to Failing settlement as in (a) by the Xxxxxxx and the Xxxxxxx, the Xxxxxxx may ask the Xxxxxxx to make an appointment with the Manager in an effort to reach a settlement. Two It shall be the responsibility of the Xxxxxxx and the Xxxxxxx to submit a written report to the Manager. If a decision satisfactory grievance is not settled after making every endeavour in procedures outlined in (a) and it shall be referred to the instructor is not given or no decision is given at Step OneGeneral Manager. Should the parties fail to reach satisfactory settlement in the preceding steps, then such instructor accompanied by a xxxxxxx may within days after the oral decision of Step One, present representations in writing to the Superintendent of Education, Personnel or designate. Such representations shall state the nature final settlement of the grievance, the remedy sought and the provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not prejudice the right of the instructor or of the Union to rely on any other provisions of the Agreement. Such official or designate shall notify the instructor and the xxxxxxx of the time and place at which they will meet to discuss and consider the written representations. Such meeting shall be held within days from the date upon which such official received the written representations. Such official shall give a decision in writing within days after such meeting. T If a decision satisfactory to such instructor not given or no decision is given at Step Two, then such instructor accompanied by a xxxxxxx may within days after the decision of the Superintendent of Education, Personnel or designate has been given or should have been given, submit the written representations made at Stage Two to the Deputy Director of Education, Human Resources. The Deputy Director of Education, Human Resources, or designate shall notify the instructor and the Local Union of the time and place at which the Grievance Committee will meet to discuss and consider such representations and the decision at Step Two. Such meeting shall be held within days from the date upon which such official representations were received. At the request of either party, a national representative of the Union may be present. The decision of such Grievance Committee will be given to the Local Union in writing within days after such meeting. Any grievance arising directly between the Board and the Union or any grievance involving more than one instructor instead of following the procedure hereinbefore set out, may must be submitted in writing within to a reasonable period by either Board of the parties hereto to the other. The parties agree to meet without delay in an attempt to settle the grievance through the Grievance CommitteeArbitration as outlined below. In the event that the parties are unable to settle such grievance within twenty days after submission of same, then the party to whom the grievance was delivered shall reply in writing to such grievance within Company has a further five days. In the event that any grievance shall not have been satisfactorily settled pursuant to the foregoing provisionsgrievance, the matter may then, by notice in writing be given to the other party within ten days after the time limited for exhaustion of the applicable procedures contained in the foregoing provisions, be referred either by the Union Manager or the Board to arbitration. The notice submitting to arbitration General Manager shall contain the name of the appointee to the Arbitration Board of the party making the submission. The recipient of the notice shall within ten days of receipt of the notice, inform the other party writing of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairman. If the recipient of the notice fails to appoint an appointee, or if the two appointees fail to agree upon a chairman within the time limited, then in either such case the appointment shall be made by the Office of Arbitration of the Ministry of Labour upon the request of either party. No person may be appointed to the Arbitration Board who has participated directly in any attempt endeavour to settle the grievancematter with the Xxxxxxx and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his purpose by the Company and by the Local Unions. The Arbitration Board shall hear and decide the grievance and shall issue its Joint Grievance Committee will render a decision in writing and the decision unless it is deadlocked which shall be final and binding upon and have the parties and any instructor affected by itsame judicial powers as a Board of Arbitration established under the following provisions. The decision Joint Grievance Committee shall be comprised of a majority two (2) persons, one (1) of whom shall be selected from Management and one from the Arbitration Board Local Unions. It is understood that in the decision of the Arbitration Board, but if there no majority, the decision of the chairman governs. Notwithstanding Article the Arbitration Board established as above shall decide the grievance submitted to it, including any question as to whether a matter is arbitrable, but shall have no power to alter, modify, or amend this Agreement, nor make any decision inconsistent therewith. Each party shall pay the cost of its own appointee to the Arbitration Board, and the parties shall share equally the cost of the chairman. The term when used this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in The Education Act, Chapter as amended. Any time limits fixed by this Article for the taking of action by either party or by any instructor may at any time be extended by agreement selection of the representatives the Company must name a representative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to render a majority decision, the grieving xxxxx must within fourteen (14) calendar days of the parties involved.date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined in Article section

GRIEVANCE PROCEDURE & ARBITRATION. Nothing contained 7.1 In this Article Article, a grievance will consist only of a dispute concerning interpretation and application of any clause in this Agreement; alleged violations of the Agreement and discipline or discharge of employees without reasonable cause. If any question arises as to whether a particular dispute is or is not a grievance within the meaning of these provisions, the question may be taken up through the grievance procedure and determined if necessary by Arbitration. There shall prevent be an instructor from discussing personal problems or complaints xxxxxxx effort on the instructor's school principalpart of both parties to settle such grievance promptly through the following steps. The purpose An employee called into the Employer’s office for disciplinary matters may, upon request, be accompanied by a Union Xxxxxxx. Copies of this procedure to secure, at the lowest possible administrative level, solutions to grievances which may from time to time arise. These procedures disciplinary notices will be kept as informal as may be appropriate at any step of given to the procedure. A a claim by any instructoremployee involved, group of instructors, or the Union, relating and the Union Xxxxxxx. Any disciplinary action taken by the Employer must be issued to the interpretation, application or administration of this Agreement, or is an allegation that this Agreement has been contravened. The term committee" shall mean a committee consisting of the President of the Local Union or designate, the Chief Xxxxxxx or the xxxxxxx representing the (or the and an equal of representatives of the Board, appointed from time to time by the Director of Education. An aggrieved instructor shall first submit representations either orally or in writing to the instructor's immediate superior, who is the school principal, either directly or through'the appropriate xxxxxxx. Any such grievance shall be presented within days the time when it arose to the principal who shall respond employee within five (5) days after the formal representation. Two If a decision satisfactory to the instructor is not given or no decision is given at Step One, then such instructor accompanied by a xxxxxxx may within days after the oral decision of Step One, present representations in writing to the Superintendent of Education, Personnel or designate. Such representations shall state the nature of the grievance, the remedy sought and the provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not prejudice the right of the instructor or of the Union to rely on any other provisions of the Agreement. Such official or designate shall notify the instructor and the xxxxxxx of the time and place at which they will meet to discuss and consider the written representations. Such meeting shall be held within days from the date upon which such official received the written representations. Such official shall give a decision in writing within days after such meeting. T If a decision satisfactory to such instructor not given or no decision is given at Step Two, then such instructor accompanied by a xxxxxxx may within days after the decision of the Superintendent of Education, Personnel or designate has been given or should have been given, submit the written representations made at Stage Two to the Deputy Director of Education, Human Resources. The Deputy Director of Education, Human Resources, or designate shall notify the instructor and the Local Union of the time and place at which the Grievance Committee will meet to discuss and consider such representations and the decision at Step Two. Such meeting shall be held within days from the date upon which such official representations were received. At the request of either party, a national representative of the Union may be present. The decision of such Grievance Committee will be given to the Local Union in writing within days after such meeting. Any grievance arising directly between the Board and the Union or any grievance involving more than one instructor instead of following the procedure hereinbefore set out, may be submitted in writing within a reasonable period by either of the parties hereto to the other. The parties agree to meet without delay in an attempt to settle the grievance through the Grievance Committee. In the event that the parties are unable to settle such grievance within twenty days after submission of same, then the party to whom the grievance was delivered shall reply in writing to such grievance within a further five days. In the event that any grievance shall not have been satisfactorily settled pursuant to the foregoing provisions, the matter may then, by notice in writing be given to the other party within ten days after the time limited for exhaustion of the applicable procedures contained in the foregoing provisions, be referred either by the Union or the Board to arbitration. The notice submitting to arbitration shall contain the name of the appointee to the Arbitration Board of the party making the submission. The recipient of the notice shall within ten days of receipt of the notice, inform the other party writing of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within ten (10) working days of the appointment latter of (i) the alleged infraction or (ii) when the Employer became aware of the second alleged infraction. All time limits referred to in the grievance or arbitration proceedings may be extended by mutual written agreement of themthe parties. Absent such written agreement, appoint a third person who the time limits contained herein shall be chairmanstrictly construed. If the recipient of employee or the notice Union fails to appoint an appointee, or if process the two appointees fail to agree upon a chairman grievance at any step within the time limitedlimits, then in either such case the appointment grievance shall be made by deemed to have been withdrawn. If the Office of Arbitration Employer’s designated representative fails to answer a grievance within the specified time limits, the Union shall have the right to immediately appeal the grievance to the next step of the Ministry grievance procedure. For disciplinary measures, all infractions will be removed from the employee’s record after a period of Labour upon the request of either party. No person may be appointed to the Arbitration Board who has participated directly in any attempt to settle the grievance. The Arbitration Board shall hear and decide the grievance and shall issue its decision in writing and the decision shall be final and binding upon the parties and any instructor affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there no majority, the decision of the chairman governs. Notwithstanding Article the Arbitration Board established as above shall decide the grievance submitted to it, including any question as to whether a matter is arbitrable, but shall have no power to alter, modify, or amend this Agreement, nor make any decision inconsistent therewith. Each party shall pay the cost of its own appointee to the Arbitration Board, and the parties shall share equally the cost of the chairman. The term when used this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in The Education Act, Chapter as amended. Any time limits fixed by this Article for the taking of action by either party or by any instructor may at any time be extended by agreement of the representatives of the parties involvedone (1) year.

GRIEVANCE PROCEDURE & ARBITRATION. Nothing contained A grievance shall consist of a dispute concerning interpretation and application of any clause in this Article shall prevent an instructor from discussing personal problems or complaints the instructor's school principal. The purpose of this procedure to secure, at the lowest possible administrative level, solutions to grievances which may from time to time arise. These procedures will be kept as informal as may be appropriate at any step Agreement alleged violations of the procedure. A a claim by any instructor, group Agreement and alleged abuses of instructors, discretion of supervision in the treatment of Union members or the Unionarbitrary or discriminatory cancellation of an Owner-operator’s service contract, relating contrary to the interpretation, application or administration terms of this Agreement. There shall be an xxxxxxx effort on the part of both parties to settle such grievances promptly and through the following steps: By conference between the aggrieved Union member and the Branch Manager or his designate. Failing settlement the grievance must be submitted in writing within seven (7) calendar days from the date of the alleged violation of the Agreement. Failing settlement at the above step, the Branch Manager shall render his decision in writing and shall refer the grievance to and arrange a meeting between the Union and the General Manager or is an allegation his designate within seven (7) days of the date that this Agreement has been contravenedthe grievance was registered in writing. The term committee" General Manager or his designate shall mean render his decision in writing within seven (7)days the date that the grievance was referred to him. In the event the Union or the Company has a committee consisting grievance, it shall be the responsibility of the President to advise the other party in writing within seven (7) calendar days of the alleged violation of the Agreement, and by such notification arrange a meeting within fourteen (14)calendar days between the General Manager or his designate and a duly accredited principal officer of the Local Union or his designate. Should the fail to reach a satisfactory settlement, the Chief Xxxxxxx or grievance may be submitted to a Board of Arbitration as outlined in section Should the xxxxxxx representing parties fail to reach satisfactory settlement in the (or preceding steps, the and an equal of representatives final settlement of the Boardgrievance may be submitted to an arbitration board as outlined below. Before submitting the grievance to arbitration, appointed from time to time the dispute shall, if requested by the Director grieving party, and in accordance with the procedures outlined in this Section, be brought to the attention of Educationa Joint Grievance Committee established for this purpose by the Company and by the Local Unions. An aggrieved instructor The Joint Grievance Committee will render a decision, unless it is deadlocked, which shall first submit representations either orally or be final and binding and have the same judicial powers as a Board of Arbitration. The Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) the Local Unions. It is further agreed that in the event that any Ontario Joint Grievance Committee is unable to render a majority decision, the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Committee declares a deadlock, unless they wish to withdraw the grievance, proceed to arbitration as outlined in Section It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing to in the instructor's immediate superior, who is the school principal, either directly or through'the appropriate xxxxxxx. Any such case of: an Owner-operator grievance shall be presented within days the time when it arose to the principal who shall respond within five fourteen (514) calendar days after the formal representation. Two If General Manager or his designate rendered a decision satisfactory or failed to the instructor is not given or no render a decision is given at Step One, then such instructor accompanied by as provided for in section a xxxxxxx may Company grievance within fourteen (14) calendar days after the oral decision meeting with the Union representative; a Union grievance within fourteen (14) calendar days after the meeting with the Company’s representative. A notice of Step One, present representations in writing intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s nominee to the Superintendent Board of Education, Personnel or designate. Such representations shall state Arbitration and within seven (7) calendar days from the nature receipt of the grievancenotice of intent to arbitrate, the remedy sought other party must in turn name their nominee. A third member to act as Chairman shall be appointed by the respective nominees. Should either party fail to name their nominee within the required seven (7) calendar days or should the nominees fail to select a Chairman within thirty (30) calendar days the date of their appointment, either party or their nominee shall request the Provincial or Federal Minister of Labour to make the appropriate appointment. The Board of Arbitration shall not have the right to alter or change any provisions in this Agreement or substitute any new provisions in this Agreement or to give any decision inconsistent with the terms and provisions of this Agreement. The Board shall have the authority to vary or set aside any penalty or discipline imposed relating to the grievance if it is deemed justified to do so. Each of the parties hereto will bear the expense of their nominee to the Board of Arbitration, and the provisions parties will equally bear the fees and expenses of the Agreement upon which Chairman. The Company shall not be responsible for the remuneration of time used by an Owner-operator in the investigation and settlement of a grievance. Prior to proceeding to a three (3) person Board of Arbitration, the parties may, by mutual agreement, elect to have the grievance is basedheard by a single arbitrator. Failure Should the parties fail to state appoint a one or more provisions (1) person Board of the Agreement shall not prejudice the right of the instructor or of the Union to rely on any other provisions of the Agreement. Such official or designate shall notify the instructor and the xxxxxxx of the time and place at which they will meet to discuss and consider the written representations. Such meeting shall be held Arbitration within thirty (30) days from the date upon which such official received of the written representationsreferral to arbitration, either party may request the Minister of Labour to make the appropriate appointment. Such official shall give In the event the Company has a decision in writing within days after such meeting. T If a decision satisfactory to such instructor not given or no decision is given at Step Two, then such instructor accompanied by a xxxxxxx may within days after the decision of the Superintendent of Education, Personnel or designate has been given or should have been given, submit the written representations made at Stage Two to the Deputy Director of Education, Human Resources. The Deputy Director of Education, Human Resources, or designate grievance they shall notify the instructor and the Local Union of the time and place at which the Grievance Committee will meet to discuss and consider such representations and the decision at Step Two. Such meeting shall be held within days from the date upon which such official representations were received. At the request of either party, a national representative principal officer of the Union may be present. The decision of such Grievance Committee by fax and a meeting will be given to the Local Union in writing arranged within days after such meeting. Any grievance arising directly between the Board and the Union or any grievance involving more than one instructor instead of following the procedure hereinbefore set out, may be submitted in writing within a reasonable period by either twenty-four (24) hours receipt of the parties hereto fax to discuss the other. The parties agree to meet without delay in an attempt to settle the grievance through the Grievance Committeealleged violation and grievance. In the event that the parties Union refuses to meet with the Company within the twenty-four (24) hour period as prescribed above the Company may then proceed to Arbitration. These provisions are unable alternative to settle such grievance within twenty days after submission of same, then the party to whom the grievance was delivered shall reply in writing to such grievance within a further five days. In the event that any grievance shall not have been satisfactorily settled pursuant to the foregoing provisions, the matter may then, by notice in writing be given to the other party within ten days after the time limited for exhaustion procedures of the applicable Company as set forth in section The mandatory time limits and procedures contained in the foregoing provisions, set out above must be referred either observed by the Union or the Board in order to arbitration. The notice submitting proceed to arbitration shall contain the name of the appointee to the Arbitration Board of the party making the submission. The recipient of the notice shall within ten days of receipt of the notice, inform the other party writing of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall and must also be chairman. If the recipient of the notice fails to appoint an appointee, or if the two appointees fail to agree upon a chairman within the time limited, then in either such case the appointment shall be made observed by the Office of Arbitration of the Ministry of Labour upon the request of either party. No person may be appointed to the Arbitration Board who has participated directly in any attempt to settle the grievance. The Arbitration Board shall hear and decide the grievance and shall issue its decision in writing and the decision shall be final and binding upon the parties and any instructor affected Company commencing with Section unless waived by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there no majority, the decision of the chairman governs. Notwithstanding Article the Arbitration Board established as above shall decide the grievance submitted to it, including any question as to whether a matter is arbitrable, but shall have no power to alter, modify, or amend this Agreement, nor make any decision inconsistent therewith. Each party shall pay the cost of its own appointee to the Arbitration Board, and the parties shall share equally the cost of the chairman. The term when used this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in The Education Act, Chapter as amended. Any time limits fixed by this Article for the taking of action by either party or by any instructor may at any time be extended by agreement of the representatives of the parties involvedmutual agreement.

GRIEVANCE PROCEDURE & ARBITRATION. Nothing contained this Article shall prevent an instructor from discussing personal problems or complaints It is the instructor's school principal. The purpose of this procedure to secure, at the lowest possible administrative level, solutions to grievances which may from time to time arise. These procedures will be kept as informal as may be appropriate at any step mutual desire of the procedureparties hereto that complaints of employees shall be adjusted as quickly as possible. A If an employee has a claim by any instructor, group of instructors, or the Union, relating complaint related to the interpretation, application or administration of this Agreement, or is an allegation that this Agreement has been contravened. The term committee" shall mean a committee consisting alleged violation of the President of the Local Union or designate, the Chief Xxxxxxx or the xxxxxxx representing the (or the and an equal of representatives of the Board, appointed from time to time by the Director of Education. An aggrieved instructor shall first submit representations either orally or in writing to the instructor's Collective Agreement s/he may at her/his option discuss it with her/his immediate superior, who is the school principal, either directly or through'the appropriate xxxxxxx. Any such grievance shall be presented supervisor within days the time when it arose to the principal who shall respond within five (5) three days after the formal representation. Two If a decision satisfactory circumstances giving rise to the instructor is not given complaint (grieved action) have occurred or no decision is given at Step One, then such instructor accompanied by a xxxxxxx may within days after the oral decision of Step One, present representations in writing have or ought to have reasonably come to the Superintendent of Education, Personnel or designate. Such representations shall state the nature attention of the grievanceemployee. The Supervisor shall give a response to the complaint within three days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union Xxxxxxx covered under this Collective Agreement. Grievances must be tiled within fifteen working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported her/his complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not prejudice the right of the instructor or of the Union to rely on any other provisions of the Agreement. Such official Step Grievance form is completed in duplicate and signed by the employee and Union Xxxxxxx, presented to the Supervisor by the Union Xxxxxxx and employee(s) (at their option). Both copies are to be returned by the Supervisor with her/his signed comments to the Union Xxxxxxx within three working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a Xxxxxxx or Union Official. ati ISftesp sfaction is not obtained in Step the Union Xxxxxxx, within five working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union Xxxxxxx, employee(s) (at their option) and the Human Resources Consultant then render a decision in writing on the prescribed forms within five working days of receiving the grievance from the Union Xxxxxxx. If s ti a sfaction is not obtained in Step the Union may within ten working days, refer the grievance to the Vice President of Human Resources or designate who shall notify meet with the instructor and the xxxxxxx Vice President of the time Union or designate, employee(s) (at their option) and place at which they will meet a Human Resources Consultant to discuss review the grievance and consider the written representations. Such meeting shall be held within days from the date upon which such official received the written representations. Such official shall give render a decision in writing within days after such meetingten working days. T If a decision satisfactory The Union or Employer shall have the right to such instructor not given or no decision is given initiate at Step Two, then such instructor accompanied by a xxxxxxx may within days after the decision grievances arising out of the Superintendent interpretation, administration or alleged violation of Education, Personnel or designate has been given or should have been given, submit the written representations made at Stage Two to the Deputy Director any provision of Education, Human Resources. The Deputy Director of Education, Human Resources, or designate shall notify the instructor and the Local Union of the time and place at this Agreement which the Grievance Committee will meet to discuss and consider such representations and the decision at Step Two. Such meeting shall be held within days from the date upon which such official representations were received. At the request of either party, is a national representative of the Union may be present. The decision of such Grievance Committee will be given to the Local Union in writing within days after such meeting. Any grievance arising directly between the Board and policy matter that affects the Union or Employer in any way. Should the Union or Employer fail to receive a decision within the time limit set out in the grievance involving more than one instructor instead procedure, the grievance shall automatically proceed to the next step. The Union shall provide the Employer’s Human Resources Department with a letter confirming resolution of following the procedure hereinbefore set out, grievance within ten working days. The time limits fixed in Grievance Adjustment may be submitted in writing within a reasonable period extended by either consent of the parties hereto to the otherof this Agreement. The parties agree to meet without delay in an attempt to settle the Time absent from work for grievance through the Grievance Committee. In the event that the parties are unable to settle such grievance within twenty days after submission of same, then the party to whom the grievance was delivered shall reply in writing to such grievance within a further five days. In the event that any grievance shall not have been satisfactorily settled pursuant to the foregoing provisions, the matter may then, by notice in writing be given to the other party within ten days after the time limited for exhaustion of the applicable procedures contained in the foregoing provisions, be referred either representation is paid by the Union or the Board to arbitration. The notice submitting to arbitration shall contain the name of the appointee to the Arbitration Board of the party making the submission. The recipient of the notice shall within ten days of receipt of the notice, inform the other party writing of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a third person who shall be chairman. If the recipient of the notice fails to appoint an appointee, or if the two appointees fail to agree upon a chairman within the time limited, then in either such case the appointment shall be made by the Office of Arbitration of the Ministry of Labour upon the request of either party. No person may be appointed to the Arbitration Board who has participated directly in any attempt to settle the grievance. The Arbitration Board shall hear and decide the grievance and shall issue its decision in writing and the decision shall be final and binding upon the parties and any instructor affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there no majority, the decision of the chairman governs. Notwithstanding Article the Arbitration Board established as above shall decide the grievance submitted to it, including any question as to whether a matter is arbitrable, but shall have no power to alter, modify, or amend this Agreement, nor make any decision inconsistent therewith. Each party shall pay the cost of its own appointee to the Arbitration Board, and the parties shall share equally the cost of the chairman. The term when used this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in The Education Act, Chapter as amended. Any time limits fixed by this Article for the taking of action by either party or by any instructor may at any time be extended by agreement of the representatives of the parties involvedEmployer.