INFORMAL HANDLING Clause Samples
The INFORMAL HANDLING clause establishes a process for resolving disputes or issues between parties through informal discussions before resorting to formal legal action. Typically, this clause requires the parties to communicate and attempt to settle disagreements amicably, often within a specified timeframe, before initiating arbitration or litigation. By encouraging direct negotiation, the clause aims to resolve conflicts efficiently, reduce legal costs, and preserve business relationships by preventing unnecessary escalation.
INFORMAL HANDLING. (a) The service record of the individual warranting, for the first offence of a minor nature the case may be handled in the following manner.
(b) In the place of the formal investigation as provided for in the Collective Agreement an informal interview will be held to review the incident involved at which interview the employee may have an accredited representative of the union present.
(c) A record of the incident will be placed on the employee’s file and a copy of same given to the employee.
(d) This record on file does not constitute discipline but does establish that the incident took place. The fact that the incident occurred may be used by the Company in assessing the appropriate amount of discipline should repeat offenses take place within a one-year period.
(e) The existence of this record on an employee’s file will not be used at arbitration by either party if repeat offenses do not take place within one year.
INFORMAL HANDLING a) The service record of the employee warranting, for the first offence of a minor nature the case may be handled in the following manner:
1) In the place of the formal investigation as provided for in the Collective Agreement an informal interview will be held to review the incident involved at which interview the employee may have an accredited representative of the Union present.
2) A record of the incident will be placed on the employee's file and a copy of same given to the employee.
3) This record on file does not constitute discipline but does establish that the incident took place. The fact that the incident occurred may be used by the Company in assessing the appropriate amount of discipline should repeat offenses take place within a 1-year period.
4) The existence of this record on an employee's file will not be used at arbitration by either party if repeat offenses do not take place within 1 year.
INFORMAL HANDLING. 35.01 The service record of the individual warranting, for the first offence of a minor nature the case may be handled in the following manner:
35.02 In the place of the formal investigation as provided for in the Collective Agreement, an informal interview will be held to review the incident involved, at the interview the employee may have an accredited representative of the Union present. The process will be managed as follows:
1) Informal handling should be managed as soon as possible after any alleged incident.
2) Employee will be advised (in writing if requested) as to date, time, location and what the alleged incident refers to which requires the informal meeting to take place (meeting may also be handled over the phone if in agreement).
3) Employee will also be advised at the same time they are entitled to Union representation if so requested.
4) At meeting the Company will provide a verbal account of the alleged incident. Employee will be given the opportunity to provide any information, details in regard to the incident.
5) After both parties have had the opportunity to discuss their positions the Company Officer will advise the employee whether a letter will be put on file that the incident has been discussed or will advise that they have accepted the employees reasoning and therefore no letter will be put on the employee’s file.
35.03 A record of the incident will be placed on the employee’s file and a copy of same given to the employee when culpability has been found.
35.04 This record on file does not constitute discipline but does establish that the incident took place. The fact that the incident occurred may be used by the Company in assessing the appropriate amount of discipline should repeat offences take place within a one (1) year period.
35.05 The existence of this record on an employee’s file will not be used at arbitration by either party if repeat offences do not take place within one year.