LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as any difference between the parties concerning the interpretation, application, administration or alleged violation of this collective agreement. 16.2 It is agreed that the maintenance of harmonious relations between the parties requires the prompt filing and disposition of grievances. 16.3 It is agreed that in processing a grievance a teacher may have the assistance of the Executive Director of the Local Association. 16.4 Grievances shall be dealt with in successive steps as follows: 16.4.1 Step 1: A grievance must be presented within twenty (20) teaching days of its occurrence or from the date on which the teacher ought to reasonably have become aware of its occurrence. The grievance shall be in writing and outline the nature and circumstances of its occurrence and the section or sections of the collective agreement alleged to have been violated as well as the remedy sought. 16.4.2 It shall be presented to the Assistant Superintendent of Human Resource Services, or designate, either directly by the grievor or through the Executive Director of the Local Association. 16.4.3 In any event, the Executive Director of the Local Association and the appropriate Superintendent or Director will be advised by the Assistant Superintendent of Human Resource Services, or designate, of the grievance. 16.4.4 The Assistant Superintendent of Human Resource Services, or designate, shall: 16.4.4.1 convene a meeting of those involved with the grievance; 16.4.4.2 communicate the decision of the administration, in writing, within 10 teaching days. 16.4.5 Step 2: If the grievance is not settled at Step 1, the Division or The Association, may, within the 30 calendar days following receipt of the written decision of administration at the conclusion of Step 1, refer the grievance to a Board of Arbitration, and in such case, notify the other party of its intent to proceed to arbitration. The arbitrators shall be appointed and the proceedings carried on as described in the Labour Relations Code, as amended from time to time. If the grievance is not taken to arbitration as herein provided within the 30 calendar day period, the grievance shall be deemed to have been settled at the conclusion of Step 1. 16.5 It is understood that should a satisfactory disposition of the grievance not be reached at any step of the grievance procedure within the allotted times, the Division, the teachers or the Local Association may proceed to the next step. If the grieving teacher or the Local Association permits the times to lapse, the grievance shall be deemed to be at an end. These time limits are mandatory unless extended by mutual agreement.
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as any Any difference between any Employee covered by this agreement and the parties School Division, or in a proper case between the Association and the School Division, concerning the interpretation, application, administration operation or alleged violation of this collective agreement, and including any dispute as to whether the difference is arbitrable, shall be dealt with as herein provided, without stoppage of work or refusal to perform work.
16.2 It is agreed that A difference (hereinafter called "grievance") between an Employee covered by this Agreement and the maintenance of harmonious relations between School Division who shall first be submitted in writing to the parties requires the prompt filing and disposition of grievances.
16.3 It is agreed that in processing a grievance a teacher may have the assistance Secretary-Treasurer of the Executive Director School Division who shall forward it to the President of the Local Association.
16.4 Grievances , who shall forward it to the Coordinator of Teacher Welfare of the Association. Such written submission shall be dealt with in successive steps as follows:
16.4.1 Step 1: A grievance must be presented made within twenty fifteen (2015) teaching days from the date of its occurrence the incident giving rise to the grievance or from the date on which the teacher ought to reasonably have become aware griever first had knowledge of its occurrencethe incident, whichever is later. The Such grievance shall be in writing and outline set out the nature and circumstances of its occurrence and the section or sections of the collective grievance, the articles of this agreement which it is alleged to have been violated as well as violated, and the remedy sought.
16.4.2 It shall be presented to 16.3 In the Assistant Superintendent case of Human Resource Services, or designate, either directly by a difference between the grievor or through the Executive Director of the Local Association.
16.4.3 In any event, the Executive Director of the Local Association and the appropriate Superintendent or Director will be advised by School Division, either party may institute a grievance by, in the Assistant case of the Association, forwarding written particulars of the grievance to the Secretary-Treasurer with a copy to the Superintendent of Human Resource ServicesSchools of the School Division and in the case of the School Division, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Association within fifteen (15) days of the date of the incident giving rise to the grievance or designate, the date the grievor reasonably became aware of the incident giving rise to the grievance.
16.4.4 The Assistant Superintendent of Human Resource Services, or designate, shall:
16.4.4.1 convene a meeting of those involved with 16.4 In the grievance;
16.4.4.2 communicate the decision of the administration, in writing, within 10 teaching days.
16.4.5 Step 2: If event the grievance is not settled at Step 1within fifteen (15) teaching days after the date of submission of the grievance in accordance with the above procedure, then on or before a further ten (10) teaching days have elapsed from the Division or The Associationexpiration of the aforesaid fifteen (15) teaching day time period, either party may, by written notice served on the other party, require the establishment of an Arbitration Board as hereinafter provided.
16.5 Each party shall appoint one (1) member as its representative on the Arbitration Board within the 30 calendar seven (7) teaching days following receipt of the written decision of administration at the conclusion of Step 1, refer the grievance to a Board of Arbitration, such notice and in such case, notify shall so inform the other party of its intent to proceed to arbitrationappointee. The arbitrators two (2) members so appointed shall, within five (5) teaching days of the appointment of the second of them, appoint a third person who shall be appointed the chairperson. In the event of any failure to appoint a chairperson either party may request the Director of Mediation Services to make the necessary appointment.
16.6 The Arbitration Board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard.
16.7 The Arbitration Board shall not change, amend, or alter any of the proceedings carried terms of this agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on as described in or involve an issue or contention by either party that is contrary to any provisions of this agreement or that involves the Labour Relations Codedetermination of a subject matter not covered by, as amended from time to timeor arising during the term of this agreement.
16.8 The findings and decision of a majority is the award of the Arbitration Board and is final and binding upon the parties and upon any Employee affected by it. If the grievance there is not taken to arbitration as herein provided within the 30 calendar day perioda majority, the grievance decision of the chairperson governs and it shall be deemed to have been settled at be the conclusion award of Step 1the Arbitration Board.
16.5 It is understood that should a satisfactory disposition 16.9 The Arbitration Board shall give its decision not later than fourteen (14) teaching days after the appointment of the chairperson provided, however, that this time period may be extended by written consent of the parties. Each party to the grievance not be reached shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expense of the chairperson.
16.10 In the event, at any step stage, of the grievance aforesaid procedure (except in respect of appointing persons to the Arbitration Board) the grieving party fails to take the necessary action within the allotted times, the Division, the teachers or the Local Association may proceed to the next step. If the grieving teacher or the Local Association permits the times to lapsetime limit specified, the grievance shall be deemed to be at an end. These .
16.11 Any of the aforesaid time limits are mandatory unless may be extended by mutual agreementat any stage upon written consent of the parties.
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as any Any difference between any employee covered by this Collective Agreement and the parties Employer or in a proper case between the Association and the Employer concerning the interpretation, application, administration operation or alleged violation of this collective agreement.
16.2 It Collective Agreement and further including any dispute as to whether the difference is agreed that the maintenance of harmonious relations between the parties requires the prompt filing and disposition of grievances.
16.3 It is agreed that in processing a grievance a teacher may have the assistance of the Executive Director of the Local Association.
16.4 Grievances arbitrable, shall be dealt with in successive steps as follows:, without stoppage of work or refusal to perform work.
16.4.1 16.1.1 Where any references in clauses 16.1 to 16.6 inclusive are to a period of days, such period shall be exclusive of Saturdays, Sundays, statutory and Employer declared holidays.
16.1.2 Step 1: A "A" - Such difference (hereinafter called "a grievance") shall be promptly submitted in writing to the secretary of the Employer and to the chair of the Teacher Welfare Committee of the Association as the case may be. Such written submission shall be made within 30 days from the date of the incident giving rise to the grievance must be presented within twenty (20) teaching days of its occurrence or from the date on which the teacher ought to reasonably have become aware griever first had knowledge of its occurrencethe incident, whichever is later. The Such grievance shall be in writing and outline set out the nature and circumstances of its occurrence and the section or sections of the collective agreement grievance, the Articles of this Collective Agreement which it is alleged to have been violated as well as and the remedy sought.
16.4.2 . It shall be presented to the Assistant Superintendent of Human Resource Services, or designate, either directly by the grievor or through the Executive Director responsibility of the Local Association.
16.4.3 In any event, the Executive Director respondent of the Local Association and grievance to arrange a meeting with the appropriate Superintendent griever or Director will be advised by the Assistant Superintendent their representative within 10 days of Human Resource Services, or designate, receiving notice of the grievance.
16.4.4 The Assistant Superintendent of Human Resource Services, or designate, shall:
16.4.4.1 convene a meeting of those involved with 16.1.3 Step "B" - In the grievance;
16.4.4.2 communicate the decision of the administration, in writing, within 10 teaching days.
16.4.5 Step 2: If event the grievance is not settled at Step 1, within 15 days after the Division or The Association, may, within the 30 calendar days following receipt date of submission of the written decision grievance in accordance with Step "A", then on or before a further five days have elapsed from the expiration of administration at the conclusion of Step 1, refer the grievance to a Board of Arbitration, and in such case, notify the other party of its intent to proceed to arbitration. The arbitrators shall be appointed and the proceedings carried on as described in the Labour Relations Code, as amended from aforesaid 15 day time to time. If the grievance is not taken to arbitration as herein provided within the 30 calendar day period, the grievance shall be deemed to have been settled referred in writing by the griever specifically and at the conclusion same time to the following: the chairman of the teacher's grievance committee, the chairman of the Employer grievance committee and the secretary- treasurer of the Employer.
16.1.4 Such grievance committee shall be composed of two representatives of the Employer and two representatives of the Association. The chairman of the responding party shall contact the chairman of the grieving party to set an appropriate date, place and time to meet in order to attempt to resolve the dispute. The grievance committee shall render its decision in respect of the grievance within 21 days following the receipt of the submission. If the grievance committee reaches a unanimous decision as to the disposition of the grievance, that decision shall be final and binding.
16.1.5 Step 1"C" - In the event the grievance committee does not meet within 21 days following the receipt of the submission or in the event the said committee does not reach a unanimous decision within the said time, then either Party may by written notice require the establishment of an Arbitration Board as hereinafter provided. Such notice must be given within 10 days after the aforesaid 21- day time limit expires or if the grievance committee fails to render a unanimous decision.
16.2 Each Party shall appoint one member as its representative on the Arbitration Board within seven days of such notice and the two members shall endeavor to select an independent chairman.
16.3 If the two members fail to select a chairman within five days after the day on which the latter of the two members is appointed, they shall request the Director of Mediation Services to select a chairman.
16.4 The Arbitration Board shall determine its own procedure but shall give full opportunity to all Parties to present evidence and to be heard.
16.5 It is understood that should a satisfactory disposition The Arbitration Board shall not change, modify or alter any of the terms of this Collective Agreement.
16.6 The Arbitration Board shall give its decision not later than 14 days after the appointment of the chairman except with the consent of the Employer and the Association, by whose joint consent only shall such limitations of time be extended. The findings and decisions of a majority of an Arbitration Board shall be the findings and decisions of the Arbitration Board and shall be binding on the Parties.
16.7 Each Party to a grievance not be reached at any step shall bear the expenses of its respective nominee and the two Parties shall bear equally the expenses of the chairman.
16.8 The purpose of the grievance procedure within is to ensure that all grievances are processed properly and expeditiously. Therefore, strict adherence to the allotted timesprovisions of the grievance procedure is mandatory. If the respondent fails to comply with the provisions of the grievance procedure, the Division, the teachers or the Local Association grievance may proceed be processed to the next step. If the grieving teacher or griever fails to comply with the Local Association permits provisions of the times to lapsegrievance procedure, the grievance shall be deemed to considered abandoned. Time limits may only be at an end. These time limits are mandatory unless extended by mutual agreementthe written agreement of both Parties.
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as any Any difference between an employee covered by this Agreement and the parties School Jurisdiction, or in a proper case between the Association and the School Jurisdiction, concerning the interpretation, application, administration operation, or alleged violation of a local matter within this collective agreement.
16.2 It Agreement, and including any dispute as to whether the difference is agreed that the maintenance of harmonious relations between the parties requires the prompt filing and disposition of grievances.
16.3 It is agreed that in processing a grievance a teacher may have the assistance of the Executive Director of the Local Association.
16.4 Grievances arbitrable, shall be dealt with in successive steps as follows:
16.4.1 Step 1: A grievance must 16.2 In the case of a difference between an employee and the School Jurisdiction, such difference (hereinafter called a "grievance") shall first be presented submitted in writing to the Secretary-Treasurer of the School Jurisdiction and to the Secretary of the Local of the Association. and the coordinator of Teacher Welfare of the Association. Such written submission shall be made within twenty sixty (2060) teaching days of its occurrence or from the date on which of the teacher ought incident giving rise to the grievance or the date the griever reasonably have become became aware of its occurrencethe incident giving rise to the grievance. The Such grievance shall be in writing and outline set out the nature and circumstances of its occurrence and the section or sections of the collective agreement grievance, the articles of this Agreement which it is alleged to have been violated as well as and the remedy sought. The respondent shall render their decision within thirty (30) days.
16.4.2 It shall be presented to 16.3 In the Assistant Superintendent case of Human Resource Services, or designate, either directly by a difference between the grievor or through the Executive Director of the Local Association.
16.4.3 In any event, the Executive Director of the Local Association and the appropriate Superintendent or Director will be advised by School Jurisdiction, either party may institute a grievance by, in the Assistant case of the Association, forwarding written particulars of the grievance to the Superintendent of Human Resource ServicesSchools of the School Jurisdiction and in the case of the School Jurisdiction, by forwarding particulars of the grievance to the Coordinator of Teacher Welfare of the Association within sixty (60) days of the date of the incident giving rise to the grievance or designate, the date the grievor reasonably became aware of the incident giving rise to the grievance.
16.4.4 The Assistant Superintendent of Human Resource Services, or designate, shall:
16.4.4.1 convene a meeting of those involved with 16.4 In the grievance;
16.4.4.2 communicate the decision of the administration, in writing, within 10 teaching days.
16.4.5 Step 2: If event the grievance is not settled at Step 1, within thirty (30) days after the Division or The Association, may, within the 30 calendar days following receipt date of submission of the grievance in accordance with the above procedure, on or before a further ten (10) days have elapsed from the expiration of the aforesaid thirty (30) day time period, either party may by written decision notice served on the other party require establishment of administration at an Arbitration Board as hereinafter provided.
16.5 Each party shall appoint one (1) member as its representative on the conclusion Arbitration Board within seven (7) days of Step 1, refer the grievance to a Board of Arbitration, such notice and in such case, notify shall so inform the other party of its intent to proceed to arbitrationappointee. The arbitrators two (2) members so appointed shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be appointed the Chairman. In the event of any failure to appoint a Chairman either party may request the Director of Mediation Services to make the necessary appointment.
16.6 The Arbitration Board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and to be heard.
16.7 The Arbitration Board shall not change, amend or alter any of the proceedings carried terms of this Agreement. All grievances or differences submitted shall present an arbitrable issue under this Agreement, and shall not depend on as described in or involve an issue or contention by either party that is contrary to any provisions of this Agreement or that involves the Labour Relations Code, as amended from time to timedetermination of a subject matter not covered by or arising during the term of this Agreement.
16.8 The findings and decision of a majority is the award of the Arbitration Board and is final and binding upon the parties and upon any employee affected by it. If the grievance there is not taken to arbitration as herein provided within the 30 calendar day perioda majority, the grievance decision of the Chairman governs and it shall be deemed to have been settled at be the conclusion award of Step 1the Board.
16.5 It is understood that should a satisfactory disposition 16.9 Each party to the grievance shall bear the expense of its respective appointee and the two (2) parties shall bear equally the expense of the grievance not be reached at any step Chairman.
16.10 By mutual consent of the School Jurisdiction and the Association may elect to proceed to arbitration by way of a sole arbitrator or without nominees.
16.11 All of the aforesaid time limits referred to in the grievance procedure shall apply to operational school days only.
16.12 In the event, at any stage, of the aforesaid procedure (except in respect of appointing persons to the Board) the grieving party fails to take the necessary action within the allotted times, the Division, the teachers or the Local Association may proceed to the next step. If the grieving teacher or the Local Association permits the times to lapsetime limit specified, the grievance shall be deemed to be at an end. These If the party against whom the grievance has been filed fails to take the necessary action within the time limit specified, the grievance shall automatically advance to the next step
16.13 Any of the aforesaid time limits are mandatory unless may be extended by mutual agreementat any stage upon the written consent of the parties.
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as any Any difference between any teacher covered by this agreement and the parties Board or in the proper case, between the Association and the Board, concerning the interpretation, application, administration application or alleged violation of this the collective agreement.
16.2 It agreement and further including any dispute as to whether the difference is agreed that the maintenance of harmonious relations between the parties requires the prompt filing and disposition of grievances.
16.3 It is agreed that in processing a grievance a teacher may have the assistance of the Executive Director of the Local Association.
16.4 Grievances arbitrable, shall be dealt with in successive steps as follows:, without stoppage of work or refusal to perform work. Time limits referred to in the grievance procedure will be operational days. An ▇▇▇▇▇▇▇ effort shall be made to resolve the grievance fairly and promptly in the following manner: Pre-grievance step: The teacher shall attempt to resolve the issue prior to going to grievance: (This step shall not apply to policy grievances).
16.4.1 Step 1: A grievance must be presented within twenty The teacher will communicate, in writing, items of concern to the Teacher Welfare Committee (20TWC) teaching chair and the Coordinator of Teacher Welfare of the Association. The TWC chair and Chief Deputy Superintendent Human Resources & Administration or designate have 15 days of its occurrence or from the date on which the teacher ought to reasonably have become aware of its occurrenceresolve the-matter. The grievance shall first be submitted in writing and outline to the chair of the TWC within 15 days of the expiry of Step 1, should the matter remain unresolved. The TWC chair shall write a letter to the Chief Deputy Superintendent Human Resources & Administration or designate, initiating the grievance procedure. The TWC chair will define the nature and circumstances of its occurrence and the section or sections of the collective grievance, the articles of this agreement which is alleged to have been violated as well as violated, and the remedy sought.
16.4.2 It shall be presented . Failing a satisfactory settlement within 15 days after the date of submission of the grievance to the Assistant Chief Deputy Superintendent of Human Resource Services, Resources & Administration or designate, either directly the chair of the TWC shall, within five days thereafter, give written notice to the Chief Deputy Superintendent Human Resources & Administration or designate of the Board directing the case be considered by the grievor or through the Executive Director grievance committee. Such grievance committee shall be composed of two representatives of the Local Association.
16.4.3 In any event, the Executive Director Board and two representatives of the Local Association Association. The full committee shall meet and the appropriate Superintendent or Director will be advised by the Assistant Superintendent of Human Resource Services, or designate, of the grievance.
16.4.4 The Assistant Superintendent of Human Resource Services, or designate, shall:
16.4.4.1 convene a meeting of those involved with the grievance;
16.4.4.2 communicate the decision of the administration, in writing, within 10 teaching days.
16.4.5 Step 2: If endeavor to resolve the grievance is not settled at Step 1, the Division or The Association, may, and shall render its decision within the 30 calendar 21 days following receipt of the written decision submission. Unanimous decisions of administration at the conclusion of Step 1, refer the grievance committee shall be final and binding. Failing a satisfactory settlement by the grievance committee within the said time, either party may, by written notice to a Board the Chief Deputy Superintendent Human Resources & Administration or designate and the Chair of Arbitrationthe TWC committee, and in such case, notify the other party serve notice of its intent to proceed to arbitration. Such notice must be given within 10 days after the date the aforesaid 21 day limit expires or the date the grievance committee renders other than a unanimous decision, whichever is shorter. Each party shall appoint one member as its representative on the arbitration board within seven days of such notice and shall so inform the other party of its appointee. The arbitrators two members so appointed shall, within five days of the appointment of the second of them appoint a third person who shall be appointed the chair. In the event of any failure to appoint a chair, either party may request the director of mediation services to make the necessary appointment. The arbitration board shall determine its own procedure but shall give full opportunity to all parties to present evidence and to be heard. The arbitration board shall not change, amend or alter any of the terms of the agreement. All grievances or differences submitted shall present an arbitrable issue under this agreement and shall not depend on or involve an issue or contention by either party that is contrary to any provision of this agreement or that involves the determination of a subject matter not covered by, or arising during the term of this agreement. The decision of the majority shall be the decision of the arbitration board. Where there is no majority decision, the decision of the chair shall be the decision of the arbitration board. The decision of the arbitration board shall be final, binding and enforceable on all parties and may not be changed. Each party to the grievance shall bear the expense of its respective appointee and the proceedings carried two parties shall bear equally the expenses of the chair. Each party shall bear the expense of their respective witnesses. Leave with loss of Teacher on as described Call pay for teachers under this collective agreement will not be unreasonably withheld. In the event, at any stage of the grievance procedure (except in the Labour Relations Code, as amended from time respect of appointing persons to time. If the grievance is not taken board) if either party fails to arbitration as herein provided take the necessary action within the 30 calendar day periodtime limits specified, the grievance shall be deemed to have been settled at the conclusion of Step 1.
16.5 It is understood that should a satisfactory disposition conceded. Any of the grievance not time limits may be reached extended at any step stage upon the written consent of the grievance procedure within the allotted times, the Division, the teachers or the Local Association may proceed to the next step. If the grieving teacher or the Local Association permits the times to lapse, the grievance shall be deemed to be at an end. These time limits are mandatory unless extended by mutual agreementparties.
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as any difference between an employee covered by this Collective Agreement and the parties Employer, or as in the proper case between the Association and the Employer concerning the interpretation, application, administration operation or alleged violation of this collective agreement.
16.2 It Collective Agreement. All grievances, including any dispute as to whether the difference is agreed that the maintenance of harmonious relations between the parties requires the prompt filing and disposition of grievances.
16.3 It is agreed that in processing a grievance a teacher may have the assistance of the Executive Director of the Local Association.
16.4 Grievances arbitrable, shall be dealt with as follows without stoppage of work or refusal to perform work.
16.2 If the respondent fails to comply with the provisions of the grievance procedure, the grievance may be processed to the next step. If the grievor fails to comply with the provisions, the grievance shall be considered abandoned.
16.3 The time limits specified in successive steps as follows:this Article shall not include Saturdays, Sundays and other holidays. Although time is of the essence, the time limits may be extended by the consent of both Parties in writing.
16.4.1 Step 1: A grievance must be presented within twenty (20) teaching days of its occurrence or from the date on which the teacher ought to reasonably have become aware of its occurrence. 16.4 The grievance shall be in writing and outline must include a statement of the following:
a) The name(s) of the aggrieved,
b) The nature and circumstances of its occurrence the grievance and the section circumstances which gave rise to the grievance,
c) The remedy or sections correction the Employer is requested to make, and
d) The section(s) where the Collective Agreement is claimed to be violated.
16.5 An ▇▇▇▇▇▇▇ effort shall be made to settle a grievance in the manner hereinafter described:
STEP 1 The written grievance shall be promptly submitted to the Superintendent of the collective agreement alleged Employer and to have been violated as well the secretary of the Association local as the remedy soughtcase may be, within twenty (20) days from the date of the incident giving rise to the grievance or from the date the grievor first had knowledge of the incident, whichever is later. An Employer grievance may be filed in writing within ten (10) days of the event giving rise to same and shall be submitted to the Association Local TWC Chair. The Superintendent shall meet with the grievor who may appear with or without a representative within ten (10) days of the receipt of the grievance in order to resolve the dispute, and the Superintendent shall render their decision in writing within five (5) days of the aforementioned meeting.
16.4.2 It STEP 2 Failing satisfactory settlement, and within ten (10) days after the Superintendent’s response in Step 1, the written grievance may be submitted to an interpretation committee, which shall be presented to comprised of two (2) members of the Assistant Superintendent Employer, and two (2) members of Human Resource Services, or designate, either directly by the Association. The committee shall meet the grievor or through within ten (10) days following the Executive Director of the Local Association.
16.4.3 In any event, the Executive Director of the Local Association and the appropriate Superintendent or Director will be advised by the Assistant Superintendent of Human Resource Services, or designate, receipt of the grievance, and shall endeavour to resolve the dispute, and shall render its decision within ten (10) days of the meeting. If the interpretation committee reaches a unanimous decision as to the disposition of the grievance, that decision shall be final and binding.
16.4.4 The Assistant Superintendent of Human Resource ServicesSTEP 3 In the event the interpretation committee does not meet within the time prescribed in Step 2, or designatein the event the said committee does not reach a unanimous decision, the grievance may be processed by either of the Parties to Arbitration as hereinafter provided.
16.6 The Party seeking arbitration may, within ten (10) days of the date being advised that the interpretation committee failed to resolve the dispute, or that the committee failed to meet as provided, request the formation of a Board of Arbitration by notifying the other Party in writing by registered mail, of its desire to arbitrate, and at the same time, shall submit the name of the person nominated by them to be their appointee on the Arbitration Board.
16.7 Within five (5) days the Party receiving the above notice shall notify the above appointee and the other Party of its appointee to the Arbitration Board. If the Party receiving the notice fails to make an appointment, the other Party may request the Director of Mediation Services to make the necessary appointment.
16.8 The two (2) appointees so selected shall:, within a period of five (5) days, select a third person to act as Chairman. If the appointees fail to agree on a third person to act as Chairman within five (5) days, the appointment shall be made by the Director of Mediation Services upon the request of either Party.
16.4.4.1 convene 16.9 The Arbitration Board shall determine its own procedures but shall give full opportunity to all parties to present evidence and to be heard.
16.10 The Arbitration Board shall conduct its hearings as soon as possible following the appointment of the Chairman. The written Award of the Arbitration Board shall be given to the parties as soon as possible following completion of the hearing.
16.11 The decision of the Arbitration Board is final and binding upon the parties and upon any employee affected by it. The decision of a meeting majority of those involved with the grievance;
16.4.4.2 communicate Arbitration Board members is the Award of the Arbitration Board, but if there is not a majority, the decision of the administration, in writing, within 10 teaching days.
16.4.5 Step 2: If the grievance is not settled at Step 1, the Division or The Association, may, within the 30 calendar days following receipt of the written decision of administration at the conclusion of Step 1, refer the grievance to a Board of Arbitration, Chairman governs and in such case, notify the other party of its intent to proceed to arbitration. The arbitrators shall be appointed and the proceedings carried on as described in the Labour Relations Code, as amended from time to time. If the grievance is not taken to arbitration as herein provided within the 30 calendar day period, the grievance shall be deemed to have been settled at the conclusion of Step 1.
16.5 It is understood that should a satisfactory disposition of the grievance not be reached at any step of the grievance procedure within the allotted times, the Division, the teachers or the Local Association may proceed to the next step. If the grieving teacher or the Local Association permits the times to lapse, the grievance it shall be deemed to be at an end. These time limits are mandatory unless extended by mutual agreementthe Award of the Arbitration Board.
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as The parties agree to the following dispute resolution process in order to resolve differences arising between any difference teacher covered by this agreement and the Employer, or in a proper case between the parties concerning Association and the Employer as to the interpretation, application, administration operation or contravention, or alleged violation contravention of any local condition of this collective agreementAgreement or as to whether such difference can be the subject of arbitration, the Association shall have the right to present a grievance.
16.2 It is agreed If at any time the parties agree that the maintenance alleged violation is of harmonious relations between a central nature, the parties requires grievance procedure shall be transferred to the prompt filing central grievance procedure and disposition of grievancesthe central grievance procedure timelines shall be adhered to. If the alleged violation is initiated as a central nature and then defined as a local grievance, the central grievance shall be transferred to the local grievance procedure and the local grievance procedure timelines shall be adhered to.
16.3 It is agreed that in processing a The grievance a teacher procedure time limits may have be extended at any stage by mutual agreement by the assistance of the Executive Director of the Local Associationparties.
16.4 Grievances shall be dealt with in successive steps as follows:
16.4.1 Step 1: A grievance must be presented within twenty (20) teaching days of its occurrence or from the date on which the teacher ought to reasonably have become aware of its occurrence. The grievance shall be in writing and outline the nature and circumstances of its occurrence and the section or sections of the collective agreement alleged to have been violated as well as the remedy sought.
16.4.2 It shall be presented to the Assistant Superintendent of Human Resource Services, or designate, either directly by the grievor or through the Executive Director of the Local Association.
16.4.3 In any event, the Executive Director of the Local Association and the appropriate Superintendent or Director will be advised by the Assistant Superintendent of Human Resource Services, or designate, of the grievance.
16.4.4 The Assistant Superintendent of Human Resource Services, or designate, shall:
16.4.4.1 convene a meeting of those involved with the grievance;
16.4.4.2 communicate the decision of the administration, in writing, within 10 teaching days.
16.4.5 Step 2: If the grievance is not settled at Step 1, the Division or The Association, may, within the 30 calendar days following receipt of the written decision of administration at the conclusion of Step 1, refer the grievance to a Board of Arbitration, and in such case, notify the other party of its intent to proceed to arbitration. The arbitrators shall be appointed and the proceedings carried on as described in the Labour Relations Code, as amended from time to time. If the grievance is not taken to arbitration as herein provided within the 30 calendar day period, the grievance shall be deemed to have been settled at the conclusion of Step 1.
16.5 It is understood that should a satisfactory disposition of the grievance not be reached at any step of the grievance procedure within the allotted times, the DivisionEmployer, the teachers teacher, or the Local Association may proceed to the next step. .
16.5 A Teacher shall have the right to be accompanied by and/or represented by an Association Representative at any meeting described in this article.
16.6 If the grieving teacher or the Local Association permits the times griever fails to lapse, meet deadlines the grievance shall be deemed to be at an end. These time limits are mandatory unless extended by mutual agreement.
16.7 Nothing in the grievance procedure precludes the parties from agreeing to informally resolve the matter.
16.8 The local grievance shall be dealt with as follows:
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as The parties agree to the following dispute resolution process in order to resolve differences arising between any difference teacher covered by this agreement and the Division, or in a proper case between the parties concerning Association and the Division as to the interpretation, application, administration operation or contravention, or alleged violation contravention of any local condition of this collective agreementAgreement or as to whether such difference can be the subject of arbitration, the Association shall have the right to present a grievance.
16.2 It is agreed If at any time the parties agree that the maintenance alleged violation is of harmonious relations between a central nature, the parties requires grievance procedure shall be transferred to the prompt filing central grievance procedure and disposition of grievancesthe central grievance procedure timelines shall be adhered to.
16.3 It If the alleged violation is agreed that in processing initiated as a central nature and then defined as a local grievance, the central grievance a teacher may have shall be transferred to the assistance of local grievance procedure and the Executive Director of the Local Associationlocal grievance procedure timelines shall be adhered to.
16.4 Grievances shall be dealt with in successive steps as follows:
16.4.1 Step 1: A grievance must be presented within twenty (20) teaching days of its occurrence or from the date on which the teacher ought to reasonably have become aware of its occurrence. The grievance shall procedure time limits may be in writing and outline the nature and circumstances of its occurrence and the section or sections of the collective extended at any stage by mutual agreement alleged to have been violated as well as the remedy sought.
16.4.2 It shall be presented to the Assistant Superintendent of Human Resource Services, or designate, either directly by the grievor or through the Executive Director of the Local Association.
16.4.3 In any event, the Executive Director of the Local Association and the appropriate Superintendent or Director will be advised by the Assistant Superintendent of Human Resource Services, or designate, of the grievance.
16.4.4 The Assistant Superintendent of Human Resource Services, or designate, shall:
16.4.4.1 convene a meeting of those involved with the grievance;
16.4.4.2 communicate the decision of the administration, in writing, within 10 teaching days.
16.4.5 Step 2: If the grievance is not settled at Step 1, the Division or The Association, may, within the 30 calendar days following receipt of the written decision of administration at the conclusion of Step 1, refer the grievance to a Board of Arbitration, and in such case, notify the other party of its intent to proceed to arbitration. The arbitrators shall be appointed and the proceedings carried on as described in the Labour Relations Code, as amended from time to time. If the grievance is not taken to arbitration as herein provided within the 30 calendar day period, the grievance shall be deemed to have been settled at the conclusion of Step 1parties.
16.5 It is understood that should a satisfactory disposition of the grievance not be reached at any step of the grievance procedure within the allotted times, the Division, the teachers teacher, or the Local Association may proceed to the next step. .
16.6 A Teacher shall have the right to be accompanied by and/or represented by an Association Representative at any meeting describe in this article.
16.7 If the grieving teacher or the Local Association permits the times grievor fails to lapse, meet deadlines the grievance shall be deemed to be at an end. These time limits are mandatory unless extended by mutual agreement.
16.8 Nothing in the grievance procedure precludes the parties from agreeing to informally resolve the matter.
16.9 The local grievance shall be dealt with as follows:
Step 1 Discussion (Informal)
Appears in 1 contract
Sources: Collective Agreement
LOCAL GRIEVANCE PROCEDURE. 16.1 A grievance is defined as The parties agree to the following dispute resolution process in order to resolve differences arising between any difference teacher covered by this agreement and the Employer, or in a proper case between the parties concerning Association and the Employer as to the interpretation, application, administration operation or contravention, or alleged violation contravention of any local condition of this collective agreementAgreement or as to whether such difference can be the subject of arbitration, the Association shall have the right to present a grievance.
16.2 It is agreed If at any time the parties agree that the maintenance alleged violation is of harmonious relations between a central nature, the parties requires grievance procedure shall be transferred to the prompt filing central grievance procedure and disposition of grievancesthe central grievance procedure timelines shall be adhered to.
16.3 It If the alleged violation is agreed that in processing initiated as a central nature and then defined as a local grievance, the central grievance a teacher may have shall be transferred to the assistance of local grievance procedure and the Executive Director of the Local Associationlocal grievance procedure timelines shall be adhered to.
16.4 Grievances shall be dealt with in successive steps as follows:
16.4.1 Step 1: A grievance must be presented within twenty (20) teaching days of its occurrence or from the date on which the teacher ought to reasonably have become aware of its occurrence. The grievance shall procedure time limits may be in writing and outline the nature and circumstances of its occurrence and the section or sections of the collective extended at any stage by mutual agreement alleged to have been violated as well as the remedy sought.
16.4.2 It shall be presented to the Assistant Superintendent of Human Resource Services, or designate, either directly by the grievor or through the Executive Director of the Local Association.
16.4.3 In any event, the Executive Director of the Local Association and the appropriate Superintendent or Director will be advised by the Assistant Superintendent of Human Resource Services, or designate, of the grievance.
16.4.4 The Assistant Superintendent of Human Resource Services, or designate, shall:
16.4.4.1 convene a meeting of those involved with the grievance;
16.4.4.2 communicate the decision of the administration, in writing, within 10 teaching days.
16.4.5 Step 2: If the grievance is not settled at Step 1, the Division or The Association, may, within the 30 calendar days following receipt of the written decision of administration at the conclusion of Step 1, refer the grievance to a Board of Arbitration, and in such case, notify the other party of its intent to proceed to arbitration. The arbitrators shall be appointed and the proceedings carried on as described in the Labour Relations Code, as amended from time to time. If the grievance is not taken to arbitration as herein provided within the 30 calendar day period, the grievance shall be deemed to have been settled at the conclusion of Step 1parties.
16.5 It is understood that should a satisfactory disposition of the grievance not be reached at any step of the grievance procedure within the allotted times, the DivisionEmployer, the teachers teacher, or the Local Association may proceed to the next step. .
16.6 A Teacher shall have the right to be accompanied by and/or represented by an Association Representative at any meeting described in this article.
16.7 If the grieving teacher or the Local Association permits the times grievor fails to lapse, meet deadlines the grievance shall be deemed to be at an end. These abandoned.
16.8 Should the Employer fail to comply with any time limits are mandatory in the Grievance Procedure, the grievance shall automatically move to the next step on the day following the expiry of the particular time limit, unless extended by mutual agreementthe parties have mutually agreed, in writing to extend the time limits.
16.9 Nothing in the grievance procedure precludes the parties from agreeing to informally resolve the matter.
16.10 The local grievance shall be dealt with as follows:
Step 1 Discussion (Informal)
Step 2 Written Presentation (Formal)
Appears in 1 contract
Sources: Collective Agreement