Common use of Step No Clause in Contracts

Step No. fifteen (15) days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.

Appears in 1 contract

Samples: Collective Agreement

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Step No. fifteen (15) If the supervisor does not settle the matter to the satisfaction of the employee within five working days thereafterafter the grievance has been submitted to him under the provisions of Step No. hereof, the employee and Xxxxxxx may take up the matter directlywith the Superintendent. STEP NO. If a settlement satisfactory to the employee is not obtained within five working days after the matter has been discussed with the Superintendent in accordance with Step No. the Xxxxxxx shall submit the grievance in writing to the Union Grievance Committee with a copy to the Company. The Union Grievance Committee will then meet to discuss grievance with the Company no later than ten calendar days following the date of the Company response to the Step No. meeting. A staff representative of the Union shall be present at the request of either the Company or the Union. All decisions arrived at by agreement between the representative, or representatives of the Company, and the Union Grievance Committee with respect to grievances, shall be made in writing, and shall be and binding upon the Company and the Union. It is understood that no grievance be considered where the circumstances giving rise to it occurred or originated more than five calendar days before the filing of the grievance. The discharge of an employee may be submitted as a grievance under Step No. provided it is filed within five calendar days of the date of discharge. When either party to the Agreement requests that a grievance be submitted for Arbitration, they shall make such request in writing within twenty calendar days following the date of the Company’s answer to the 3rd step of the grievance procedure, addressed to the other party to the Agreement. The arbitration procedure incorporated in the Agreement shall also nominate be based on the use of a single Arbitrator. When either party refers a grievance to arbitration, they shall propose three acceptable Arbitrators. If none of the three (3) proposed Arbitrators are acceptable to the other party, they shall propose three Arbitrators. If an acceptable Arbitrator is not agreed upon within five calendar days, the parties may submit more proposed Arbitrators or request the Ministry of Labour to appoint an Arbitrator. The decision of the Arbitrator on the matter at issue will be final and binding on both parties, but in no event the Arbitrator have the power to add to, subtract from, alter or amend this Agreement in any respect. However, where an Arbitrator determines that an employee has been discharged or otherwise disciplined by an employer for cause and the two nominees Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty for the discharge or discipline as to the Arbitrator seems just and reasonable on all circumstances. Each shall attempt to agree upon a third memberpay its own costs and the fees and expenses of witnesses called by it and its representatives, The third member shall act as Chairman fees and expenses of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter Arbitrator shall be referred to shared equally between the appropriate Government Agencyparties. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps At any stage of the grievance Procedureprocedure including arbitration, except in the case conferring parties may have the assistance of where the Grievance Procedure will commence at Step Noemployees concerned and any necessary witnesses and employees attendance and discipline records, if authorized by the employee. and such grievance All reasonable arrangements will be submitted directly made to permit conferring or the Arbitrator, to have access to the Human Resources Departmentplant to view the disputed operation and confer with necessary witnesses. The Union Business Representative and An employee who has been continuously employed for less than five years shall receive vacation pay according to the Employment Standards Act (Ontario). An employee who has been continuously employed by the Company Regional manager may for five years or more will receive three weeks vacation with pay at the rate of six percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked three weeks pay at the employees regular straight time hourly rate, whichever is greater. An employee who has been continuously employed by mutual agreement have the Company for twelve years or more shall receive four (4) weeks vacation with pay at the rate of eight percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a Step Meeting to discuss minimum of twelve hundred (1,200) hours worked four weeks pay at the termination during employees regular straight time hourly rate, whichever is greater. If an employee terminates his employment with the ten (10) day periodCompany, he shall be paid the amount of his accrued vacation pay. Any agreement reached It is understood and mutually agreed between the Company and the Union to resolve a grievance that the vacation period shall be binding between July 1st and September 1st of each year, but no more than two employees to be away from each operation at any one time. In the event of a dispute over bidding for vacations, seniority shall prevail. An employee who has been continuously employed by the Company for twenty-two (22) years or more shall receive five (5) weeks vacation with pay at the rate of ten percent of their earnings for the period between July 1st of the calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked weeks pay at the employees regular straight time hourly rate, whichever is greater. At all times, the Company reserves the right to limit vacations to two consecutive weeks and no more than two employees to be away from each operation at any one time. Any vacation longer than two weeks, requires a minimum of sixty days notice. ARTICLE UNION It is agreed by the parties that as a condition of employment, after thirty calendar days, all employees of the Company shall be required to authorize the Company, in writing, to deduct the employee’s weekly pay, Union dues and initiation fee as prescribed by the constitution of the Union. Union dues shall be deducted from the employees on both parties the first pay day of the month thirty (30) calendar days of employment. The Company shall deduct Union dues from the said employees, and upon promptly remit same to the Union together with a list ‘of employees whose dues are being so deducted, with a copy to the President. The employee may authorize the Company to deduct from his pay, contributions toward the Steel Workers Humanity Fund. The Company agrees to match any employee involvedcontribution up to a maximum of twenty-one (21) dollars per year. The Board of Arbitration shall receive Company will be informed as to where their contribution will be going and consider such material evidence have the right to veto any charity they do not approve. The employee may cancel his contributions upon submitting a written request at which the Company’scontribution for that employee is also cancelled. The Union agrees to defend, indemnify and contentions as hold the parties may offer. Also, the Arbitration Board may request Company harmless against any claim or liability from the parties such other evidence as is relevant to its determination administration of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions Article of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen Within three (15) 3)working days thereafterafter the decision is given under Step the written grievance shall be submitted by the Xxxxxxx to the Store's District Manager, or his appointee. The grievance shall be signed by the employee and shall set out the nature of the grievance, the other party shall also nominate an Arbitratorallegedly violated and the remedy sought. A discussion will be held between the District Manager, or his appointee, and the two nominees Business Representativeof the Union. The District Manager, or his appointee, shall attempt deliver his decision in writing within five (5) working days following the date of such discussion; failing settlement STEP NO. Within five (5) working days after the decision is given within Step No. the grievance may be submitted in writing to agree upon the Manager, Industrial Relations, or his appointee. If requested, a third membermeeting may be held within a further period of five (5) working days between the Manager, The third member shall act as Chairman Industrial Relations, or his appointee, and representatives of the BoardUnion. If It is also understood that the parties may have such counsel and assistance as they may desire at any meeting. The Manager, Industrial Relations, or his appointee's decision shall be delivered in writing within five (5) working days following the date of such meeting. The time limits as prescribed above may be modified by mutual agreement cannot be reached in respect to the appointment writing of the Chairman parties. Failing settlement under the foregoing procedure of any grievance between the Board parties arising from the interpretation, application or alleged violation of Arbitrationthis Agreement, the matter shall be referred including any question as to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing whether a grievance does not process it from one Step to the next within the time limits set out aboveis arbitrable, then the such grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of arbitration as hereinafter provided and if no written request for arbitration is received within twenty (20)working days after the grievance Procedure, except in the case of where the Grievance Procedure will commence at decision under Step No. and such is given, it shall be deemed to have been abandoned. A grievance will be submitted arising directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union involving the Interpretation, application or alleged violation of this Agreement shall be submitted in writing. The parties agree that such a grievance shall not be submitted solely to resolve circumvent the normal Grievance Procedure provided in In the case of the Union, such a grievance shall be binding on both parties submitted in writing, commencing at Step No. of the Grievance Procedure, within ten (10) working days after the circumstances giving rise the grievance originate or occur. In the case of the Company, such a grievance shall first be presented in writing to the Union and upon a meeting will be held within five (5) working days thereafter between representatives of the patties. Failing settlement, then within five (5) working days thereafter, the grievance may be referred to arbitration, as hereinafter provided. Should any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as grievance not be submitted within the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions time limits specified in this Article, it shall be considered to have been settled on the basis of the reply to the grievance. When an If no written decision has been given to the employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation within the time limits specified above the employee shall be entitled to submit the grievance to the next stage including arbitration. Sundays, holidays or other days on file, which the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request Company's stores are closed for regular business will not be denied.counted in determining the time within which any action is to be taken or completed under the Grievance or Arbitration Procedures. No employee shall be discharged without just cause, except that the discharge of an employee during his probationary period shall not be the subject of a grievance, it being understood that the Company shall have the right to discharge a probationaryemployee with or without just cause. A claim by an employee who has completed his probationary period that he has been disciplined, suspended or discharged without just cause shall be treated as a grievance if a written statement of such grievance Is lodged with the Store Manager within four (4) working days after the employee is disciplined, suspended or discharged and the first step of the Grievance Procedurewill be omitted in any such case. Such discipline, suspension or discharge grievance may be dealt with under the Grievance Procedure by:

Appears in 1 contract

Samples: Collective Agreement

Step No. Within five (5) working days after the decision is given at Step No. the aggrieved employee, accompanied by the representative of the Union, shall meet as promptly as possible with the Chief Executive Officer and such persons as Management may desire, to consider the grievance. The Chief Executive Officer will render his decision in writing within ten working days following such meeting. If final settlement of the grievance is not reached at Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, then the grievance may be referred in writing by either party to Arbitration as provided in Article below at any time within fifteen (15) calendar days thereafter, after the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman of the Boarddecision is given under Step No. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next no such written request for Arbitration is received within the time limits set out abovelimits, then the grievance will it shall be considered deemed to have been dropped abandoned. A Union policy grievance, which is defined as an alleged violation of this Agreement concerning all or a substantial number of the employees in the bargaining unit, in regard to which an individual employee could not grieve, may be lodged by the party instituting Union in writing with the grievancePresident and CEO at Step No. If of the responding party does grievance procedure at any time within five (5) full working days after the circumstances giving rise to such grievance occurred or originated, and if it is not respond within satisfactorily settled it may be processed to Step No. and to arbitration in the same manner and to the same extent as the grievance of an employee. The time limits fixed in the grievance procedure may be extended with the consent of the Grievance Procedure, then the grieving party may parties of this Agreement. Union or stewards will be allowed to process the grievance grievances on Corporation time with no loss of pay to the next step. No matter may be submitted extent outlined in Article Clause Article Arbitration Both parties to Arbitration this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has not been properly carried through all previous the steps of the grievance Procedureprocedure outlined in Article above, except and which has not been settled, will upon the written request of either of the parties hereto, be referred to a Board of Arbitration or Single Arbitrator. The Board of Arbitration will be composed of one (I) person appointed by the Corporation, one (1) person appointed by the Union and a third person to act as Chairman chosen by the other two (2) members of the Board. Within three (3) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. Should the person chosen by the Corporation to act on the Board, and the person chosen by the Union, fail to agree on a third person within seven (7) days of the notification mentioned in above, the Federal Minister of Labour will be asked to nominate a person to act as Chairman. A Single Arbitrator will be chosen in accordance with the Canada Labour Code. The decision of a Single Arbitrator or Board of Arbitration, or a majority thereof, constituted in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance above manner shall be binding on both parties and upon any employee involvedparties. The Single Arbitrator or Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant not have any power to its determination alter or change any of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this AgreementAgreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions Each of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to this Agreement will bear the Arbitration. It is the intention expenses of the Arbitrator appointed by it; and the parties that will jointly bear the provisions expenses, if any, of the Chairman, or Single Arbitrator. Article shall provide a peaceful method of adjusting grievances so Suspension or A claim by an employee who has completed the probationary period that there she has been discharged or disciplined without cause shall be no suspension or interruption of normal operations treated as a result grievance if a written statement of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance such grievance is lodged with the provisions in this Article. When an General Manager within three (3) full working days after the employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future disciplinebeen discharged or disciplined. An employee Such special grievance may request to see their personnel file and such request will not be denied.settled by:

Appears in 1 contract

Samples: Agreement

Step No. fifteen (15) days thereafter, In the event the grievance is not settled at Step the party having carriage of the grievance shall request arbitration of the grievance by giving notice in writing to the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman within ten (10) days from delivery of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one decision at Step to the next within chairman of the time limits set out aboveplant grievance committee, then the grievance will be considered to have been dropped by the party instituting the grievancebut not thereafter. If the responding party does a request for arbitration is not respond so given within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between , the Company and the Union to resolve a grievance decision at Step shall be final and binding on both parties the Company, the Union, and upon any employee involved. The Board of Arbitration notice to arbitrate shall receive contain the name and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination address of the issues involved. In reaching its decisions, moving party’s nominee to the Arbitration Board shall be governed by the provisions of this AgreementBoard, and shall have no authority also specify all of the outstanding issues of the written grievance to alterbe dealt with by the Board, amendand the remedy sought. The party giving such notice shall be bound by the same and shall be restricted at arbitration to the issues presented by the notice. The recipient of the notice shall within five (5) days advise the other party, in writing, of the name of its appointee to the arbitration board. The two appointees so selected shall, within five (5) 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 arbitrator, or change if the provisions two appointees fail to agree upon a chairman, within the time limited, the Minister of this AgreementLabour for Ontario shall, if requested within five (5 )days from the expiry of the date upon which the two appointees are to appoint a chair- man (but not thereafter), forthwith appoint a qualified person to be chairman. The findings arbitration board shall hear and decisions determine the mat- ter and shall issue a decision which shall be final and binding upon the parties, and upon any employee affected by it. The decision of the Board of Arbitration on all arbitrable questions majority shall be binding and enforceable on the parties and the employees. The expense decision of the Chairman arbitration board, but if there is no majority decision, the decision of the Board chairman shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be deniedgovern.

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen (15) Within five full working days thereafter, following the other party decision under Step grievance shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon be submitted a third member, The third member shall act as Chairman part of the Board. If agreement cannot be reached in respect to for a meeting between the appointment Company's representatives and members of the Chairman Union not exceeding five in number. An International Representative of the Board Union may be present at such meeting. The decision of Arbitration, the matter representatives shall be referred given in writing within five full working days of the said meeting. Failing of difference between the parties under Step of the Grievance Procedure arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration as provided in Article If no written request for arbitration is received within ten working days after the appropriate Government Agency. No person involved directly in final decision under the controversy under consideration Grievance is given, it shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered deemed to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day periodsettled or abandoned. Any agreement reached difference arising directly between the Company and the Union may be submitted by either party at Step No. of the Grievance Procedure and time limits provided thereby shall appropriately apply to resolve a grievance shall be binding on both parties and upon any employee involvedparties. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties aggrieved employee may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination be present during each step of the issues involvedGrievance Procedure and at Arbitration. In reaching its decisions, When a group of employees has a complaint or grievance it shall first be taken up under Step No. and they may be represented by the appropriate Xxxxxxx and not more than two employees. Any adjustment arising under a settlement through the Grievance Procedure or under a decision of an Arbitration Board shall not be governed made retroactive prior to the date the matter is first presented under the Grievance Procedure, except as to improper classific- ation or bookkeeping error involving an employee's earnings. All decisions arrived at, between representatives of the Company and the representatives of the Union, at any step of the written Grievance Procedure, shall be final and binding on the Company, the Union and the employee or employees concerned. The Company shall submit a written reply to each written grievance. Failure of the Union or employees to comply with the time limits in Step and above, shall be considered as acceptance of the last answer given, thus disposing of the grievance. Failure of the Company to comply with the time limits provided in Steps and above shall be considered as refusal of the request involved in the grievance and appeal to the next step in the grievance procedure may be taken. When either party desires additional time within which to properly process a grievance, additional time within reasonable limits shall be granted by the other party upon written request. At any step in this grievance procedure, the Executive Board of the Local Union shall have the final authority in respect to any aggrieved employee covered by this Agreement, to decline to process a grievance, complaint, difficulty or dispute further if, in the judgement of the Executive Board, such grievance or dispute lacks merit or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of this Agreement to the satisfaction of the Executive Board. Once the aggrieved employee has been notified either by their xxxxxxx or the Union Business Representative that their grievance is being dropped because of lack of merit, the aggrieved employee has fifteen calendar days to appeal that decision by sending a letter to the Union President requesting to appear before the Union Executive Board. Notwithstanding anything contained in this Agreement, the provisions of this AgreementArticle and the provisions of Article of this Agreement do not apply to probationary employees, and nor shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that Article or the provisions of Article of this Agreement be available to the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result Union on behalf of any grievanceprobationary employee. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.ARTICLE

Appears in 1 contract

Samples: Agreement

Step No. fifteen (15) days thereafterI A conference shall take place between the aggrieved employee, who may be accompanied by the other party shall also nominate an ArbitratorUnion Xxxxxxx, and the two nominees shall attempt to agree upon Supervisor, at which time a third member, The third member shall act as Chairman written record of the Boardgrievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. If agreement canFailing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference shall be reached in respect to held between the appointment aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Chairman Company. A representative of the Board Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of Arbitrationany difference between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered deemed to have been dropped by the party instituting the grievancesettled or abandoned. If the responding party does Saturdays, Sundays and plant holidays will not respond within be counted in determining the time limits within which any action is to be taken or completed in each of the steps of the Grievance Procedure, then the grieving party or under Article Any and all time limits fixed by this Article and Article may process the grievance to the next step. No matter may at any time be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may extended by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union. All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rate, such increase shall be paid retroactively to resolve the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be binding given in writing with a copy to the Union on both parties the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and upon any employee involved. The Board of Arbitration shall receive and consider compensated for such material evidence and contentions time lost as is determined by the parties may offer. Alsogrievance or arbitration procedure, the Arbitration Board may request from the parties or such other evidence settlement as is relevant deemed to its determination be just and equitable. It is understood that in the case of the issues involved. In reaching its decisions, the Arbitration Board shall be governed any general allegation by the provisions of Union that the Company has violated this Agreement, and shall have no authority in such a manner that an individual employee could not rightly process the grievance under this Article the Union may present such allegation to alter, amend, or change the provisions of this Agreement. The findings and decisions Company at the 2nd Step level of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be deniedGrievance procedure.

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen The Union Grievance Committee shall meet within five (155) days thereafterwith management to consider the grievance. At this stage, they may be accompanied by a representative of the International Organization. A error in the written submission will not cause annulment of the grievance. If final settlement of the grievance is not completed within seven (7) days after the meeting in Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the other grievance may be referred by either party to an arbitrator at any time within twenty-one (21) days thereafter but not later. The arbitrator shall also nominate an be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the Arbitrator constituted in the above manner be binding on both parties. The Arbitrator not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will jointly bear the expenses of the Arbitrator, . No person shall be selected as arbitrator who has been involved in attempts to negotiate or settle the grievance. Any differences which arise directly between the Union and the two nominees shall attempt to agree upon a third memberCompany concerning the interpretation, The third member shall act as Chairman application or non-application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may be submitted in writing by either of the Board. If agreement cannot be reached in respect parties to the appointment other with opportunity to be provided within seven days for oral discussion between the officers of the Chairman Union and the management representatives designated for that purpose by the Company. Failing settlement within seven days of such first oral discussion, either the Company or the Union may give notice in writing requiring a meeting within seven working days between such management representatives or such other senior officials of the Board Company as the Company may designate for this purpose and a representative of Arbitrationthe International Union of the United Steelworkers of America accompanied if he so desires by a Grievance Committee to discuss the matter. The decision of the party to whom the matter was first submitted shall be given within seven days after such meeting. in event that any difference concerning the interpretation,application or non-application, or violation of this Agreement not have been satisfactorily settled under the foregoing provisions, the matter shall may then, by notice in writing given by one party to the other, within fifteen working days from the giving of the decision of the management representative at Stage Three, or the decision of the Company in the preceding paragraph, be referred to arbitration as hereinafter provided. If no decision be given within seven days' period allowed above, the notice of arbitration may be given within fifteen days after the expiry of such seven working day period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: A group grievance shall be presented at Stage Two by a minimum of two (2) employees, accompanied by the appropriate Government Agencynumber of Stewards or Grievance Committeemen. No person involved directly in A grievance affecting the controversy under consideration shall entire department, or the plant as a whole, may be a member taken up by the Union at Stage Three of the Board of ArbitrationGrievance Procedure. If the other party fails to nominate an Arbitratora satisfactory solution is not reached, the party matter may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within be processed, including arbitration. Grievances processed under this section shall comply with the time limits set out above. Time Limits Saturdays, then the grievance will Sundays and holidays shall not be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within counted in the time limits within which any action is to be taken in each of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day periodforegoing stages. Any and all time fixed by this Article may, at any time, be extended by agreement reached in writing between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the ArbitrationUnion. It is the intention of the parties understood and agreed that the provisions of the Article shall provide a peaceful method Section of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee Agreement may request to see their personnel file and such request will not be deniedused by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a single arbitrator as outlined in Where an arbitrator determines that a disciplinary penalty or discharge is excessive he or she will have the power to substitute such other penalty for the discipline or discharge as he or she considers just and reasonable in all circumstances.

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen Within three (153) working days thereafterafter the decision in Step No. is given, the other party griever, who shall also nominate an Arbitratorhave the assistance of the Grievance Committee, may submit the grievance in writing to the Group President or his designate. A meeting will then be held within five (5) working days between the Group President or his designate, and the Grievance Committee (which the Company may restrict to not more than two nominees (2) members at the meeting) and the President or his designate, or the Association shall attempt to agree upon a third member, be present at the request of either the Company or the Association. The third member shall act as Chairman decision of the BoardGroup President or his designate shall be delivered in writing within seven (7) working days. It is understood that the Group President or his designate, and the Grievance Committee of the Association may have such council and assistance as they may desire at any such meeting. All decisions arrived at between the Company and the Association shall be final and binding upon the Company, and the Association and the employee or employees concerned. Failing settlement under the foregoing procedure or any grievance between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If agreement cannot be reached in respect to no written request for arbitration is received within one (1) month after the appointment of the Chairman of the Board of Arbitrationdecision under Step No. is given, the matter grievance shall be referred deemed to have been settled. Where no written answer has been given within the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitratortime limit specified, the party grievance may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step be submitted to the next within step of the foregoing ure, including arbitration I (a) It is agreed that a grievance arising directly between the Company and the Association shall be originated under Step No. and the time limits set out abovewith respect to that step shall appropriately apply. It is understood, then however, that the provisions of this Section may not be used with respect to a grievance will directly affecting an employee or employees and that the regular grievance procedure shall not be considered thereby by-passed. Where a number of employees have the same grievance and each employee would be entitled to have been dropped grieve separately, they may present a group grievance in writing signed by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence each employee at Step No. and such of the grievance will be submitted directly procedure within three (3) days following the occurrence or origination of the circumstances giving rise to the Human Resources Departmentgrievance. The Union Business Representative grievance shall then be treated as having been initiated at Step No. of the grievance procedure and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the applicable provisions of this Agreement, and agreement shall have no authority to alter, amend, then apply. I No adjustment effected under the Grievance Procedure or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions Procedure shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties made retroactive prior to the Arbitrationdate the grievance was formally discussed or presented to the Company under the Grievance Procedure except in matters of clerical errors affecting an employee's pay. It is agreed that if there is a period of twelve (12) months since the intention last disciplinary notice, the previous disciplinary notice shall be removed from the employee's Personnel file. However, it is agreed that should there not be a twelve (12) month period between disciplinary notices, then all such notices shall remain in the employee's Personnel file. It is also agreed that any continuous absence of one (Im)onth or more to a maximum of six (6) months will not count as part of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen twelve (1812) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be deniedmonth period.

Appears in 1 contract

Samples: Agreement

Step No. fifteen Within two working days after the Coor- dinator has delivered his written decision to the Zone Xxxxxxx and the Chief Xxxxxxx, the following procedure will be followed: The grievance shall be considered at a meet- ing of the Union Grievance Committee and if unresolved, shall be taken up at a meeting between the Zone Xxxxxxx and the with the Department Manager, the Co-ordinator. If the Grievance is not settled within working days, or within any longer period which may be mutually agreed upon at the time, after the Grievance Committee has met with the Management, then the Xxxx- xxxxx shall be taken up as follows: STEP NO. A meeting shall be held between the Xxxx- xxxxx Committee and the Plant Manager the Operations Services Manufacturing Manager, Human Resources Manager, an Department Manager. At this meeting the Business Agent of the Union or his nominee may be present if his presence is requested by either the Compa- ny or the Union. If the grievance is not there settled to the satisfaction of both parties within a period of two (152) working days thereafteror within any longer period as may be mutual- ly arranged at the time, then at the request of either party to this agreement the xxxx- xxxxx may be referred to arbitration. All times as set out in the Grievance Procedure and Arbitration may be extended by mutual agreement between the Company and the Union, in writing. If arbitration is to be invoked, the request for arbitration must be made in writing within ten (10) working days after the xxxx- xxxxx has been dealt with in Step No. When either party requests that a grievance submitted to arbitration they shall make such requests in writing addressed to the to by other party to this agreement. Within ten working days the party who initiated the grievance shall submit a letter to the other party the name and ad- dress of its nominee to arbitration hoard. With five (5) working days thereafter the other shall also nominate respond in a letter giving the and address of its nominee to the arbitration board. two arbitrators so nominated shall within working days, and if within working days they fail the grievance. they shall attempt to Chairman of an ArbitratorArbi- tration Hoard. If they are unable to agree upon such a within further peri- od of YO days they then request the Minister of for the Province of Ontario to assist them in selecting an impar- tial No person may be appointed as an xxx who has involved in an attempt to negotiate or settle the grievance. of the parties hereto will bear the ex- penses of the appointed by it, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman of parties will jointly hear the Board. If agreement cannot be reached in respect to the appointment expenses of the Chairman of the Board of ArbitrationBoard, the matter shall be referred to the appropriate Government Agency. if any No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which arbitration has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Departmentproce- dure. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by not he author- ized to make any decision inconsistent with the provisions of this Agreement, and shall have no authority agreement nor to alter, amend, modify or change the provisions amend any part of this Agreementagreement. When a grievance which affects an employ- ee's pay is settled, the settlement may be made retroactive for a period as agreed to by the conferring parties or by a majority deci- sion of a Board of Arbitration, but in no case will the settlement be made retroactive for a period greater than two months prior to the last date on which the grievance was pre- sented in writing to the Company. The findings and decisions proceedings of the Arbitration Board of Arbitration on all arbitrable questions shall will be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally expedited by the parties hereto, and the decision of the majority of such Board will be final and binding upon the parties hereto. At any stage of the grievance procedure in- cluding arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary wit- nesses, and all reasonable arrangements will be made to permit the conferring parties to have access to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal plant to view disputed operations as a result of any grievance. The parties shall act in good faith in proceeding and to adjust grievances in accordance confer with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be deniednecessary witnesses.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

Step No. If the Union and the Company cannot reach a settlement, either party may, within thirty (30)calendar days of the reply given in Step No. submit the grievance to Arbitration by nominating an Arbitrator. These time limits may be extend- ed, with mutual agreement. STEP NO. Within fifteen (15) days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, . The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government AgencyGovernmentAgency. No person involved directly in the controversy con- troversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an ArbitratorArbitra- tor, the grieving party may ask the appropriate Government Agency to make the appointment appointment. If the party filing a grievance does not process it processit from one Step to the next within the time limits set out above, then the grievance will grievancewill be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance ProcedureProce- dure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Vice President, Operations Department. The Union Business Representative and the Company Regional manager Re- gional Director may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties par- ties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this AgreementAgree- ment, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration Arbitra- tion on all arbitrable questions shall be binding and enforceable enforce- able on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption interrup- tion of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances griev- ances in accordance with the provisions in this Article. When an employee has given eighteen twelve (1812) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may Suspen- sions of five (5) days or more shall remain for eighteen (18) months, as described above. The Employer will, upon writ- ten request to see by the employee, provide the employees’ home store with a complete copy of their personnel file which may be viewed in the presence of the Store Manager. The Union acknowledges that the stewards have their regular duties to perform and that such request persons will not leave their regular duties without receiving permission from the Store Manager or appointee, which permission will not be deniedunreasonably withheld. The Company will compensate such Xxxxxxx at their regular straight time hourly rate for time spent servicing complaints or grievances hereunder during their regular hours within the store.

Appears in 1 contract

Samples: Article Vacations

Step No. fifteen In the event the grievance is not settled at Step No. the Local may request arbitration of the grievance by giving notice in writing to the Board within ten (1510) days of receipt of the written decision at Step No. but not thereafter. If a request for arbitration is not given within such ten (10) day period, the other party decision at Step No. shall be final and binding upon both parties to this Agreement, and upon any employee affected by it. The notice to arbitrate shall contain the name and address of the Local’s nominee to the Board and shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman specify all of the Board. If agreement cannot be reached in respect to the appointment outstanding issues of the Chairman of written grievance to be dealt with by the Board of Arbitration, and the remedy sought. The Local shall be bound by the same and shall be restricted at arbitration to the issues represented by the notice. The District School Board shall within ten days advise the Local in writing, of the names of its appointee to the Arbitration Board. The two appointees so selected shall, within ten days of the appointment of the second of them appoint a third person who shall be chair. If the two appointees fail to agree upon a chair within the time limit, the appointment shall be made by the Minister of Labour. The request to the Minister of Labour must be made within ten days from the expiry of the date upon which the two appointees were to appoint a chair. The Arbitration Board shall hear and determine the matter and shall issue a decision, which shall be referred to final and binding upon the appropriate Government Agencyparties and upon any employee affected by it. No person involved directly in The decision of the controversy under consideration majority shall be a member the decision of the Arbitration Board but if there is no majority decision, the decision of the chair shall govern. The Board of Arbitration shall not be authorized to add, delete, modify or otherwise amend the provisions of the Agreement nor make any decision inconsistent with the provisions of this Agreement, nor adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step No. of Article hereof. Each party hereto shall bear its own costs of, and incidental to, such arbitration proceedings. The fees and charges of the chair to the Board of ArbitrationArbitration shall be borne equally by the parties hereto. If Either party shall have the right to require the attendance of the at the Arbitration hearing. The time limits and other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a procedural requirements of this grievance does procedure are mandatory. Any grievance not process it appealed from one Step step of the grievance procedure to the next within the specified time limits set out abovelimit shall be deemed to be abandoned. If a respondent party fails to reply to a grievance within the designated time, then the party having carriage of the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance shall move to the next stepstep of the grievance procedure. No matter may be submitted to Arbitration arbitration, which has not been properly carried through all previous steps of the grievance Procedure, except in procedure within the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Departmenttime limits specified. The Union Business Representative and mandatory provisions of this grievance procedure may only be modified by the Company Regional manager may by mutual written agreement have a Step Meeting to discuss of the termination during parties. A settlement reached at any stage of the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance procedure shall be final and binding on upon both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.the

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen The Xxxxxxx shall deliver to the Director, Security Services or his designate, a copy of the written grievance referred to under the heading Step No. A grievance with respect to discharge shall be delivered to the aforesaid officer within five (155) days thereafterof the discharge grieved. Within seven (7) days from receipt of the written grievance by the Director, Security Services or his designate, or within such longer period as the Employer and the Union may agree on, a joint composed of three ( 3 ) Union representatives designated by the Union, along with the Employer representatives, shall meet and attempt to settle the grievance. Should the grievance not be settled by the said joint within seven (7) days of its first or within such longer period as the Employer and the Union may agree on, and if it one which concerns the interpretation, application, administration violation of this Agreement, then Article may be Grievance Mediation Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (10) days after the Employer’s decision has been rendered at Step No. of the grievance procedure. Where the matter is so referred, the other party Mediation process shall also nominate an Arbitrator, and take place before the two nominees shall attempt matter is referred to agree upon a third member, The third member shall act as Chairman Arbitration. Grievance Mediation will within twenty-one days of the Boardgrievance being submitted to Mediation. If agreement cannot be reached in respect The Grievance Mediation process is without prejudice to the appointment of the Chairman of the Board of Arbitration, any position either party may take should the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration Grievance Mediation which has not been properly carried through all previous steps the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The Mediator will be from Independent Mediation Services and must be able to the grievance mediation within the time set out in unless the parties mutually agree to extend the time periods for such Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the grievance Procedureproceedings shall be made and legal counsel shall not be used by either party. If possible, except an agreed statement of facts will be provided to the Mediator, and if possible, in the case advance of where the Grievance Procedure Mediation Conference. The Mediator will commence have the authority to meet separately with any but will not have the authority to compel the resolution of a grievance. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with Article In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Step No. and such grievance will be submitted directly to the Human Resources DepartmentArbitration. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss Employer will share the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Alsocost, the Arbitration Board may request from the parties such other evidence as is relevant to its determination if any, of the issues involvedMediator. In reaching its decisionsNotwithstanding Article Saturdays, Sundays and holidays are to be counted in the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreementtime limits for grievance mediation. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the OS Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen (15) days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman of the BoardIf Management's decision at Step No. If agreement canis not be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out abovesatisfactory, then the grievance will may be considered referred to have been dropped arbitration as herein provided. Management shall give its decision to the Plant Committee within five (5) days following the meeting at Step No. The Union Business representative shall be supplied by the party instituting the grievanceCompany, minutes of all Labour Management Meetings. If the responding party does not respond within the time limits of the Grievance ProcedurePrior to proceeding to arbitration, then the grieving party may process the any grievance to the next step. No matter may be submitted to Arbitration a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local Union concerned. It is understood that the Company will not select a Manager from the area in which has not been properly carried through all previous steps the grievance originated, nor will the Union select an official from the local union involved in the grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the grievance Procedure, except in Joint Grievance Committee on the case disposition of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be deemed to be the settlement of the grievance and binding on both the the Union and the Company. Settlements reached by the Joint Grievance Committee shall not be used as precedents. In the event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties and upon any employee involvedhereto, will bear the expense of their appointee to the Grievance Committee. The Board of Arbitration Grievance Committee shall receive and consider such material evidence and contentions as not have the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant right to its determination alter or change any provisions of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the Agreement or substitute any new provisions of in this Agreement, and shall have no authority to alter, amendAgreement or substitute any new provisions in lieu thereof, or change to give any decision inconsis- tent with the terms and provisions of this Agreement. The findings and decisions of Grievance Committee, however, shall have the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties power to vary or set aside any penalty or discipline imposed relating to the Arbitrationgrievance then before the Grievance Committee. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions Any time limits mentioned in this ArticleArticle may be extended by mutual agreement, in writing. When an employee has given eighteen (18) consecutive months with is mutually agreed that no unsatisfactory conduct documentation on filegrievance will be considered, the company agrees it will not use such past documentation when addressing future discipline. An employee may request alleged circumstances of which originated or occurred more than three (3) days prior to see their personnel file and such request will not be deniedthe original presentation, except in the of a grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen (15) The aggrieved employee or alternate must submit the grievance in writing to the Manager of Plant Operations or Manager of Plant Maintenance and Construction who shall consider it in the presence of the aggrieved employee and/or the Grievance and the Supervisor and render a decision in writing. Grievance Committee shall be present at this stage. Should no satisfactory to the employee be reached within five working days, the next step in the grievance procedure may be taken at any time within five working days thereafter. The aggrieved employee or alternate shall submit the grievance in writing to the Superintendent of and Educational Resources. The Grievance shall be present at this stage. aggrieved employee's supervisor and/or the Manager of Plant Operations or Manager of Plant and Construction may be present if required by the Superintendent of Human and Educational Resources designate. If a final settlement of the grievance under hereof is not completed within ten working days after deliberations have commenced, the other grievance may be referred by either party shall also nominate an Arbitrator, and to Arbitration as provided in ARTICLE hereof. In the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman event of the Board. If agreement cannot reinstatement, through the grievance procedure, of an employee who has been suspended or discharged, such employee shall be reached in respect reinstated to the appointment employee's former position without loss of seniority and shall receive the Chairman regular salary, premium, pay and Board paid benefits, but shall not receive overtime or pay for the period of suspension or discharge. ARTICLE Both parties to this Agreement agree that any dispute or grievance con- cerning the Board interpretation or alleged violation of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration this Agreement which has not been properly carried through all previous the steps of the grievance Procedureprocedure outlined in ARTICLE VI, except in and which has not been settled, may be referred to a Board of Arbitration and where both parties agree, a single Arbitrator may be substituted for an Arbitra- tion Board. In the case of where a single Arbitrator, the Grievance Procedure will commence at Step No. parties shall endeavour to agree on the selection of an Arbitrator, and such grievance in the event that they fail to do so, the of Labour will be submitted directly asked to nominate an Arbitrator in accordance with the Human Resources Departmentprovision in The Board of Arbitration will be of one person appointed by the Employer, one person appointed by the Association and a third person to act as Chairperson, chosen by the other two members of the Board. Within five working days of the request by either party for a Board, each party shall notify the other of the of the appointee. Should the person chosen by the to act on the Board and the person chosen by the Association fail to agree on a third person within seven days of the notifi- cation mentioned in the Minister of Labour for the Province of Ontario will be asked to appoint a Chairperson forthwith. The Union Business Representative and decision of a Board of Arbitra- tion, or a majority thereof, constituted in the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance above manner, shall be final and binding on both parties and upon any employee involvedparties. If there is no majority decision, then the decision of the Chairperson shall govern. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant not have any to its determination alter or any of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agree- ment or to substitute any new pro- visions for any existing provisions. Each of the parties to this Agree- ment will bear the expenses of the Arbitrator appointed by it and of its witnesses; and the parties will jointly bear the expenses of the Chairperson. No person shall be selected as Arbitrator who has been directly involved in attempts to negotiate or settle the grievance. The Association agrees that, during the term of this Agreement, there will be no strike, picketing, slowdown or stoppage of work, and the Employer agrees that there will be no lockout. "Strike" and "lockout" shall be as defined in the Relations Act. The Employer shall have no authority the right to alterdischarge or otherwise discipline employees who take part in or instigate any strike, amendpicketing, stoppage or slowdown. It is understood that the Employer may bring forward, at any meeting held with the Association Grievance any complaint with respect to conduct of the Association, its officers or members, or change any com- plaint that a contractual obli- gation undertaken by the Association has been violated, and that, if such complaint by the Employer is not settled to the mutual satisfacton of the conferring parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of an employee. Should any difference arise between the Employer and the Association as to the interpretation or alleged violation of the provisions of this AgreementAgreement affecting the Association as such, the Association shall have the right to bring forward, at any meeting held with the under the grievance procedure, any such complaint. The findings and decisions If such complaint is not .settled to the satisfaction of the Board conferring parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of Arbitration on all arbitrable questions an employee. No such grievance shall be binding and enforceable on filed with respect to the parties and same subject matter that is already the employees. The expense subject of a grievance filed an under ARTICLE VI, nor shall any grievance be filed by an with respect to the Chairman same subject matter that is already the subject of the Board shall be borne equally a grievance filed by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.Association under this

Appears in 1 contract

Samples: negotech.labour.gc.ca

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Step No. fifteen The Union Grievance Committee shall meet within five (155) working days with management to consider the grievance. At this stage, they may be accompanied by a representative of the International Organization. A technical error in the written submission will not cause annulment of the grievance. If final settlement of the grievance is not completed within seven (7) working days after the meeting in Step No. and if the grievance is one which concerns the interpretation or alleged violation of the Agreement, the grievance may be referred by either party to an arbitrator at any time within twenty-one (21) days thereafterthereafter but not later. The arbitrator shall be chosen from the list below on a rotating basis provided the arbitrator selected is able to accept the referral in rotation: Xxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxx The decisions of the Arbitrator constituted in the above manner shall be binding on both parties. The Arbitrator shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will jointly bear the expenses of the Arbitrator. No person shall be selected as arbitrator who has been involved in attempts to negotiate or settle the grievance. Any differences which arise directly between the Union and the Company concerning the interpretation, application or non application, or violation of this Agreement, instead of following the procedure hereinbefore set out, may be submitted in writing by either of the parties to the other party shall also nominate an Arbitrator, with opportunity to be provided within seven days for oral discussion between the officers of the Union and the two nominees shall attempt to agree upon management representatives designated for that purpose by the Company. Failing settlement within seven days of such first oral discussion, either the Company or the Union may give notice in writing requiring a third member, The third member shall act as Chairman meeting within seven working days between such management representatives or such other senior officials of the Board. If agreement cannot be reached in respect to Company as the appointment Company may designate for this purpose and a representative of the Chairman International Union of the Board United Steelworkers of ArbitrationAmerica accompanied if he so desires by a Grievance Committee to discuss the matter. The decision of the party to whom the matter was first submitted shall be given within seven days after such meeting. In the event that any difference concerning the interpretation, application or non-application, or violation of this Agreement shall not have been satisfactorily settled under the foregoing provisions, the matter shall may then, by notice in writing given by one party to the other, within fifteen working days from the giving of the decision of the management representative at Stage Three, or the decision of the Company in the preceding paragraph, be referred to arbitration as hereinafter provided. If no decision be given within seven days' period allowed above, the notice of arbitration may be given within fifteen working days the expiry of such seven day period. Where two or more employees in the same department have complaints which are sufficiently common in nature that they may be conveniently dealt with together, such complaints shall constitute a group grievance and shall be handled as follows: A group grievance shall be presented at Stage Two by a minimum of two employees, accompanied by the appropriate Government Agencynumber of Stewards or Grievance Committeemen. No person involved directly in A grievance affecting the controversy under consideration shall entire department, or the plant as a whole, may be a member taken up by the Union at Stage Three of the Board of ArbitrationGrievance Procedure. If the other party fails to nominate an Arbitratora satisfactory solution is not reached, the party matter may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within be processed, including arbitration. Grievances processed under this section shall comply with the time limits set out above. Time Limits Saturdays, then the grievance will Sundays and holidays shall not be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within counted in determining the time limits within which any action is to be taken in each of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day periodforegoing stages. Any and time limits fixed by this Article may, at any time, be extended by agreement reached in writing between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the ArbitrationUnion. It is the intention of the parties understood and agreed that the provisions of the Article shall provide a peaceful method Section of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee Agreement may request to see their personnel file and such request will not be denied.used by the Union to process the grievances of individual employees. Any employee grievance alleging unjust discipline or discharge may be referred to a single arbitrator as outlined in Where an arbitrator determines that a penalty or discharge excessive he or she will have the power to substitute such other penalty for the or discharge as he or she considersjust and reasonable in all

Appears in 1 contract

Samples: Agreement

Step No. If the decision of the immediate xxxxxxx is not acceptable to the employee, he may appeal the decision to the Human Resources Manager or his designated representative, within two (2) working days from the date that he received the decision from his immediate xxxxxxx. The third step grievance meeting will be held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will be altered to accommodate the grievance meeting schedule and employees will be required to work both before and after the meeting up until their revised quitting time. In the event that arbitration of a grievance is desired by either party, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator shall not have jurisdiction to alter or change any of the provisions of this agreement, or to substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this agreement, or to deal with any matter not covered by this agreement. The arbitrator in discharge and suspension cases shall be authorized to maintain the discharge or suspension, make the whole, or make any modification as to compensation which is just and equitable in the opinion of the arbitrator. The parties shall equally share the fee and expenses of the arbitrator. No grievance shall be considered if the alleged circumstances of the grievance occurred more than fifteen (15) working days thereafter, prior to the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman submission of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitrationgrievance. If the other party Company fails to nominate an Arbitrator, answer the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other than a probationary employee, shall be given an opportunity to have been dropped by explain the party instituting circumstances of his discharge or indefinite suspension to his Committeeman or xxxxxxx before leaving the grievanceplant. If Such discharged or indefinitely suspended employee may present a grievance in writing, either directly or through his committeeman or xxxxxxx, within five (5) working days from the responding party does not respond within the time limits date of the Grievance Procedure, then the grieving party may process the his discharge or indefinite suspension. Such grievance to the next step. No matter may shall be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence lodged at Step No. of the grievance procedure. The Company shall furnish the Union with copies of written warnings, suspensions, and such grievance discharges. In the case of termination, the Plant Chairperson or his designate will be submitted directly advised no later than his next regular shift. An employee's committeeman or xxxxxxx shall be in attendance when he is to the Human Resources Departmentbe formally disciplined. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting agrees to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon remove any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request discipline notation from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given employee's record eighteen (18) consecutive months with no unsatisfactory conduct documentation on fileafter the giving of such discipline notation unless within the two-year period the misconduct giving rise to the discipline notation is repeated, in which case the company agrees two-year period referred to above is waived. Such removed notation will not be cited or relied upon subsequently. A grievance relating to the same issue and providing the circumstances are similar pertaining to two or more employees will be considered a group grievance and subject to the grievance procedure. Union policy grievances will be limited to grievances which claim incorrect interpretation or administration of the agreement which may affect the collective interests of the bargaining unit and grievances lodged by the Company may be raised by either xxxxx by notifying the other in writing as to the nature of the grievance within fifteen (15) working days of the incident which gave rise to the grievance. Such grievance will be discussed beginning at the 3rd step of the grievance procedure. Should the parties fail to resolve such grievance it may be referred to arbitration. It is understood that it will not use such past documentation when addressing future disciplinebe used to by-pass the regular grievance procedure. An employee Written warnings, suspensions, and discharges shall be given three (3) working days from the date of the misconduct. The time limits as outlined in the grievance procedure may request to see their personnel file and such request will not be denied.extended by mutual agreement. ARTICLE SENIORITY

Appears in 1 contract

Samples: Collective Agreement

Step No. If the grievance is not settled at Step the Nurse and/or a representative of the Association may, within ten (10) working days of the date of receiving the answer of the Director of Nurses (or if no answer is received under Step within ten (10) working days after such answer ought to have been received) refer the grievance to the Medical Officer of Health or the nominee of the Medical Officer of Health and that officer shall give a decision in writing within five (5) working days of receipt of the grievance. Prior to the Medical Officer of Health (or his nominee) providing an answer hereunder, there shall be a meeting between the Employer and the Association at which an Employment Relations Officer from the Association shall attend in order to discuss and attempt to resolve the grievance. In the case of a Policy Grievance, the time limit for such decision shall be thirty (30) calendar days from the time of receipt of the grievance, If the grievance is not settled at Step No. then the Association may refer the grievance to arbitration. If no written request for arbitration is received within fifteen (15) working days thereafterafter the final decision is given or after the final decision should have been given, the grievance shall be deemed to have been settled. Any of the time allowances provided above may be extended by mutual agreement between the parties. The Employer will pay such Association representatives at their respective salaries for all regular time lost in the investigation or processing of grievances. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall also nominate within five (5) days inform the other party of the name of its appointee to the Arbitration Board. The two ( 2 ) appointees so selected shall, within five ( 5 ) days of the appointment of the second of them, appoint a third (3rd) person who the Chairman. If the recipient of the notice fails to appoint an Arbitrator, and or if the two nominees shall attempt ( 2 ) appointees fail to agree upon a third memberChairman within the time limit, The third member the appointment shall act as Chairman be made by the Minister of Labour of the Province of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision shall be final and binding upon the parties and upon any Nurse affected by it. The decision of the majority the decision of the Arbitration Board. If agreement cannot be reached in respect to , but if there is no majority the appointment decision of the Chairman governs. The Arbitration Board shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in any way modify, add to or detract from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration Board, and will share equally the fees and disbursements of the Chairman. In the event that a Nurse is suspended or discharged and it is considered that an injustice has been done, the matter may be taken up as a grievance at Step No. of the Grievance Procedure. Notwithstanding any other provisions of this Agreement grievances may be settled by confirming the Employer’s action or by any other arrangement which is just and equitable in the opinion of the parties or the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

Step No. fifteen The aggrieved employee or a Union Representative may present his signed grievance (15which shall be reduced to writing on a form supplied by the Union and approved by the Company) days thereafter, to the other party Division Head concerned who shall also nominate an Arbitratorconsider it the presence of the and a member the Grievance Committee, and the two nominees immediate Supervisor within O full working days if possible. The Division Head shall attempt to agree upon a third member, The third member shall act as Chairman render his decision in writing working days of the Boardinterview or any longer period which may be mutually agreed upon. If agreement cannot no satisfactory settlement is reached, the next step the grievance procedure may be reached taken at any time within working days thereafter. Step The aggrieved employee may submit his grievance in respect writing to the appointment full Grievance Committee of the Chairman Union. The Grievance Committee of the Board Union shall meet within working clays with the of ArbitrationTransportation and the Commissioner of Human Resources, the matter shall be referred or their representatives, to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting consider the grievance. If the responding party does not respond within the time limits At this they may be accompanied a representative of the Grievance Procedure, then the grieving party may process International organization if his presence is requested by either party. If final settlement of the grievance is not completed within working days after deliberations with the of or his representative, have commenced and if the grievance is one which the interpretation or of the agreement, the grievance may be referred by either party to a Board of Arbitration as provided in Article below, any within working days after a decision been reached but not later. For the submission of grievances as provided above, working days shall be as the days on which the Company's Head is open to the next steppublic for transaction of regular business, otherwise days are calendar days. No matter may be submitted ARTICLE Both parties to Arbitration this agreement agree any dispute or grievance concerning the interpretation or alleged violation of this agreement, which has not been properly carried through all previous the steps of the grievance Procedureprocedure outlined in Article above, except and which has not been settled, will be referred to a Board of Arbitration at the of of the parties hereto. Board of will be composed of person appointed by the Company, and person appointed by the Union, and a third person to act as chairperson chosen by the other members of the Board. Within days of the request by either party for a Board, each party shall notify the other of the name of its appointee. the person chosen by the Company to act on the Board and the person chosen by the Union, fail to agree on a person within days of the notification mentioned in above, the Minister of Labour of Province of Ontario will be asked to nominate the chairperson. The Board of Arbitration constituted in the case of where above manner shall deal only with the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative matter in dispute, and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance or majority decision of said Board shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant not have any power to its determination or change any of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreementagreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and shall have no authority to alter, amend, or change the provisions of this Agreementagreement. The findings and decisions Each of the Board to this agreement will bear the expenses of Arbitration on all arbitrable questions the arbitrator appointed by it; and the parties will jointly bear the expense, if any, of the chairperson. No person shall be binding and enforceable on selected as arbitrator who has been directly involved in attempts to negotiate or settle the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Step No. fifteen (15) days thereafterA meeting shall be held between the Grievance Committee and the Plant Manager the Plant Capabilities Leader, Human Resources Manager, and Department Manager. At this meeting, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman National Representative of the Board. If agreement cannot Union or his or her nominee may be reached in respect to present if such presence is requested by either the appointment of Company or the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of ArbitrationUnion. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does is not process it from one Step settled to the next satisfaction of both parties within a period of five working days or within any longer period as may be mutually arranged at the time limits time, then at the request of either party to this agreement the grievance may be referred to: mediation, if both parties agree; arbitration. All times as set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of in the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter Mediation, and Arbitration may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may extended by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union, in writing. If either mediation and /or arbitration is to be invoked, the request for either mediation and /or arbitration must be made in writing within ten working days after the grievance has been dealt with in Step No. after which the party seeking mediation or arbitration shall, within ten working days, contact the mediator or arbitrator, as the case may be, requesting a date for a hearing. The mediator must be selected by mutual agreement of the Company and the Union. In the event that a mutually acceptable mediator cannot be selected, the grievance will be forwarded to arbitration. The Company and the Union will bear the expenses of the mediator in equal shares. Disputes which are carried to the arbitration stage shall normally be heard before a single arbitrator. The parties have expressed confidence in the ability of the under-mentioned persons, and agree that they shall be called to arbitrate on a rotation basis and in order of their listing: Xxx Xxxxxxxxx Xxxx Xxxxx Xxxxxx Xxxxx Xxxxxx Xxxxx Xxxx Xxxxxxx If it is not possible to schedule an arbitration date with the arbitrator who is next called to arbitrate within sixty (60) days from the request for a hearing, the parties shall move to the first available arbitrator on the list. The first available date shall be the scheduled date for the hearing. Notwithstanding foregoing, no arbitrator will be called to resolve more than one grievance in a grievance shall be binding on both row. If the order of rotation is bypassed in this manner for a hearing, the parties and upon any employee involvedagree to resume the rotation order, starting with the arbitrator who would have been called but for his unavailability, for the next hearing that may arise. The Board If none of Arbitration shall receive and consider such material evidence and contentions as the arbitrators listed above is available within the 60-day time frame, the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed choose an arbitrator by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be deniedmutual agreement.

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen If the matter is not settled, then within five (155) working days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman of the BoardExecutive Director's reply, a Union Representative may request a meeting with the Executive Director. If agreement cannot be reached in respect to In such case the appointment of the Chairman of the Board of Arbitration, the matter meeting shall be referred to held between the appropriate Government Agency. No person involved directly in Executive Director, a Union Representativeand the controversy under consideration shall be a member of Union Xxxxxxx as soon as practicably possible but not later than ten (1O) working days after the Board of ArbitrationExecutive Director receives notification the Union that the meeting is desired. If the other party fails matter is not disposed of at such a meeting, and if the Union wishes to nominate an Arbitratorproceed to arbitration, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next Union shall, within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between working days of the date of such meeting but not thereafter, deliver to the Company a notice in writing stating that it wishes to take the matter to arbitration. The Notice to Arbitrate shall contain the name and address of the Union's Proposed Arbitrators and the Union remedies sought. Thereafter the parties shall confer to resolve select an agreeable arbitrator. The Employer and the Union, recognizing the benefit of proper and timely disclosure prior to arbitration hearings, agree that neither party shall be entitled to raise a preliminary objection for the purpose of disposing of all or part of a grievance without a hearing on the merits unless the other party was provided with notice of the objectionwithin ten (1O) days of the delivery of the Notice to Arbitrate referred to in Articles and above. Without limiting the generality of the foregoing, examples of such preliminary objections include a timeliness objection by the Employer or an objection related to lack of Union representation by the Union. When a dispute involving a question of general applicationor interpretation occurs, or when the Union or the Employer has a grievance, Step of this Article may be and such grievances shall be binding on both parties and upon any employee involvedknown as "policy grievances". The Board of Arbitration policy grievance procedure shall receive and consider such material evidence and contentions as the parties may offernot be used for processing individual grievances. Also, the Arbitration Board may request When two or more employees wish to file a grievance arising from the parties same incident, such other evidence grievance may be handled as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board a "group grievance"and shall be governed by subjectto the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be deniedgrievance procedure.

Appears in 1 contract

Samples: Collective Agreement

Step No. fifteen (15) days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman 2 - Notice of the Board. If agreement cannot appeal must be reached in respect given to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped xxxxxxx by the party instituting the grievancexxxxxxx or a xxxxxxx delegate. If the responding party does not respond within the time limits Such notice shall consist of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps a written statement of the grievance Procedurein duplicate, except containing particulars of the incident giving rise to the grievance and shall be signed by the aggrieved employee and dated as of the date of its submission. The superintendent or a delegate shall meet with the xxxxxxx or a xxxxxxx delegate within seven (7) calendar days, to investigate the grievance and attempt to settle it. A written decision shall be given by the superintendent or a delegate within five (5) calendar days after the date of such meeting. Grievances not adjusted in the case of where the Grievance Procedure will commence at Step No. and such grievance will 2 may be submitted directly appealed to Step No. 3. 17.02 Step No. 3 - Notice of appeal must be given in writing within nine (9) calendar days from the date of the written decision of the superintendent or a delegate to the Human Resources Department. The A representative of the Human Resources Department. or a delegate shall meet with the Grievance Committee, which may be accompanied by an International Officer or representative of the Union Business Representative within twenty-one (21) calendar days or a date mutually agreeable to the Union and the Company Regional manager Company, to investigate the grievance and attempt to settle it. A written decision shall be given by the Human Resources Representative or a delegate within fourteen (14) calendar days after the date of such meeting. 17.03 In the event that the grievance or complaint cannot be adjusted in any of the foregoing steps, the matter may at the request of either party be submitted for arbitration by an impartial arbitrator who shall be chosen by mutual agreement have a of the Company and Union. The party desiring arbitration shall notify the other of its intention within thirty (30) calendar days from the receipt of the answer or decision provided for in Step Meeting 3 above. The parties shall advise each other as to discuss who will present the termination during case on their behalf in the ten (10) day periodarbitration hearing. Any agreement reached between In the event the Company and the Union to resolve a grievance shall be binding on both parties and unable to agree upon any employee involvedan arbitrator, the Minister of Labour, Ontario, shall be requested to appoint an arbitrator in the following manner: 17.04 A request by either party shall be made to the Minister of Labour, Ontario, for the names of seven (7) arbitrators. The Board of Arbitration Union shall receive strike three (3) names and consider such material evidence and contentions as the parties may offerCompany shall strike three (3) names. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board The remaining one (1) shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreementarbitrator. The findings arbitrator may interpret this Agreement and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties apply it to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.particular case under 17.05

Appears in 1 contract

Samples: Agreement

Step No. fifteen (15) days thereafterI The employee may present a grievance to the immediate manager, and may have the assistance of the area grievance xxxxxxx in doing so. The grievance shall be in writing on a grievance form approved by the Board and the Union and shall include the nature of the grievance, the other party shall also nominate an Arbitratorremedy sought, and the two nominees shall attempt to agree upon a third member, The third member shall act as Chairman section or sections of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered Agreement which are alleged to have been dropped by violated; failing settlement, the party instituting immediate Manager shall deliver a decision in writing within five working days following the presentation of the grievance. If Failing settlement: STEP NO. 2 Within three working days after the responding party does not respond decision in Step No. I is given, the employee (who may request the assistance of a committee member) may submit the grievance in writing to the Director, Human Resources, or designate, who shall deliver a decision in writing within three working days following the time limits presentation of the grievance. The assistance of the Grievance ProcedureCommittee may be requested by either the or the employer. It is agreed that the parties to this Agreement may have the assistance at any time, then of any representative, solicitor or other agent as they may require, at Step No. 2 of the grieving party Grievance Procedure or at any subsequent stage. Failing settlement: STEP NO. 3 Within ten working days after the decision in Step No. 2 is given, the who may process request the assistance of the Grievance Committee, may submit the grievance in writing to the next stepChief Executive Officer or designate. No A meeting will then be held within working days between the Chief Executive or designate and the Grievance Committee and an accredited representative of the Union shall be present at the request of either the Board or the Union. The decision of the Chief Executive Officer or designate shall be delivered in writing within seven working days. It is understood that the Chief Executive or designate may have such counsel and assistance as may be desired at any such meeting. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is such grievance may be submitted to Arbitration which has not been properly carried through all previous steps of arbitration as hereinafter provided. If no written request for arbitration is received within ten working days after the grievance Procedure, except in the case of where the Grievance Procedure will commence at decision under Step No. and such grievance will be submitted directly to is given, the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involveddeemed to have been settled. The Board of Arbitration shall receive and consider such material evidence and contentions as Where no written answer has been given within the parties may offer. Alsotime limit specified, the Arbitration Board may request from grievance maybe submitted to the parties such other evidence as is relevant to its determination next step of the issues involvedforegoing procedure, including arbitration. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, directly affecting an employee or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article regular Grievance Procedure shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be deniedthereby any clerical or other error of a similar nature, involving an employee’s salary.

Appears in 1 contract

Samples: Collective Agreement

Step No. Within fifteen (15) days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member, . The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate Government Agency. No person involved directly in the controversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitrator, the grieving party may ask the appropriate Government Agency to make the appointment appointment. If the party filing a grievance does not process it from one Step to the next within the time limits set out above, then the grievance will be considered to have been dropped by the party instituting the grievance. If the responding party does not respond within the time limits of the Grievance Procedure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance Procedure, except in the case of terminations where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Human Resources Department. The Union Business Representative and the Company Regional manager may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agreement, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitration on all arbitrable questions shall be binding and enforceable on the parties and the employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interruption of normal operations as a result of any grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions in this Article. When an employee has given eighteen (18) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. An employee may request to see their personnel file and such request will not be denied.

Appears in 1 contract

Samples: Collective Agreement

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