Common use of COMPLAINTS AND GRIEVANCES Clause in Contracts

COMPLAINTS AND GRIEVANCES. Step Within ten days following the decision under Step the employee and/or Grievance Committee shall submit the written grievance to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days".

Appears in 1 contract

Samples: Agreement

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COMPLAINTS AND GRIEVANCES. For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is At the time formal discipline is imposed, or at any stage of the grievance procedure, including the complaint stage, an employee shall have the right upon request to the presence of his/her xxxxxxx. In the case of suspension or discharge, the Hospital shall notify the employee of this right in advance. It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is that an employee has no grievance Page of pages Board of Governors until he/she has first given his/her immediate supervisor the opportunity of adjusting his/her complaint. Such complaint shall be discussed with his/her immediate supervisor within nine calendar days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the employee and, failing settlement within nine calendar days, it shall then be taken up as a grievance within nine calendar days following advice of his/her immediate supervisor’s decision in the following manner and sequence: Step No. The employee may submit a written grievance signed by the employee to his/her immediate supervisor. The grievance shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged to be violated. The immediate supervisor will deliver his/her decision in writing within nine calendar days following the day on which the grievance was presented to him/her. Failing settlement, then: Step No. 2 Within ten nine calendar days following the decision under Step No. the employee and/or Grievance Committee shall may submit the written grievance to his/her Department Head who will deliver his/her decision in writing within nine calendar days from the Director of Labour Relations or her designatedate on which the written grievance was presented to him. Within ten days after The parties may, if they so desire, meet to discuss the grievance has been referred at a time and place suitable to herboth parties. This step may be omitted where the employee’s immediate supervisor and Department Head are the same person. Failing settlement, then: Step No. 3 Within nine calendar days following the Director of Labour Relations decision in Step No. the grievance may be submitted in writing to the Hospital Administrator or his/her designate will meet with designee. A meeting then be held between the employee Hospital Administrator or his/her designee and the Grievance Committee to discuss within nine calendar days of the grievancesubmission of the grievance at Step No. A 3 unless extended by agreement of the parties. It is understood and agreed that a representative of may attend this meeting on request the Canadian Union of either party. A written reply to Public Employees and the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration present at the meeting. It is further understood that the Hospital Administrator or his/her designee may have such counsel and assistance as he/she may desire at such meeting. The decision-f the Hospital shall be delivered in accordance with Article writing within nine calendar days following the date of this Agreementsuch meeting. A complaint or grievance arising directly between the -Hospital Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, the Agreement shall be originated under at Step Failing settlement under Step No. 3 within twenty days, it may be submitted fourteen calendardays following the circumstances giving rise to arbitration in accordance Article However, it the complaint or grievance. It is expressly understood understood, however, that the provisions of this paragraph Article may not be used by the Union with respect to institute a complaint or grievance directly affecting an employee, or employees, employee which such employee or employees could themselves himself/herself institute and the regular grievance procedure shall not be thereby be bypassed. Any Where a number of employees have identical grievances and each employee would be entitled to grieve separately they may present a group grievance by in writing identifying each employee who is grieving to the Hospital Head or the Union as provided in this paragraph shall be commenced his/her designee within twenty (20) fourteen calendar days after the circumstances giving rise to the complaint occurred or ought reasonably to have occurredcome to the attention of the employee(s). Where no answer The grievance shall then be treated as being initiated at Step No. 2 and the applicable provisions of this Article shall then apply with respect to the processing of such grievance. The release or discharge of an employee during the probationary period shall not be the subject of a grievance or arbitration. A claim by an employee who has completed his/her probationary period that he/she has been or suspended shall be treated as a grievance if a written statement of such grievance is given lodged by the employee with the Hospital at Step No. 3 within seven calendar days after the time limits specified date the discharge or suspension is effected. Such special grievance may be settled under the Grievance or Arbitration Procedure by: confirming the Hospital’s action in the grievance procedure, dismissing the employee, or reinstating the Union employee with or without full for the time lost, or by any other arrangement which may be deemed just and equitable, Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall be entitled to submit notify the grievance to the next step Union of the grievance proceduresuch suspension or discharge in writing. The Hospital agrees that it will not suspend, discharge or otherwise discipline an employee who has completed his/her probationary period, without just cause. Failing settlement under the foregoing procedure of any grievance between the parties, parties arising from the interpretation, application application, administration or alleged violation of this agreementAgreement, including any question as to whether a matter is such grievance may be submitted to arbitration as set forth in Article hereinafter provided. If no written request for arbitration is received within twenty (20) eighteen calendar days after the decision under Step No. 3 is given, it the grievance shall be deemed to have been settled abandoned. Where such a written request is postmarked within sixteen calendar days after the decision under Step No. it will be deemed to have been received within the time limits. All agreements reached under the grievance procedure between the representatives of the Hospital and the representatives of the Union will be and binding upon the Hospital and the Union and the employees. . When either party requests that any matter be submitted to arbitration as provided in the foregoing Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time name a nominee. Within seven calendar days thereafter the other party shall name a nominee, provided, however, that if such party fails to name a nominee as herein required, the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application thereto by the party invoking arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon- such a within a period of fourteen calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a chairman. No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. No matter may be submitted to arbitration which has not eligible been properly carried through all requisite steps of the Grievance Procedure. The Arbitration Board shall not be to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority and, where there is no majority the decision of the chairman, will be final and binding upon the parties hereto and the employee or employees concerned. Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. The time limits set out in the Grievance and Arbitration Procedure herein are mandatory and failure to comply strictly with such time limits except agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section of The Labour Relations Act. Wherever Arbitration Board is referred to in the Agreement, the parties may mutually agree in writing to substitute a single arbitrator for arbitrationthe Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. For ARTICLE CLEARING OF RECORD The record of an employee shall not be used against him at any time after twenty-four months following a suspension or disciplinary action, including letters of reprimand or any adverse reports. Each employee shall have reasonable access to his/her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein, in the presence of the Director of Personnel or designate and shop xxxxxxx or union representative of their choice if they so request. An employee has the right to request copies of any-evaluations in this Article and Articles and the term "days" shall be defined as "working days".file. ARTICLE

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation,application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner It is generally understood that an employee has no complaint or grievance until he either directly or through the Union, has first given his immediate supervisor an opportunity to adjust the complaint. If, registering the complaint with the supervisor and such complaint is not settled within three (3) working days or within an longer period which may have been agreed to by the parties, then the following steps of the grievance procedure shall be followed: Step Within ten No. An employee having a question or complaint shall refer it to his immediate supervisor within five (5) working days following of the decision under Step actual occurrence leadingto the question or complaint. The supervisor shall reply to the employee and/or Grievance Committee shall submit giving the written grievance answer to the Director complaint or question within four (4) working days from the date of Labour Relations or her designatesubmission. Within ten days after Step No. If further action is then to be taken, the grievance has been referred shall be submitted in writing to her, the Director Administrator or designate either directly or through the Union within five (5) working days from the date of Labour Relations the supervisor’s response. The Administrator or her designate will shall meet with the employee and employee, union xxxxxxx and/or representative of the Grievance Committee to discuss International Union within five (5) working days from the receipt of the grievance. A representative The decision of may attend this meeting on request of either party. A written reply to the grievance will Administrator or his designate shall be given by in writing within five (5) days from the Director meeting. Step No. Should the Administrator fail to render his decision as required in Step Number or failing settlement of Labour Relations any grievance under the foregoing procedure arising from the interpretation, application, administration or her designate within ten days after alleged violation of this meeting has been held. If such reply Agreement, including any question as to whether a matter is not satisfactoryarbitrable, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between by either the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital Employer or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurredUnion. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration Arbitration is received within twenty five (205) working days after the decision under Step Number is given, it or within ten 0) working days following the meeting under Step Number of the grievance procedure, the grievance shall be deemed to have been settled abandoned and the same grievance shall not eligible for arbitrationbe the subject matter of a further grievance. For Any of the purpose time allowances above may be extended by mutual agreement of the parties. In determiningthe time within which any action is to be taken or completed under the terms of this Article and Articles and the term "days" Agreement, such time limits shall be defined as "exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinaryaction which is to be recorded in the employee’s personnel file, shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailablethe employee shall have the right to the presenceof a Union committee member or a member representative of the employee’s choice who is working days"on the current shift.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. Step Within ten days following An employee shall have the decision under Step right to grieve any complaint arising from the employee and/or Grievance Committee shall submit the written grievance to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to herapplication, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between the -Hospital and the Union concerning the interpretation, application administration or alleged violation of this agreementAgreement. It is understood that nothing contained in this Article is intended to preclude the informal discussion and review of employee concerns or complaints between employees and members of management. No employee shall have a grievance until the employee with the assistance of a Union representative if so desired, has given his or her immediate supervisor an opportunity to resolve the complaint. 602 STEP 1 It is the mutual desire of the parties hereto that grievances of employees be adjusted as quickly as possible and it is understood that if an employee has a grievance it shall be originated under Step Failing settlement under Step discussed with his or her supervisor within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty thirty (2030) days after of when the circumstances giving rise to the complaint grievance were known or should reasonably have occurredbeen known to the grievor in order to give the supervisor an opportunity of adjusting the grievance. Where no answer is The discussion shall be between the employee and/or union xxxxxxx, the supervisor and a representative of the Human Resources Department. The supervisor's response to the grievance shall be given within seven (7) days after such discussion. 603 STEP 2 Failing settlement, the time limits specified grievance may be taken up in the following manner and sequence provided it is presented within fifteen (15) days of the supervisor's reply to the grievance: the Union shall present the grievance procedure, in writing signed by the employee, in the case of an individual grievance, to the Vice-President, or designate, setting forth the nature of the grievance, and the remedy sought. The Vice-President or designate shall arrange a meeting with the Union or and a representative of the Hospital shall be entitled to submit Human Resources Department within seven (7) days of the grievance to the next step receipt of the grievance procedureat which the grievor, in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. Failing settlement The Vice-President or designate may have such assistance at the meeting as is considered necessary. The Vice- President or designate will give the Union a decision in writing within seven (7) days following the meeting with a copy to the grievor. 604 In the event the grievance has not been satisfactorily settled under the foregoing procedure Grievance Procedure, the matter shall then, by notice in writing given to the Employer within thirty (30) days of any grievance between the parties, arising date of the decision from the interpretationVice-President or designate, application or alleged violation of this agreement, such grievance may be submitted referred to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days"hereinafter provided.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement shall be defined as a difference or dispute arising between the Employer and any Employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner: Step Within Number 1 (Verbal) - An Employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employee, giving the answer to the complaint or question within five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under Step the employee and/or Grievance Committee shall submit foregoing procedure arising from the written grievance interpretation, application administration or alleged violation of the Agreement, including any question as to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply whether a matter is not satisfactoryarbitrable, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between by either the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital Employer or the Union as provided in this paragraph shall be commenced within twenty thirty (2030) days after the circumstances giving rise to the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) calendar days after the decision under Step Number 3 is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days".

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner. Step Within ten An employee having a question or complaint shall refer it to his immediate supervisor within five (5) calendar days following of the decision under Step actual occurrence leading to the question or complaint. At this stage, the employee and/or Grievance Committee may be accompanied by a Union Xxxxxxx, if he so desires. The supervisor shall submit the written grievance to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the employee giving the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. Step If further action is then to be taken, the grievance will shall be given by submitted in writing to the Director of Labour Relations Administrator or her his designate within ten five (5) calendar days after of the receipt of the supervisor's reply. This should include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five (5) calendar days to study the matter and make his reply. Step Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this meeting has been held. If such reply Agreement, including any question as to whether a matter is not satisfactoryarbitrable, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between arbitration by either the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital Employer or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurredUnion. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) ten calendar days after following the decision meeting under Step is givenof the Grievance Procedure, it the grievance shall be deemed to have been settled abandoned and the same grievance shall not eligible for arbitrationbe the subject matter of a further grievance. For In determining the purpose time within which any action is to be taken or completed under the terms of this Article and Articles and the term "days" Agreement, such time limits shall be defined as "exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right, if she so requests, to the presence of the Union Xxxxxxx or Union committee member or, if either of the above are not available, a member representative of the employee's choice who is working days"on the current shift.

Appears in 1 contract

Samples: negotech.labour.gc.ca

COMPLAINTS AND GRIEVANCES. Step Within ten days following The parties hereto shall meet promptly through their authorized representatives respectively to discuss and adjust any dispute and/or grievance which may arise between the decision under Step the employee and/or Grievance Committee parties. Every effort shall submit the written be exerted mutually to adjust any and all grievances which may arise. Any dispute or grievance to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with between the employee and the Grievance Committee employer shall be with as provided in the procedure in the following clauses. Step An employee having a complaint shall discuss it with his supervisor either alone or in the presence of his Xxxxxxx or Chief Xxxxxxx. The supervisor give his decision within three (3) working days following the discussion. Failing settlement at Step to discuss process a grievance it must be presented to the supervisor in writing at Step of the grievance procedure within five (5) working days from the time the circumstances upon which the grievance is based or were and will state the of this agreement that is claimed to be violated. Step The grievance shall be submitted in writing to the supervisor either directly or through the Union. The supervisor shall meet with the employee's Union Xxxxxxx within three (3) working days of the receipt of the grievance in an attempt to resolve the grievance. A representative of The may attend be present at this meeting on request of if requested by either partyParty. A written reply The supervisor shall within a three (3) working days to the grievance will be given by and return it to the Director Union Step If the grievance remains unsettled at the conclusion of Labour Relations or her designate within ten days after this meeting has been held. If such reply is not satisfactoryStep Two, the grievance may be referred submitted to Arbitration in accordance with Article the Human Resources Manager who shall within five (5) working days arrange a meeting between not more than three (3) members of this Agreement. A complaint or grievance arising directly between the -Hospital and the Union concerning Bargaining Committee and appropriate representatives of Management, in a final attempt to resolve the interpretationgrievance. The Human Resources Manager or their designee shall within a five (5) working days give his decision, application or alleged violation in writing, to the Union. Step If the grievance remains unsettled at the conclusion of this agreementStep Three, shall be originated under Step Failing settlement under Step within twenty days, it the grievance may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions Human Resources Manager who shall within five (5) working days arrange a meeting between not more than three (3) members of this paragraph may not be used by the Union Bargaining Committee and appropriate representatives of Management, in a final attempt to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and resolve the regular grievance procedure shall not thereby be bypassedgrievance. Any grievance by the Hospital or The Field Staff Representative of the Union and may be present at this meeting if requested by either Party. The Human Resources Manager or their designee shall within a five (5) working days give his decision, in writing, to the Union. If final of the grievance is not reached at Step Four (4)then the grievance may be referred in writing to Arbitration as provided in this paragraph shall be commenced Article Arbitration, at any time within twenty thirty (2030) calendar days after the circumstances giving rise decision is received under Step Four (4). When two (2) or more employees wish to file a grievance arising the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or same alleged violation of this agreementthe Agreement, such grievance may be submitted handled as a group grievance. The Union or the Company shall have the right to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) days after initiate a policy or a grievance of a general nature, and all provisions of the decision under Step is given, it Grievance and Arbitration Procedures shall be deemed apply to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days".such grievances

Appears in 1 contract

Samples: Collective Labour Agreement

COMPLAINTS AND GRIEVANCES. Step Within ten days following 601 An employee shall have the decision under Step right to grieve any complaint arising from the employee and/or Grievance Committee shall submit the written grievance to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to herapplication, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between the -Hospital and the Union concerning the interpretation, application administration or alleged violation of this agreementAgreement. It is understood that nothing contained in this Article is intended to preclude the informal discussion and review of employee concerns or complaints between employees and members of management. No employee shall have a grievance until the employee with the assistance of a Union representative if so desired, has given his or her immediate supervisor an opportunity to resolve the complaint. 602 STEP 1 It is the mutual desire of the parties hereto that grievances of employees be resolved as quickly as possible and it is understood that if an employee has a grievance it shall be originated under Step Failing settlement under Step discussed with his or her supervisor within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions fourteen (14) calendar days of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (20) days after when the circumstances giving rise to the complaint grievance were known or should reasonably have occurredbeen known to the grievor in order to give the supervisor an opportunity of adjusting the grievance. Where no answer is The discussion shall be between the employee and/or union xxxxxxx, the Supervisor and a representative of the Company. The supervisor's response to the grievance shall be given within seven (7) days after such discussion. 603 STEP 2 Failing settlement, the time limits specified grievance may be taken up in the following manner and sequence provided it is presented within fifteen (15) days of the supervisor's reply to the grievance: the Union shall present the grievance procedure, in writing signed by the employee, in the case of an individual grievance, to the Publisher, or designate, setting forth the nature of the grievance, and the remedy sought. The Publisher or designate shall arrange a meeting with the Union or and a representative of the Hospital shall be entitled to submit Human Resources Department within seven (7) days of the grievance to the next step receipt of the grievance procedureat which the grievor, in the case of an individual grievance, may attend, if requested by either party, and discuss the grievance. Failing settlement The Publisher or designate may have such assistance at the meeting as is considered necessary. The Publisher or designate will give the Union a decision in writing within seven (7) days following the meeting with a copy to the grievor. 604 In the event the grievance has not been satisfactorily settled under the foregoing procedure Grievance Procedure, the matter shall then, by notice in writing given to the Employer within thirty (30) days of any grievance between the parties, arising date of the decision from the interpretationPublisher or designate, application or alleged violation of this agreement, such grievance may be submitted referred to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days"hereinafter provided.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. A grievance under this Agreement shall be defined as a difference or dispute arising between the Employer and any Employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner:‌ Step Within Number 1 (Verbal) - An Employee having a question or complaint shall refer it to his immediate supervisor within ten (10) calendar days of the actual occurrence leading to the question or complaint. The supervisor shall reply to the Employee, giving the answer to the complaint or question within five (5) calendar days from date of submission. Step Number 2 (Written) - If further action is to be taken an Employee shall refer a written and signed grievance to his immediate supervisor within ten (10) calendar days of the Supervisor’s response in Step One (1). The Supervisor shall reply to the Employee, giving the answer to the complaint or question within fourteen (14) calendar days from date of submission in writing. Step Number 3 - If further action is to be taken, within fourteen (14) calendar days after the decision is given in Step Number 2, the Employee, who may request the assistance of his or her Union Committee member, shall submit the grievance in writing to the Executive Director. A meeting will then be held between the Executive Director or her designated representative and the Employee. It is understood that at such a meeting the Executive Director or her designated representative may have such counsel and assistance as she may desire, and that the Employee may have her Union Committee member and that the Staff Representative may also be present at the request of either the Employee or Employer. The decision of the Executive Director or her designated representative shall be given in writing within fourteen (14) calendar days following the meeting. Step Number 4 - Should the Executive Director fail to render her decision as required in Step Number 3, or failing settlement of any grievance under Step the employee and/or Grievance Committee shall submit foregoing procedure arising from the written grievance interpretation, application administration or alleged violation of the Agreement, including any question as to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply whether a matter is not satisfactoryarbitrable, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between by either the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital Employer or the Union as provided in this paragraph shall be commenced within twenty thirty (2030) days after the circumstances giving rise to the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) calendar days after the decision under Step Number 3 is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days".

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. complaints and grievances shall be taken up in the following manner. Step Within ten An employee having a question or complaint shall refer it to his immediate supervisor within five (5) calendar days following of the decision under Step actual occurrence leading to the question or complaint. At this stage, the employee and/or Grievance Committee may be accompanied by a Union Xxxxxxx, if he so desires. The supervisor shall submit the written grievance to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the employee giving the answer to the complaint or question as soon as possible, but no later than five (5) calendar days from the date of submission. Step If further action is then to be taken, the grievance will shall be given by submitted in writing to the Director of Labour Relations Administrator or her his designate within ten five (5) calendar days after of the receipt of the supervisor‘s reply. This should include the nature of the Grievance and the remedy sought. The Administrator or his designate shall have five (5) calendar days to study the matter and make his reply. Step Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of any grievance under the foregoing procedure arising from the interpretation, application, administration or alleged violation of this meeting has been held. If such reply Agreement, including any question as to whether a matter is not satisfactoryarbitrable, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between arbitration by either the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital Employer or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurredUnion. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) ten calendar days after following the decision meeting under Step is givenof the Grievance Procedure, it the grievance shall be deemed to have been settled abandoned and the same grievance shall not eligible for arbitrationbe the subject matter of a further grievance. For Any of the purpose time allowances above may be extended by mutual agreement of the parties. In determining the time within which any action is to be taken or completed under the terms of this Article and Articles and the term "days" Agreement, such time limits shall be defined as "exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in the employee’s personnel file, shall have the right to the presence of a Union Xxxxxxx. The Union Stewards undertake to be reasonably available in person or by telephone for such meeting. In extraordinary circumstances when a Union Xxxxxxx is entirely unavailable the employee shall have the right to the presence of a Union committee member or a member representative of the employee’s choice who is working days"on the current shift.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner. An employee having a question or complaint shall refer it to his immediate supervisor within four (4) working days of the actual occurrence leading to the question or complaint. The Supervisor shall reply to the employee, giving the answer to the complaint or question within four (4) working days from the date of submission. Step Within ten Should any employee feel that his complaint or grievance has not been satisfactorily settled at Step he may within five (5) working days following after the decision under at Step refer the employee and/or Grievance Committee shall submit the written grievance matter in writing to the Director of Labour Relations care or her designatethe Administrator. Within ten days after The nature of the grievance, the Article of the Agreement that has been violated, misapplied or misinterpreted and the relief or remedy sought shall be clearly set out in the grievance has been referred to her, which shall be dated and signed by the Director of Labour Relations A meeting will then be held between the Administrator or her designate will meet with his designated representative and the employee. It is understood that at such meeting the Administrator or his designated representative may have such counsel and assistance as he may desire and that the employee may have his xxxxxxx and that the Grievance Committee to discuss of the grievance. A representative Union or an International Representative of the Union may attend this meeting on also be present at the request of either partythe employee or the Employer. A written reply to The decision of the grievance will Administrator or his designated representative shall be given by in writing within five working days following the Director meeting. Should the Administrator or his designate fail to render his decision as required in Step or failing settlement of Labour Relations any grievance under the foregoing procedure arising from the interpretation, application, administration or her designate within ten days after alleged violation of this meeting has been held. If such reply Agreement, including any question as to whether a matter is not satisfactoryarbitrable, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between arbitration by either the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital Employer or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurredUnion. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty five (205) working days after the decision under Step is givengiven or within ten (IO) working days following the meeting under Step of the grievance procedure, it the grievance shall be deemed to have been settled abandoned and the same grievance shall be deemed to have been abandoned and the same grievance shall not eligible for arbitrationbe the subject matter of further grievances. For Any of the purpose time allowances above may be extended by mutual agreement of the parties. In determining the time within which any action is to be taken or completed under the terms of this Article and Articles and the term "days" Agreement, such time limits shall be defined as "exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in the employee's personnel file, shall have the right, if she so requests, to the presence of the Union Xxxxxxx or Union committee member or, if either of the above are not available, a member representative of the employee's choice who is working days"on the current shift.

Appears in 1 contract

Samples: Collective Agreement

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COMPLAINTS AND GRIEVANCES. Step Within ten days following (a) A grievance under this agreement shall be defined as any difference or dispute between the decision under Step the Employer and any employee and/or Grievance Committee shall submit the written grievance relating to the Director interpretation, application or administration of Labour Relations this agreement, including any questions as to whether the matter is arbitrable, and an allegation that this agreement has been violated. The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. All complaints and grievances shall be taken up in the, following manner: Step An employee having a question or her designatecomplaint shall refer it to his immediate supervisor within eight (8) working days of the actual occurrence leading to the question or complaint. Within ten The supervisor shall reply to the employee, giving the answer to the complaint or question within four working days after from date of submission. No grievance shall be considered: Where circumstances giving rise to it occurred or originated more than eight (8) working days before the filing of the grievance except in the case of monetary items. It is understood that an employee has no grievance until the matter has been referred to herhis immediate supervisor and an opportunity given to adjust the complaint. Step Number If further action is then to be taken, then within five (5) working days after the decision is given in Step Number the employee, who may request the assistance of his or her Xxxxxxx, shall submit the grievance writing to the Administrator or designate. A meeting will then be held between the Administrator or designated representative and the employee. It is understood that at such a meeting, the Director of Labour Relations Administrator or her designate will meet with his designated representative may have such counsel and assistance as he may desire, and that the employee may have his Xxxxxxx and that the Grievance Committee to discuss Union Representative, or an International Representative of the grievance. A representative of Union may attend this meeting on also be present at the request of either partythe employee or the Employer. A written reply to The decision of the grievance will Administrator or his designated representative shall be given by in writing within five (5) working days following the Director meeting. Step Number Should the or designate fail to render his decision as required in Step No. or failing settlement of Labour Relations any grievance under the foregoing procedure arising from the interpretation, application, administration or her designate within ten days after alleged violation of this meeting has been held. If such reply agreement, including any question as to whether a matter is not satisfactoryarbitrable, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between by either the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital Employer or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurredUnion. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration Arbitration is received within twenty five (205) working days after the decision under Step No. is given, it or within ten (10) working days following the meeting under Step No. of the grievance procedure, the grievance shall be deemed to have been settled abandoned and the same grievance shall not eligible for arbitrationbe the subject matter of a further grievance. For Any of the purpose time allowances above may be extended by mutual agreement of the parties. In determining the time within which any action to be taken or completed in the grievance procedure under the terms of this Article Agreement, such time limits and Articles and the term "days" terms shall be defined as "exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in the employee's personnel file shall have the right, if she so requests, to the presence of the Union xxxxxxx or Union committee member or, if either of the above are not available, a member representative of the employee's choice who is working days"on the current shift.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. Step (a) A grievance under this Agreement shall be defined as any difference or dispute between the Employer and any employee relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. All complaints and grievances shall be taken up in the following manner In determining the time within which any action is to be taken or completed under the terms of this Agreement, such time limits shall be exclusive of Saturdays, Sundays and paid holidays. An employee subject to disciplinary action which is to be recorded in the employee s personnel file, shall have the right, if she so requests, to the presence of the Union Xxxxxxx or Union Committee member or, if either of the above are not available, a member representative of the employees choice who is working on the current shift. Letters of discipline are to be removed from an record after eighteen (18) months from the date of discipline, except in the case of third party interface (i.e. residents and family) where the record will remain on file. shall mean a complaint or claim concerning improper discipline or discharge save and except a discharge or discipline under Article hereof, or a dispute with reference to the interpretation or alleged violation of this Agreement. No complaint or grievance may be submitted or considered under the grievance procedure unless it has been presented within five (5) working days from the time of its occurrence. Having provided a written request to the Administrator at least one week in advance, an employee shall be entitled to her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein in the presence of a supervisor at a mutually satisfactory time. It is understood and agreed that an employee is not entitled to see job references. Any differences, disputes or complaints arising over the interpretation or application of this agreement shall be submitted in writing, in triplicate, on forms supplied by the Union and signed by the aggrieved employee. There shall be an xxxxxxx effort on the part of both parties to settle such grievance promptly through the following steps: STEP A conference between the aggrieved employee and his immediate superior. The employee may be accompanied by his xxxxxxx or a Union representative. The immediate superior shall give his decision within two (2) full working days. Failing settlement, then.. STEP Within ten five (5) full working days following the decision in Step an official or officials of the Union shall meet with representatives of the Employer, at which time the written record of the grievance shall be presented. The decision shall be given in writing within five (5) full working days following this meeting. STEP Failing settlement under Step the employee and/or Grievance Committee shall submit the written grievance to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly any difference between the -Hospital and the Union concerning parties arising from the interpretation, application administration, or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty daysincluding any question as to whether a matter is arbitrable, it such difference may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted taken to arbitration as set forth in Article If hereinafter provided, and if no written request for arbitration is received within twenty ten (2010) full working days after the decision under in Step is given, it shall be deemed to have been settled abandoned. The time limits set out in this grievance procedure are mandatory and not eligible merely directory; however, the parties may mutually agree in writing to extend such time limits. Accordingly, a grievance which is not processed within the time limits set out herein shall be deemed to have been abandoned. ARTICLE ARBITRATION PROCESS Arbitration Process When either party requests that a grievance be submitted to Arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first nominee to the Board of Arbitration. The recipient of the notice shall, within ten days thereafter designate its nominee to the Board of Arbitration. The two (2) so nominated shall endeavour, within ten (10) days after the appointment of the second of them, to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon a third person as Chairman within ten days after the appointment of the second one of them, then either party may request the Ministry of Labour for arbitrationthe Province of Ontario to appoint the third member as Chairman of the Board of Arbitration. For The said two nominees first appointed shall be at liberty prior to the purpose expiration of ten days from the date of the appointment of the second of them, or prior to the appointment of the Chairman within the said period of ten (10) days, to discuss the grievance submitted to them with a view to mutual settlement. No person may be appointed as an Arbitrator who has been involved an attempt to negotiate or settle the particular grievance concerned. Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one-half of the expenses and fees of the Chairman. The Board of Arbitration shall have authority only to settle disputes under the terms of this Article Agreement and Articles only to interpret and apply this Agreement to the facts of the grievance involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairman shall govern. All agreements reached under the grievance and Arbitration procedures between the Employer and its representatives and the term "days" Union and its representatives will be final and binding upon the Employer, the Union and the involved. Any grievance involving the interpretation or application, administration or alleged violation of this Agreement which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any Arbitration shall be defined awarded to or against any party. At any stage of the grievance procedure, including Arbitration, the parties may have the assistance of the employee (or employees) concerned as "a witness, all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the Nursing Home to view any working days"conditions which may be relevant to the settlement of the grievance, at a reasonable time so as not to interfere with the function of the Nursing Home.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. Step Within ten The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. No grievance shall be considered: Where circumstances giving rise to it occurred or originated more than eight working days following before the decision under Step the employee and/or Grievance Committee shall submit the written grievance to the Director filing of Labour Relations or her designate. Within ten days after the grievance except in the case of monetary items. It is understood that an employee has no grievance until the matter has been referred to herhis immediate supervisor and an opportunity given to adjust the complaint. A grievance of an employee properly arising under this Agreement shall be adjusted and settled as follows: Step The aggrieved employee shall present his grievance in writing, stating the Director nature of Labour Relations or her designate will meet with the grievance, to his immediate Supervisor. He shall have the assistance of his Xxxxxxx if he so desires. If a settlement satisfactory to the employee concerned is not reached within four working days (or any longer period which may be mutually agreed upon) the next step in the grievance procedure may be taken at any time within four working days thereafter. The aggrieved employee may submit his grievance to the Department Head who shall consider it in the presence of the person or persons presenting same and the Grievance Supervisor, and render his decision in writing. The aggrieved employee shall have the assistance of his Xxxxxxx, if he so desires. Should no settlement satisfactory to the employee be reached within four working the next step in the grievance procedure may be taken at any time within four working days thereafter. The aggrieved employee may submit his grievance in writing to the Administrator. The Union Administrative Committee to discuss as constituted under Article hereof may be present at this stage of the grievance. A representative of may attend this meeting on request of either party. A written reply The said Committee may have the assistance of a general representative of the Union if they so desire. The Administrator shall have five working days to study the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been heldmatter and make his reply. If such they reply of the Administrator or designate is not satisfactory, the grievance may be referred satisfactory to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital matter shall then be entitled to submit the grievance referred within five working days to the next step Manager of Labour Relations, Royalcrest. The Manager, Labour Relations, or his designate shall give his reply as soon as possible, but in no case shall more than ten working days elapse before a reply is received, unless by mutual consent of the parties. Failing a satisfactory settlement being reached in Step either party may, on giving ten working days notice in writing to the other party of its intention, refer the dispute to Arbitration and the following rules governing Arbitration shall apply. Where the employee's immediate Supervisor and Department Head are one and the same person, Step will be omitted and the may proceed from Step to Step An employee subject to disciplinary action which is to be recorded in the employee's personnel file shall have the right, if she so requests, to the presence of the Union xxxxxxx or Union committee member or, if either of the above are not available, a member representative of the employee's choice who is working on the current shift. Any of the time allowances above may be extended by mutual agreement of the parties. Saturdays, Sundays, and paid holidays designated within this Agreement will not be counted in determining the time within which any action is to be taken or completed under each of the steps of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days".

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. Complaints and grievances shall be dealt with in the follow- ing manner. grievances must be in writing (Step Within ten excepted), and filed within seven (7) working days following of the decision under Step alleged grievance. If an employee has a complaint, he shall, with or without his xxxxxxx, take the matter up orally with his district supervisor. The district supervisor will give his answer to the complaint within two (2) working days after it has been brought to his attention. For the purpose of this clause, district supervisor shall include district supervisor, inspection supervisor, traffic xxxxxxx, service centre supervisor and survey supervisor. If the reply of the district supervisor is not satisfactory, the complaint shall be stated in writing as a grievance an within five (5) working days after the district given his answer, be submitted by the employee and/or Grievance Committee and a xxxxxxx to the section manager. Within two (2) working days after receipt, the section manager will commence discussion with the employee and his xxxxxxx, and will his reply, in writing, within a further two (2) working days. For the purpose of this clause, Section Manager shall submit include Manager Public Works for all areas except Service Centre, which will be Director Fleet Maintenance. step If the written reply of the Section Manager is not satisfactory, the grievance may, within five (5) working days, be referred to the Director of Labour Relations Engineering and Works or her designate. Within ten , or the Corporate Director responsible for the Service Centre or designate, and such other representative as may be chosen to represent the City, will meet with the Union Committee to discuss the grievance within five (5)working days after the grievance it has been referred to herthis step. At this meeting, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A a full-time representative of the Union may attend this meeting on request of be present if his presence is requested by either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten five (5) working days after this the meeting has been held. If such reply a grievance is not satisfactorysettled to the satisfaction of either party to this Agreement by the procedure outlined above, then either such party may, within seven (7) working days, refer the grievance may be referred to Arbitration in accordance with Article of this Agreement. A complaint or grievance arising directly between the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty days, it may be submitted to arbitration in accordance Article However, it is expressly understood that with the provisions contained in Article Any of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as time allowances provided in this paragraph shall Article may be commenced within twenty (20) days after extended by mutual agreement between the circumstances giving rise to the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedure, the employee, City and the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days"Committee.

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. Step Within ten days following When a difference arises between the decision under Step Employer and an Employee concerning the employee and/or Grievance Committee shall submit the written grievance to the Director interpretation, application, operation or an alleged violation of Labour Relations or her designate. Within ten days after the grievance has been referred to herthis Agreement, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee Employee shall continue to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her designate within ten days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration work in accordance with Article the Agreement until the difference is settled, except in the case of this Agreementsuspension or dismissal. A complaint or An Employee shall have the right to be accompanied by a Union Representative at each step of the grievance process. Every effort shall be made to resolve all complaints and grievances in the following manner: Employees believing they may have a problem arising directly between the -Hospital and the Union concerning out of the interpretation, application or alleged violation of this agreementCollective Agreement shall first discuss the matter with their immediate Supervisor within days of becoming aware of, or reasonably should have become aware of, the occurrence. Immediate Supervisor means that person from whom the Employee normally receives work assignments. Every effort shall be originated under Step Failing settlement under made by both parties to resolve the problem at this level. The Immediate Supervisor shall advise the Employee of the decision within days of discussing the matter. Employees alleging dismissal or suspension without just cause may commence their grievance at Step within twenty daysdays of the occurrence. If no resolution at Step then go to: Within days of the Step decision, the grievance may be forwarded, in writing, by the Union to the Employee’s specifying the nature of the grievance and the redress sought. The may meet with the Union and the Employee within days of receipt of the grievance. In any event a decision, in writing, will be rendered within days of the meeting being held. If no resolution at Step then go to: Within days of receipt of the decision at Step the Union may submit the grievance, in writing, to the General Within days of receipt of the grievance the General shall meet with the Union and the Employee to discuss the grievance and shall render their decision, in writing, within days of the meeting being held. Should satisfactory resolution of the matter not be achieved it may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassedArbitration. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedureStep -Arbitration As per applicable Alberta legislation, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request for arbitration is received within twenty (20) days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days".following will apply:

Appears in 1 contract

Samples: Collective Agreement

COMPLAINTS AND GRIEVANCES. Step It is understood that an employee has no grievance until she has first given for immediate supervisor an opportunity of adjusting her complaint. Such complaint shall be discussed with their immediate supervisor within ten (10) days after the circumstances giving rise to the compliant have occurred, and failing settlement, it shall be taken up as a grievance within ten days following manner and sequence: The Employee, with the assistance of a Xxxxxxx shall submit a written grievance signed by the employee, to her immediate supervisor. The immediate supervisor will deliver the decision in writing within ten days following the day on which the grievance was presented. Failing settlement then: Within ten (10) days following the decision under Step the employee and/or Grievance Committee shall submit the written grievance to the Director of Labour Relations or her designate. Within ten days after the grievance has been referred to her, the Director of Labour Relations or her designate will meet with the employee and the Grievance Committee to discuss the grievance. A representative of may attend this meeting on request of either party. A written reply to the grievance will be given by the Director of Labour Relations or her his designate within ten (10) days after this meeting has been held. If such reply is not satisfactory, the grievance may be referred to Arbitration in accordance with Article of this Agreementagreement. A complaint or grievance arising directly between the -Hospital Hospital and the Union concerning the interpretation, application or alleged violation of this agreement, shall be originated under Step Failing settlement under Step within twenty (20) days, it may be submitted to arbitration in accordance with Article However, it is expressly understood that the provisions of this paragraph article may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (20) days after the circumstances giving rise to the complaint have occurred. Where no answer is given within the time limits specified in the grievance procedure, the employee, the Union or the Hospital shall be entitled to submit the grievance to the next step of the grievance procedure. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such grievance may be submitted to arbitration as set forth in Article If no written request requests for arbitration is received within twenty (20) days 20)days after the decision under Step is given, it shall be deemed to have been settled and not eligible for arbitration. For the purpose of this Article and Articles and the term "days" shall be defined as "working days".

Appears in 1 contract

Samples: negotech.labour.gc.ca

COMPLAINTS AND GRIEVANCES. Step Within ten days following It is the decision mutual desire of the parties to this Agreement that complaints of employees shall be dealt with as quickly as possible. Grievances arising under Step the employee and/or Grievance Committee this Agreement shall submit the written grievance to the Director of Labour Relations or her designatebe adjusted and settled as follows. Within ten days after the circumstances giving rise to the grievance has been referred to heroccurred or originated (except in the case of a discharge grievance, which may be presented within five (5) working days), the Director of Labour Relations or her designate will meet with grievance shall be presented to the employee Employer in writing and the Grievance Committee parties shall meet within five (5) working days in an endeavour to discuss settle the grievance. A representative of may attend If a satisfactory settlement is not reached within five (5) working days from this meeting on request of either party. A written reply to meeting, then the grievance will may be given by submitted to a committee consisting of two (2) members of the Director Union and two (2) members of Labour Relations or her designate the Association at any time within ten five (5) days after this meeting has been held. If such reply thereafter, and not later, and if a satisfactory settlement is not satisfactoryreached within five (5) days from this meeting, the grievance may be referred submitted to Arbitration arbitration as provided for in accordance Article below. Grievances dealing with Article of this Agreement. A complaint or grievance arising directly between the -Hospital and the Union concerning the interpretation, application or alleged violation of this agreementpayment for hours of work, shall be originated under Step Failing settlement under Step within twenty daysrates of pay, it overtime, vacation and statutory holiday pay, shift premium, travelling expenses, room and board allowances, pension and welfare contributions, reporting allowances and dues may be submitted to arbitration in accordance Article However, it is expressly understood that the provisions of this paragraph may not be used by the Union to institute a complaint or grievance directly affecting an employee, or employees, which such employee or employees could themselves institute brought forward within one-hundred and the regular grievance procedure shall not thereby be bypassed. Any grievance by the Hospital or the Union as provided in this paragraph shall be commenced within twenty (20120) days after the circumstances giving rise to the complaint have occurredgrievance were known by Union Representative. Where no answer discipline is given within the time limits specified in the grievance procedure, the being imposed upon an employee, shall have the Union or the Hospital shall be entitled to submit the grievance right to the next step presence of a xxxxxxx or union representative providing that the grievance procedurexxxxxxx or representative is available. Failing settlement under the foregoing procedure of any grievance between the parties, arising from the interpretation, application or alleged violation of this agreement, such ARTICLE ARBITRATION No grievance may be submitted to arbitration which has not been properly processed through the grievance procedure as set forth herein provided. When either party requests that a grievance be submitted to arbitration, the party making the request shall do so in Article writing addressed to the other party and at the same time appoint an arbitrator. Within five (5) working days thereafter, the other party shall appoint an arbitrator. The two (2) arbitrators so appointed will meet at their earliest convenience and attempt to select, by agreement, a third (3rd) person who shall act as Chairman of the Arbitration Board. If no written they are unable to agree on a Chairman within five (5) days, they will then request for arbitration is received within twenty (20) days after the Minister of Labour of the Province of Ontario to appoint an impartial Chairman. No person may be appointed as an arbitrator who has been involved in an attempt to settle the grievance. Each of the parties hereto will bear the expense of the arbitrator it appoints. The parties will jointly bear the expenses, if any, of the Chairman. The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, add to, modify or amend any part of the said Agreement or its schedules. The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision under Step is given, it shall of the Chairman will be deemed to have been settled and not eligible for arbitration. For binding upon the purpose of this Article and Articles and the term "days" shall be defined as "working days"parties hereto.

Appears in 1 contract

Samples: Demolition Agreement

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