Common use of GRIEVANCE PROCEDURE AND ARBITRATION Clause in Contracts

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of a dispute concerning the interpretation, application or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute shall be settled without interruption of the Company's business in the following manner: Step One: Prior to filing a formal grievance, an employee shall, within five (5) working days after the circumstances giving rise to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of a dispute concerning Any problem arising in connection with the interpretation, application or interpretation of the provisions of this Agreement which cannot be amicably adjusted between an employee of the Hospital represented by the Union and a representative of the Hospital designated by management shall be referred in writing by either party involved to an Adjustment Board 1187-5774 San Leandro Hospital 2016-2020 17 I composed of two (2) representatives of the Hospital and two (2) representatives of the Union. No grievance or complaint shall be considered unless it has been first presented within thirty (30) days of the alleged violation occurrence thereof. In the event the grievance concerns discharge of any clause in this agreementan employee, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute shall the grievance must be settled without interruption of the Company's business in the following manner: Step One: Prior to filing a formal grievance, an employee shall, presented within five (5) working days following discharge. The Board shall take up the matter within forty eight (48) hours after the circumstances giving rise submission, if possible. Any decision by a majority of three (3) votes shall be final and binding upon both parties, subject to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verballylimitations herein provided. The Supervisor Board shall have no power to add to, subtract from, or his designate shall respond verbally within two (2) working days change any of the discussionterms or provisions of this Agreement. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One Jurisdiction shall extend solely to claims of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a specific written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement and involve only the interpretation and application of such Agreement. In The award shall be based upon the event agreement Joint submission Agreement of the parties, or, in the absence thereof, the questions raised by the parties in respect to an arbitrator cannot the specific interpretation and application of the Agreement. Without limitation upon the foregoing, if either party shall give notice of a desire to modify this Agreement as provided in Article XI, Section 1, the Board shall have no power to determine what modifications or changes, if any, should be reached made in the Agreement or otherwise to decide any question with respect thereto, other than the sufficiency and effect of the notice itself. If within fifteen (15) working days either party may apply after submission of any matter, a decision as above described is not reached, then the Board shall select a fifth member who shall serve as impartial chairman of the Board. A decision by a majority of the five (5) members of the Board shall be final and binding upon both parties, subject to the Minister limitations on jurisdiction and authority contained in the preceding paragraph. Each party shall bear all the expenses of Labourits own members on the Board of Adjustment and its witnesses. The fees of the impartial chairman, Province of Ontario to appoint an arbitratoras well as other expenses connected with the formal hearing, shall be borne equally by both parties. In the case of a suspension or The Employer shall not discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee)discipline, where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxxor suspend any engineer without just cause.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A 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, he shall discuss it with his supervisor within fifteen days of the occurrence or origination of the circumstances giving rise to the grievance in order to give his supervisor an opportunity of adjusting his grievance. The discussion shall be between the employee and his supervisor but each party may elect to have another person in attendance. The supervisor’s response to the grievance shall consist be given with five days after the discussion with the employee. For the purpose of this Article, supervisor shall mean the employee’s Bureau Chief or person designated by the Bureau Chief. Failing settlement, the grievance may be taken up in the following manner and sequence provided it is presented within fifteen days of the supervisor’s reply to the grievance; the employee or the Guild shall present the grievance in writing signed by the employee to the Bureau Chief setting forth the nature of the grievance, the article number of the Agreement alleged to have been violated, the surrounding circumstances and the remedy sought. The Bureau Chief or his designate shall arrange a dispute concerning meeting with the Guild within ten days of the receipt of the grievance at which the may attend, if requested by either party, in the company of the Guild representative and discuss the grievance. The Bureau Chief or his designate may have such assistance at the meeting as he considers necessary. The Bureau Chief or designate will give the Guild a decision in writing within ten days following the meeting with a copy to the Failing settlement of the grievance, the and/or the Guild shall, within ten days of receiving the reply of the Bureau Chief or his designate, present the grievance in writing to the Manager of Employee Relations. The Manager of Employee Relations or his designate shall arrange a meeting within thirty days of his receipt of the grievance with the National Grievance Committee of the Guild for the purpose of discussing the grievance. The Manager of Employee Relations or his designate will give the his decision within ten days following the meeting. In the event any difference arising from the interpretation, application application, administration or alleged contravention of this Agreement has not been satisfactorily settled under the alleged violation foregoing Grievance Procedure, the matter shall then, by notice in writing given to the other party within twenty-one days of any clause in this agreementthe date of the decision from the Manager of Employee Relations or his designate, be referred to arbitration as hereinafter provided. Any matter so referred to arbitration, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute shall be settled without interruption heard by a Board of three arbitrators composed of an arbitrator appointed by each of the Company's business in Employer and the following manner: Step One: Prior Guild and a third arbitrator who shall be Chairman. The notice of the party referring the decision to filing a formal grievance, an employee arbitration shall contain the name of its appointee to the Arbitration Board. The recipient of the notice shall within fifteen days advise the other party of the name of its arbitrator. The two arbitrators so appointed shall, within five (5) working days after the circumstances giving rise to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working fifteen days of the discussionappointment of the second of them, appoint a third person who shall be Chairman. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One recipient of the Grievance procedurenotice fails to appoint an Arbitrator, or if the two appointees fail to agree upon a Chairman, within the time limited, the Grievance appointment shall be reduced to writing made by the Grievor Federal Minister of upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the Xxxxxxx within five (5) working days decision shall be final and presented to binding upon the General Manager or their designateparties and upon any employee affected by it. The General Manager decision of a majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairman will govern. The Arbitration Board shall not be to alter, modify or their designate amend any part of the terms of this Agreement nor to make any decision inconsistent therewith. No matter shall arrange be considered by the arbitrators nor shall they render any decision in connection therewith unless and until a meeting with majority of them have first decided that such matter a proper grievance under this Agreement. The Employer and the Grievor Guild shall each pay one-half the remuneration and Xxxxxxx to discuss expenses of the Grievance within five (5) working days Chairman of receiving the Grievance Arbitration Board and shall give a written response each pay the remuneration and expenses of its arbitrator. Neither party shall be obligated to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two pay any part of the grievance procedurecost of any stenographic transcript of an arbitration hearing without its express consent. It is agreed that the time limits set out with respect to grievances and arbitrations are mandatory and in the event of failure to act within the time limits, the grievance shall be submitted deemed to Vice President of Operations or their designatebe abandoned. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management RepresentativesHowever, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days time limits imposed upon either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company any step in Step Two and Three of the grievance procedure may be extended by mutual agreement. A request for extension of the employee time limit made prior to the of such time limit shall not be accompanied by a union xxxxxxxdenied on an arbitrary basis.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A [Prairie Region see Appendix It is the spirit and intent of this Agreement to adjust grievances promptly. All grievances shall be presented in writing within fifteen days from the date there is evidence of a violation having occurred. The procedure for the adjustment of a grievance shall consist be as follows. Step No. Between the aggrieved employee and/or his xxxxxxx and the Employer’s representative. If no settlement satisfactory to the griever is achieved within four days the grievance must be pursued within the following ten days. Step No. Between the aggrieved employee, his xxxxxxx and the local Union representative or designate, and the Employer’s representative. At this stage the grievance must be submitted in writing provided that a reference in the grievance to any section of the Agreement shall not preclude argument based on any other section of the Agreement. If no settlement satisfactory to the griever is achieved within four days the grievance must be pursued within the following ten days. Step No. Between a designated Council Representative and an official of the Employer. If no settlement satisfactory to the employee concerned is achieved within four days of the commencement of Step No. 1 or Step No. 2 the grievance must be pursued at the next step within the following ten days. Step No. If any dispute or grievance concerning the interpretation, application or the alleged violation of this Agreement cannot be settled through the procedure described above within ten working days, the matter may be submitted by the Council or the Employer for adjudication to a Board of Arbitration at any clause in time within ten days following the completion of Step No. This Board shall consist of three arbitrators, one appointed by each party to this agreementAgreement and the third, including any question who shall act as the chairman, to whether a matter is arbitrable and including a claim be selected by the two so appointed. In the event that an employee has been discharged or suspended or disciplined without just cause. Such dispute the other party does not appoint its arbitrator within five days, the appointment shall be settled without interruption made by the appropriate Minister of Labour. In the event the two arbitrators appointed cannot within five days select a third arbitrator who is willing to serve, the two arbitrators shall jointly request the appropriate Minister of Labour to designate the third arbitrator who shall act as the chairman. A copy of the Company's business grievance and the referral to arbitration shall be sent via fax to the Directors for the region at the time of the referral. Failure to do so shall give the a right to adjournment of the hearings. The Board when selected or appointed, will proceed as soon as practicable, to examine the dispute or grievance and render its judgment. The decision of the Board of Arbitration, or a majority thereof, shall be final and binding and accepted by both parties for the duration of the Agreement. The Board of Arbitration shall not be to make any decisions inconsistent with the provisions of the Agreement, nor to alter, modify or amend any part of this Agreement. In arbitration proceedings, each party shall pay the expenses of its arbitrator, and the expenses of the chairman shall be shared equally by the parties, Any grievance instituted by the Employer may be referred in writing to the following manner: Step One: Prior to filing a formal grievance, an employee shall, Council within five (5) working fifteen full days after of the occurrence of the circumstances giving rise to the grievance has occurred or should reasonably have become known to grievance, and the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate Council shall respond verbally meet within two (2) ten working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting thereafter with the Grievor and Xxxxxxx Employer to discuss consider the Grievance within five (5) working days grievance. If final settlement of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance completed within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or dischargesuch meeting, the grievance may be submitted referred, by either party, to a Board of Arbitration as provided in Article at Step Three any time within ten calendar days thereafter, but not later. Where an Employer is in default on any obligation to the Council or an affiliated Union, the council or the affiliated Union may file a grievance commencing with a meeting between the designated Council representative and an official of the Employer. Failing settlement the grievance process. Except may be pursued to arbitration as provided by Article The may refer a grievance concerning violation of Article to arbitration at Step One (unless by request any time after the tenth day of the concerned employee), where month following the employee has a grievance meeting with month in which the Company remission(s) is (are) due. It is agreed that notes taken during negotiations are not admissible evidence in Step Two and Three of any legal proceedings involving the grievance procedure the employee shall be accompanied by a union xxxxxxxcollective agreement.

Appears in 1 contract

Samples: Quality Control Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 18.01 A grievance shall consist of may arise only from a dispute concerning the interpretation, application application, administration or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just causethe Collective Agreement. Such dispute shall A grievance will be settled without interruption of the Company's business submitted in the following manner: Step One An employee having a grievance will discuss same with the Cafeteria manager. If it is not resolved, it shall then be submitted in writing within five (5) days to the Employer and the employee shall have the assistance of a xxxxxxx or other officer of the Union if he or she so desires. The Employer shall deal with the grievance and give an answer in writing, not later than the second working day, following the day upon which the grievance was received. Step Two If the decision of the Employer is not satisfactory to the employee concerned, he or she shall appeal it in writing within seven (7) working days following receipt of the decision in Step One: Prior to filing . The Employer will arrange a formal grievancemeeting with the Union President or his/her appointee and the grievor involved not later than seven (7) working days following the day upon which the grievance was appealed. At this meeting, an employee shallany authorized Union representative from District 6 (United Steelworkers of America), may be in attendance. The Employer or his/her representative shall give its answer in writing within seven (7) working days, following the date of the meeting. No grievance shall be considered the alleged circumstances of which occurred more than five (5) working days after the circumstances giving rise prior to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days submission of the discussiongrievance. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedureIn addition, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If if the grievance is not resolved at Step Two of processed within the grievance proceduretime limits set forth in this article (unless by mutual agreement), then the grievance shall be submitted considered to Vice President have been dropped. In the event that arbitration of Operations or their designate. The Vice President of Operations or designate shalla grievance is desired by either party, within then the other party shall be notified in writing not less than ten (10) working days from after the day receipt of the General Manager rendered his decision, arrange for a meeting between Management Representatives, answer in Step Two. Such notice shall contain the Grievor, name of the Xxxxxxx and appointee to the Business Representative or his designate to discuss Board of Arbitration named by the Grievanceparty invoking arbitration. The Company shall give a written response recipient of the notice shall, within seven (7) working days, advise the other party of the name of its appointee to the grievance Board of Arbitration. The two appointees so selected shall, within five seven (57) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration appointment of the arbitrator second of them, appoint a third party who shall be borne in equal amounts by the Union and chairman. If the Company. The Arbitrator shall not have two (2) appointees fail to agree upon a chairman within the power to altertime limit, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to then the Minister of Labour, Labour for the Province of Ontario to upon the request of either party, shall appoint an arbitratorimpartial chairman. In the case of a suspension or discharge, the grievance may be submitted at Step Three The majority decision of the grievance process. Except at Step One (unless by request Board of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee Arbitration shall be accompanied final and binding upon the parties and upon any employees affected by a union xxxxxxxit.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A Where the term appears within this Article, it shall be construed to exclude Saturdays, Sundays, and General Holidays as set out in Article In this Article, a grievance shall consist only of a dispute concerning the interpretation, interpretation and application or the alleged violation of any clause of this Agreement, alleged violations of the Agreement and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of this agreement, including Agreement. If any question arises as to whether a matter particular dispute is arbitrable or is not a grievance, within the meaning of these provisions, the questions may be taken up through the grievance procedure and including a claim that an employee has been discharged or suspended or disciplined without just causedetermined, if necessary, by arbitration. Such dispute There shall be settled without interruption an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps. Prior to a being submitted to arbitration, the Company and the Union shall jointly agree in writing on the issue to be submitted to arbitration. Section Any employee covered by this Agreement when called into the office for any discussion concerning disciplinary action or a grievance may, upon request, be accompanied by a Xxxxxxx and/or business agent. During any of the Company's business in the following manner: Step One: Prior to filing a formal grievance, an employee shall, within five (5) working days after the circumstances giving rise to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two steps of the grievance procedure, the aggrieved employee must be accompanied by one (1) Xxxxxxx and/or business agent. In the absence of the Xxxxxxx or business agent the Company will recognize a member of the grievance shall committee. Section By a conference between the aggrieved employee and the Branch Manager, xxxxxxx, dispatcher, or other designate. Failing settlement, the grievance must be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, in writing within ten (10) working seven calendar days from the day date of the alleged violation or from the date the alleged violation became known to the Failing settlement at the above step, the Branch Manager shall render his decision in writing and shall refer the grievance to and arrange a meeting between the Union and the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five seven (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (307) calendar days of receiving the date that the grievance was registered in writing. This meeting shall be held in the home terminal of the employee involved unless otherwise agreed. The General Manager or his designate shall render a decision at Step 3 provide a_notice in writing to within seven calendar days from the Vice President of Operations or their designate of its intention to refer date that the dispute to arbitration. Within fifteen (15) working days of a grievance being was referred to arbitration him. Should the Company and parties fail to reach satisfactory settlement in the Union shall agree on a sole arbitrator to hear preceding steps, the grievance. The expenses and remuneration final settlement of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three to an Arbitration Board as outlined below. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of the grievance processOntario or Quebec Provincial Grievance Panel established for this purpose by the Companies and by the Local Unions. Except at Step One This Committee will render a decision unless it is deadlocked which shall be final and binding and have the same powers as a Board of Arbitration established under the subsequent provisions. The Ontario or Quebec Provincial Grievance Panel shall be comprised of four (unless by request 4) persons, or two persons as agreed to between the Company and the Union. These persons will be selected equally from Management and from the Local Unions. The Companies and Local Unions shall name only representatives who are engaged in the day to day administration of this Agreement. It is understood that in the selection of the concerned employee), where the employee has representative that neither party shall name a grievance meeting with representative from the Company involved. This Committee shall meet within twenty (20) calendar days upon being contacted to hear the In the event that the Ontario or Quebec Provincial Grievance Panel is unable to render a majority decision, the party must within seven (7) calendar days from the date the Ontario or Quebec Provincial Grievance Panel declares a deadlock, unless they wish to withdraw the grievance, proceed to arbitration as outlined in Step Two and Three Article of the grievance procedure the employee shall be accompanied by a union xxxxxxxthis Agreement.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of a dispute a. Should any difference arise between the persons bound by this Agreement concerning the its interpretation, application application, operation, or the any alleged violation thereof, including any question governing dismissal or suspension of any clause in employee bound by this agreementAgreement, and including any question as to whether a any matter is arbitrable arbitrable, there should be no stoppage of work on account of such difference and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute xxxxxxx effort shall be settled without interruption of made to settle the Company's business difference in the following manner: Step One: Prior to filing a formal grievance, an employee shall, within five (5) working days after the circumstances giving rise to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. One The Supervisor or his designate shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted in writing to Vice President the supervisor/administrative officer concerned with a copy to the Assistant Superintendent, Human Resources, the Secretary Treasurer, the Senior Manager, Human Resources and to the Superintendent of Operations or their designate. The Vice President of Operations or designate shallSchools, within ten (10) working days from of the day difference arising and shall state that the General Manager rendered his decision, arrange for matter is a Grievance in accordance with this Article. Up to two (2) union representatives shall be granted leave with pay to attend a step one meeting between Management Representatives, with the Grievor, employer. Step Two If the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance matter is not settled within five seven (57) working days after of submission of the meeting. Failing satisfactory settlement being reached at Step Threewritten grievance to the supervisor/administrative officer, the Union matter shall be referred in writing within a further seven (7) working days to the Senior Board Official directly responsible, with a copy to the Assistant Superintendent, Human Resources, the Secretary Treasurer, the Senior Manager, Human Resources and the Superintendent of Schools. Up to two (2) union representatives shall be granted leave with pay to attend a step two meeting with the employer. Step Three If the matter is not settled within ten (10) working days of being referred to the Senior Board Official directly responsible, the matter shall within thirty a further seven (307) calendar working days of receiving the decision at Step 3 provide a_notice be referred in writing to the Vice President Grievance Committees of Operations or their designate the Employer and the Union. Up to three (3) union representatives shall be granted leave with pay to attend step three meetings with the employer. The grievance shall be discussed between the Grievance Committee of its intention the Employer, the aggrieved employee and the Grievance Committee of the Union. Failing settlement within fourteen (14) days of the matter having been referred to refer the dispute to arbitration. Within fifteen this stage, that matter shall within a further fourteen (1514) working days of a grievance being by mutual written agreement be referred to arbitration step (b) or shall be referred in writing to step (c). The cost of any substitute staff will be paid equally by the Company Employer and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the for grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxxmeetings.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 18.01 A grievance shall consist of may arise only from a dispute concerning the interpretation, application application, administration or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just causethe Collective Agreement. Such dispute shall A grievance will be settled without interruption of the Company's business submitted in the following manner: Step One An employee having a grievance will discuss same with the Cafeteria manager. If it is not resolved, it shall then be submitted in writing within five (5) days to the Employer and the employee shall have the assistance of a xxxxxxx or other officer of the Union if he or she so desires. The Employer shall deal with the grievance and give an answer in writing, not later than the second working day, following the day upon which the grievance was received. Step Two If the decision of the Employer is not satisfactory to the employee concerned, he or she shall appeal it in writing within seven (7) working days following receipt of the decision in Step One: Prior to filing . The Employer will arrange a formal grievancemeeting with the Union President or his/her appointee and the grievor involved not later than seven (7) working days following the day upon which the grievance was appealed. At this meeting, an employee shallany authorized Union representative from District 6 (United Steelworkers), may be in attendance. The Employer or his/her representative shall give its answer in writing within seven (7) working days, following the date of the meeting. No grievance shall be considered the alleged circumstances of which occurred more than five (5) working days after the circumstances giving rise prior to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days submission of the discussiongrievance. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedureIn addition, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If if the grievance is not resolved at Step Two of processed within the grievance proceduretime limits set forth in this article (unless by mutual agreement), then the grievance shall be submitted considered to Vice President have been dropped. In the event that arbitration of Operations or their designate. The Vice President of Operations or designate shalla grievance is desired by either party, within then the other party shall be notified in writing not less than ten (10) working days from after the day receipt of the General Manager rendered his decision, arrange for a meeting between Management Representatives, answer in Step Two. Such notice shall contain the Grievor, name of the Xxxxxxx and appointee to the Business Representative or his designate to discuss Board of Arbitration named by the Grievanceparty invoking arbitration. The Company shall give a written response recipient of the notice shall, within seven (7) working days, advise the other party of the name of its appointee to the grievance Board of Arbitration. The two appointees so selected shall, within five seven (57) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration appointment of the arbitrator second of them, appoint a third party who shall be borne in equal amounts by the Union and chairman. If the Company. The Arbitrator shall not have two (2) appointees fail to agree upon a chairman within the power to altertime limit, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to then the Minister of Labour, Labour for the Province of Ontario to upon the request of either party, shall appoint an arbitratorimpartial chairman. In the case of a suspension or discharge, the grievance may be submitted at Step Three The majority decision of the grievance process. Except at Step One (unless by request Board of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee Arbitration shall be accompanied final and binding upon the parties and upon any employees affected by a union xxxxxxxit.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of 9.01 Where a dispute concerning difference arises between the parties related to the interpretation, application or administration of this Agreement, or where an allegation is made that the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee Agreement has been discharged violated, the following procedures will be adhered to. It is the mutual desire of the parties hereto that complaints of nurses shall be adjusted as quickly as possible, and it is understood that a nurse has no grievance until she has first given the Clinic Services Manager or suspended or disciplined without just causedesignate the opportunity of adjusting the complaint. Such dispute complaint shall be settled without interruption of discussed with the Company's business in the following manner: Step One: Prior to filing a formal grievance, an employee shall, Clinic Services Manager or designate within five fourteen (514) working calendar days after the circumstances giving rise to the grievance has it have occurred or should ought reasonably to have become known come to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days knowledge of the discussionnurse. Stock Transportation - Kingston - Drivers Agreement Step TwoFailing settlement within fourteen (14) calendar days following the discussion with the Clinic Services Manager or designate, it shall then be taken up as a formal grievance in the following manner and sequence: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to STEP 1 A nurse(s) may present a grievance in writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Clinic Services Manager or their designate. The General written grievance shall contain reference to the article and/or clauses in the Contract which are alleged to have been violated. The Clinic Services Manager or their designate shall arrange render a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, decision in writing within ten (10) working days from following the day on which the General Manager rendered his decisiongrievance was received. If this decision is unsatisfactory, arrange for a Step 2 may be followed within fourteen (14) calendar days. STEP 2 The written grievance shall be referred to the Manager, Human Resources or designate. A meeting between Management Representativeswill be held among the Manager, Human Resources or designate, the Grievor, the Xxxxxxx grievor(s) and the Business Representative or his designate Grievance Committee, within fourteen (14) calendar days following submission of the grievance to discuss the GrievanceManager, Human Resources. A staff representative of the Ontario Nurses’ Association shall be present and other Employer representatives may be present at such meeting. The Company decision of the Manager, Human Resources or designate shall give a written response to the grievance be delivered within five fourteen (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (3014) calendar days of receiving the meeting and if the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute is unsatisfactory, it may be referred to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of may arise only from a dispute concerning the interpretation, application administration or the alleged violation xxxxx- tion of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just causeCollective Agreement. Such dispute shall A grievance will be settled without interruption of the Company's business sub- mitted in the following manner: Step One: Prior to filing The employee, or his in the absence of the xxxxxxx, a formal grievance, an employee member of the Bargaining Committee shall, within five (5) working days after with the circumstances giving rise consent of the aggrieved employee, take up the grievance in writing directly with his xxxxxxx. The xxxxxxx shall give his answer in writing to the grievance has occurred or should reasonably have become known not later than the second working day following the day upon which he received the grievance. Step If the decision of the xxxxxxx is not acceptable to the Grievor, discuss employee it shall be appealed in writing to the matter with his Supervisor or his designate verballySuperintendent within working days from receipt of the xxxxxxx’x decision in Step above. The Supervisor or employee may be accompanied by his designate xxxxxxx if he so desires. The Superintendent shall respond verbally give his answer in writing to the grievance not later than the second working day following the day upon which he received the grievance. Step If the decision of the Superintendent is not acceptable to the employee, it shall be in writing by his xxxxxxx to the Plant Manager within two (2) four working days from receipt of the discussion. Stock Transportation - Kingston - Drivers Agreement Superintendent’s decision in Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designateabove. The General Plant Manager or their designate shall arrange a meeting with the Grievor grievance xxx, and Xxxxxxx to discuss the Grievance Plant Manager shall give his answer in writing within five (5) working days following the date of the meet- ing. At the request of either the Union Grievance Committee or the Company, the xxxxxxx and/or all necessary witnesses shall testify at the third step grievance meeting. In the event that arbitration of a grievance is desired by either party, then the other party shall be notified in writing not later than seven working days after receipt of the answer at Step above. Such notice shall contain the name of the appointee a Board of Arbitration named by the party invoking arbitration and the article or articles alleged to have been violated. The recipient of the notice shall, within five working days, advise the other party of the name of its appointee to the Board of Arbitration. The two appointees so selected shall, within five working days of receiving the Grievance and appoint- ment of the second of them, appoint a third party who shall give a written response to the Grievance within five (5) working days after the meetingbe chairman. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted two parties fail to Vice President of Operations or their designate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear chairman within the grievancetime limit. the Minister of Labour for the Province of Ontario. upon the request of either party, shall appoint an impartial chairman. The expenses and remuneration majority decision of the arbitrator Board of Arbitration shall be borne in equal amounts final and binding upon the parties and upon any employee affected by the Union and the Companyit. The Arbitrator Board of Arbitration shall not have jurisdiction to alter or to change any of the power provisions of this Agreement, nor to altersubstitute any new provision in lieu thereof, amend, modify, change, or make nor to give any decision inconsistent with the terms and provisions of the Collective this Agreement, nor to deal with any matter not covered by this Agreement. In Each party shall bear its own costs and the event agreement fees and expenses of its own representative. The fees and expenses of the chairman shall be shared equally by the parties. No grievance shall be considered if it has not been pro- cessed according to an arbitrator cannot be reached within fifteen (15) the above provisions of this Article and Article or if the alleged circumstances giving rise to the xxxx- xxxxx occurred more than two working days either party may apply prior to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three submission of the grievance process. Except at Step One (unless by request or could fairly be assumed have come to the notice of the concerned employee), where two working days prior to the employee has submission of the grievance. If a grievance meeting with is not processed within the time limits as set forth in all the provi- sions of this Article and Article then the grievance shall be considered to have dropped. Notwithstanding the above it is understood that the time limits fixed by this Article and Arti- cle may at any time be extended by written agreement bet- ween the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.Union. Article

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A Any difference, dispute or complaint arising over the interpretation c application of this Agreement shall be submitted in writing triplicate on forms supplied by the Union and signed by the aggrieve employee. There shall be-an xxxxxxx effort on the part of both t o settle such grievances promptly through the following steps: Be a conference between the supervisor. The employee may xxxxxxx shall give his decision Failing settlement, then: Stew xxxxxxxxx employee and his be accompanied by his Xxxxxxx. within two-(2) working days. Withinten (10) full working days the decision in Step aggrieved and/or an official or officials of the Union meet with representatives of the Employer, at which time the record of the grievance shall consist of a dispute concerning be presented. The decision shall be give writing within five (5) full working days following this meeting. Failing settlement under Step any difference between the arising from the interpretation, application administration, or the alleged violation of any clause in this agreementAgreement, including any question as to whether a matter arbitrable, such difference may be taken to arbitration as hereinaft provided, and if no written request for arbitration is arbitrable and including a claim that an employee received with ten (10) full working days after the decision Step is given, shall be deemed to have been abandoned. complaint or grievance may be submitted or considered under t grievance procedure unless it has been discharged or suspended or disciplined without just cause. Such dispute shall be settled without interruption of the Company's business in the following manner: Step One: Prior to filing a formal grievance, an employee shall, presented within five ten (510) working days after the circumstances giving rise to the grievance has occurred originated. Any complaint or should reasonably have become known grievance concerning or affecting a group of employe shall be originated under Step ,Any complaint or grievance as to the Grievor, discuss the matter with his Supervisor interpretation or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days alleged of the discussionprovisions of this Agreement arising directly between the and the Union, affecting the Union or the Company, as such, either shall have the right to file a grievance beginning at Step of grievance procedure as outlined above. Stock Transportation - Kingston - Drivers Agreement Step Two: If Such grievance shall conform the Grievance provisions of this Article and, if it is not resolved at Step One resolved, may processed to arbitration in the same way as the grievance of the Grievance procedure, the Grievance employee. A claim by an employee that he has been unjustly discharged disciplined shall be reduced to writing by treated a grievance a written statement such grievance is lodged with the Grievor and the Xxxxxxx Company within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meetingdischarge or discipline effected. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall Such may be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer settled under the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.by:

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of be defined as and limited to a dispute concerning the interpretation, application statement by an employee or the alleged violation Union on behalf of specified employees covered by this Agreement of his belief that the Company has violated an express provision of this Agreement and by reason thereof his rights have been affected, except that this Grievance Procedure shall not be used for any clause in this agreement, including disciplinary action directed by the government. The grievance procedure outlined herein shall not apply to any question as to whether a matter situation where the Company is arbitrable acting under the directives (verbal or written) of the government. Any grievance not presented and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute carried forward within the time limits prescribed herein shall be settled without interruption deemed waived, unless such time limits are extended in writing by mutual consent of the Company's business in Company and the following manner: Step One: Prior to filing Union. Any employee covered by this Agreement who believes that he has a formal grievance, an employee shall, within five (5) working days after the circumstances giving rise grievance must first contact his supervisor and present it orally to the supervisor for adjustment. No grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and considered unless presented to the General Manager supervisor as soon as possible but in no event later than ten (10) business days from the occurrence on which the grievance is based, or their designatefrom the time that the employee reasonably should have been on notice of the occurrence. The General Manager or their designate shall arrange a meeting with No grievance will be recognized by the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meetingCompany until such presentation has been timely made. Step Three: If the grievance is not satisfactorily resolved at within ten (10) business days from presentation, the employee may proceed in the manner set out below: Step Two of One: The Union xxxxxxx must reduce the employee's grievance to writing and present it to the Company's Project Manager within ten (10) business days after the presentation described in Section 3. If the written grievance requests a meeting with the Company, the Project Manager shall meet with a union representative to discuss the grievance procedureand, the grievance shall be submitted to Vice President of Operations whether a meeting is requested or their designate. The Vice President of Operations or designate shallnot, will render his decision in writing, within ten (10) working business days from the day he received the grievance in writing. If the Project Manager does not render his decision in writing within this ten (10) business day period, the grievance shall be deemed automatically denied. If a grievance that was timely brought in accordance with the time requirements set forth herein, the General Manager rendered President of the International Union, or his decisiondesignee, arrange shall have full authority to determine whether or not the Union wishes to process the grievance into Step Two. Step Two: The Local Union may forward the grievance to the International Union for Step Two consideration. If the grievance is presented to the Company in writing for resolution by the International Union, the Company representative or his designee shall attempt to resolve the grievance within ten (10) business days. If the written grievance requests a meeting between Management Representativeswith the Company, a Company representative shall meet with the Grievor, the Xxxxxxx and the Business Representative or his designate International Union representative to discuss the Grievance. The Company shall give grievance and, whether a written response to meeting is requested or not, will render his decision in writing, within ten (10) business days from the day he received the grievance in writing. If the Company representative does not render his decision within five the ten (510) working days after business day period, the meetinggrievance shall be automatically denied. Failing satisfactory settlement being reached at Step Three, : The Party invoking the Union provision of Step Three Grievance shall within thirty (30) calendar days of receiving call upon the decision at Step 3 provide a_notice in writing Federal Mediation and Conciliation Service to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration supply both the Company and the Union shall agree on with a sole arbitrator to hear the grievancelist consisting of at least five (5) and not more than seven (7) individuals who would serve as Arbitrator. The expenses parties may then invoke the usual procedures to strike off objectionable names. The decision of the Arbitrator shall be final and remuneration of binding upon both parties. However, the arbitrator shall not be borne vested with the power to change, add to, modify, or alter the terms of this Agreement. The arbitrator's failure to abide by this standard renders such decision null and void. The cost of such arbitration shall be shared equally by both parties. The parties may, by mutual consent, select a mutually acceptable neutral party to act as a temporary or permanent Arbitrator for disputes arising under the terms of this Agreement. Claims of discrimination on the basis of disability or any other unlawful employment practices that could be raised in equal amounts individual statutory or common law claims must also be brought through this grievance procedure by either the employee or the Union. Stewards may receive and discuss grievances of employees during non-working time in areas that are not open to the public. Except as set forth in Section 3, any presentation of grievances to the Company by a xxxxxxx during work time shall require the xxxxxxx to secure the permission of his supervisor before punching out or leaving his working area. Such permission shall not be unreasonably withheld (taking into account the Company's work requirements), and stewards shall confine the presentation of grievances to times that will not be disruptive to the Company's operations or the performance of his duties. If attendance by the Union employee on whose behalf the grievance is presented is necessary, the employee shall follow the same procedure in securing permission to clock out and leave his work area, as set forth above. It is understood that the employee whose grievance is being considered is invited to attend the Board of Adjustment hearing up to a period of two (2) hours with pay. All time in excess of two (2) hours per week spent by stewards in connection with the presentation of grievances shall be while they are off the clock and shall not be paid for by the Company. The Arbitrator Except for a maximum of two hours per week, any investigation of grievances by stewards shall not have be conducted during the power to alternon-working time (i.e., amend, modify, change, before and after work or make any decision inconsistent with the provisions during break times or meal periods) of the Collective Agreement. In xxxxxxx and any employees involved in the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxxinvestigation.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of Should any difference, hereinafter called a dispute concerning arise between the Board and any employee as to the interpretation, application application, administration or the alleged violation of any clause in this agreementAgreement, including any question as an xxxxxxx effort to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined settle such grievance without just cause. Such dispute undue delay shall be settled without interruption of the Company's business made in the following manner: Step One: Prior . One An aggrieved employee shall first submit representations either orally or in writing to filing a formal grievancethe supervisor, who is the school principal for an employee shallassigned to a school, either directly or through the appropriate xxxxxxx. Any such grievance shall be presented within days of the time when it arose and the shall respond within five (5) working days after the circumstances giving rise representation. Two a decision satisfactory to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance employee is not resolved given or no decision is given at Step One of the Grievance procedureStage One, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx then such employee may within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two decision of the grievance proceduresupervisor has been given or should have been given, present representations either directly or through the grievance shall be submitted appropriate xxxxxxx to Vice President the Superintendent of Operations Education, Personnel or their designateother delegate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company Such official shall give a written response to the grievance an oral decision within five (5) working days after the meetingformal representation. Failing Three If a decision satisfactory settlement being reached to the employee is not given or no decision is given at Step ThreeStage Two, then such employee accompanied by a xxxxxxx may within days after the Union shall within thirty (30) calendar days oral decision of receiving the decision at Step 3 provide a_notice Superintendent of Education, Personnel or other delegate has been given or should have been given, present representations in writing to the Vice President Superintendent of Operations Education, Personnel or their designate other representative designated by the Board from time to time. Such representations shall state the nature of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses , the remedy sought and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not prejudice the right of the employee or of the Union to rely on any other provisions of the Agreement. In Such official or other designate shall notify the event agreement employee and the xxxxxxx of the time and place at which they will meet to an arbitrator candiscuss and consider meeting shall which such the written representations. Such be held within days from the date upon official received the written representations. Such official shall give a decision in writing within days after such meeting. Four If a decision satisfactory to such employee is not be reached given or no decisions given at Stage Three, then such employee by a xxxxxxx may within fifteen (15) working days either party may apply after the decision of the Superintendent of Education, Personnel or other designate has been given or should have been given, submit the written representations made at Stage Three to the Minister Deputy Director of LabourEducation, Province Human Resources. The Deputy Director of Ontario to appoint an arbitrator. In Education, Resources, or other designate shall notify the case of a suspension or discharge, employee and the grievance may be submitted at Step Three Local Union of the grievance processtime and place at which the Grievance Committee will meet to discuss and. Except consider such representations and the decision at Step One (unless by request of the concerned employee), where the employee has a grievance Stage Three. Such meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.held within days the date upon which such official representations were

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of a dispute concerning the interpretation, application or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute shall be settled without interruption of the Company's Employer’s business in the following manner: Step One: Prior to filing a formal grievance, an employee shall, within five (5) working days after the circumstances giving rise to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate management person shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to put in writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Fleet Maintenance Manager or their his designate. The General Fleet Maintenance Manager or their his designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Regional Vice President of Operations Maintenance or their designate. The Regional Vice President of Operations Maintenance or his designate shall, within ten (10) working days from the day the General Fleet Manager or his designate rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within give thirty (30) calendar working days of receiving the decision at Step 3 provide a_notice notice in writing to the Regional Vice President of Operations or their designate Maintenance of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of may arise only from a dispute concerning the interpretation, application administration or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just causeCollective Agreement. Such dispute shall A grievance will be settled without interruption of the Company's business submitted in the following manner: Step One: Prior The employee, or his xxxxxxx, or in the absence of the xxxxxxx, a member of the Bargaining Committee shall, with the consent of the aggrieved employee, take up the grievance in writing directly with his xxxxxxx. The xxxxxxx shall give his answer in writing to filing the grievance not later than the second working day following the day which he received the grievance. Step If the decision of the xxxxxxx is not acceptable to the employee, it shall be appealed in writing to the Superintendent within three (3) working days from receipt of the xxxxxxx’x decision in Step above. The employee may be accompanied by his xxxxxxx if he so desires. The Superintendent shall give his answer in writing to the grievance not later than the third (3rd) working day following the day upon which he received the grievance. Step If the decision of the Superintendent is not acceptable to the employee, it shall be appealed in writing by his xxxxxxx to the Human Resources Manager within seven (7) calendar days from receipt of the Superintendent’s decision in Step above. The Human Resources Manager shall arrange a formal grievancemeeting with the Grievance Committee, an employee and the Human Resources Manager shall give his answer in writing within seven (7) calendar days following the date of the meeting. At the request of either the Union Grievance or the Company, the xxxxxxx and/or all necessary witnesses shall testify at the Third Step Grievance meeting. In the event that arbitration of a grievance is desired by either party then the other party shall be notified in writing not later than ten (IO) working days after receipt of the answer at Step above. Such notice shall contain the name of the appoin- tee to a Board of Arbitration named by the party invoking arbitration and the article or articles alleged to have violated. The recipient of the notice shall, within five (5) working days, advise the other party of the name of its appointee to the Board of Arbitration. The two (2) appointees so selected shall, within five (5) working days after of the appointment of the second of them, appoint a third party who shall be chairman. If the two parties fail to agree on a chairman within the time limit, the Minister of Labour for the Province of Ontario, upon the request of either party, shall appoint an impartial chairman. The majority decision of the Board of Arbitration shall be final and binding the parties and upon any employee affected by it. The Board of Arbitration shall not have jurisdiction to alter or to change any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agree- ment, nor to deal with any matter not covered by this Agreement. Each party shall bear its own costs and the fees and expenses of its own representative. The fees and expenses of the chairman shall be shared equally by the parties. No grievance shall be considered if it has not been processed according to the above provisions of this Article and Article or if the alleged circumstances giving rise to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two more than three (23) working days prior to the submission of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If grievance or could fairly be assumed to have come to the Grievance is not resolved at Step One notice of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five three (53) working days prior submission within the time limits as set forth in all the provisions of this Article and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, Article then the grievance shall be submitted considered to Vice President of Operations or their designatehave been dropped. The Vice President of Operations or designate shallNotwithstanding the above, within ten (10) working days from it is understood that the day the General Manager rendered his decision, arrange for a meeting time limits fixed by this Article and Article may at any time be extended by written agreement between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievanceUnion. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.Article

Appears in 1 contract

Samples: Duration of Agreement

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GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of a dispute concerning Any problem arising in connection with the interpretation, application or interpretation of the alleged violation provisions of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute Agreement shall be settled without interruption at first the subject of an effort by the Companyemployee and/or the Union and the department head or the department head's business in designee to resolve it amicably. The department head or the following manner: Step One: Prior to filing department head's designee shall give a formal grievance, an employee shall, within five (5) working days after the circumstances giving rise response to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally issue within two seven days (27) working calendar days of the discussioninformal meeting. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance it is not resolved at Step One of the Grievance procedureresolved, the Grievance problem shall be reduced to writing a written grievance by the Grievor Union and the Xxxxxxx within five (5) working days and shall be presented to Human Resources within thirty (30) calendar days of the General Manager date when the employee, as to the employee's grievances or their designatethe Union, as to its grievance, had knowledge (or in the normal course of events should have had knowledge) of the event constituting the grievance. The General Manager or their designate parties shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance meet within five twenty one (521) working calendar days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President of Operations or their designatebeing filed. The Vice President of Operations Human Resources Director or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company Director's designee shall give a written response to the grievance within five seven (57) working calendar days after of the meeting. Failing satisfactory settlement The above timelines may be waived by mutual agreement. For grievances resulting from disciplinary actions, the filing of the initial written grievance shall be seven (7) calendar days from the date the action was taken. The parties shall meet within seven (7) calendar days of the written grievance being reached at Step Threefiled. The Director or the Director's designee shall give a written response to the grievance within seven (7) calendar days of the meeting. The above timelines may be waived by mutual agreement. If the matter then remains unresolved, the Union may refer the matter in writing to an Adjustment Board composed of two (2) representatives of the Union and two (2) representatives of the Medical Center. The referral to the Adjustment Board shall be made within thirty (30) calendar days from the date of the Director's response. The Adjustment Board shall convene within fourteen (14) days of receiving the Union's referral, and the Board shall reach a decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate within ten (10) days of its intention initial meeting on the matter. Any decision by a majority of three (3) votes shall be final and binding upon both parties, provided that the Adjustment Board shall have no jurisdiction or authority to refer add to, subtract from, or alter in any way the dispute to arbitrationprovisions of this Agreement. Within fifteen (15) working days If the members of a grievance being referred to arbitration the Company and Adjustment Board deadlock in their decision, the Union shall have the right to give written request for arbitration of the problem, provided the request is given within thirty (30) days of the Adjustment Board's failure to agree on a sole arbitrator to hear the grievancedecision. The expenses and remuneration parities shall request a list of arbitrators from the Federal Mediation Conciliation Service. The parties shall alternately strike names from such list until one name remains, which person shall be the Arbitrator. A decision of the arbitrator shall be borne final and binding upon both parties, subject to the limitations on jurisdiction and authority contained in equal amounts by the preceding paragraph. If the Medical Center fails to meet any of the foregoing time limits, the Union and the Company. The Arbitrator shall not have the power right to alter, amend, modify, change, or make move the problem directly to a request for arbitration. If the Union fails to meet any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or dischargeforegoing time limits, the grievance shall be considered waived. Any time limits may be submitted at Step Three of extended by mutual agreement, set forth in writing and signed by the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxxparties.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A [Prairie Region see Appendix It is the spirit and intent of this Agreement to adjust grievances promptly. grievances be presented in writing within fifteen (15) days from the date there is evidence of a violation having occurred. The procedure for the adjustment of a grievance shall consist be as follows. Step No. 1: Between the aggrieved employee his xxxxxxx and the Employer's representative. if no settlement satisfactory to the griever is achieved within four (4) days the grievance must be pursued within the following ten days. Step No. 2: Between the aggrieved employee, his xxxxxxx and the local Union representative or designate, and the Employer's representative. At this stage the grievance must be submitted in writing provided that a reference in the grievance to any section of the Agreement shall not preclude argument based on any other section of the Agreement. If no settlement satisfactory to the NATIONAL griever is achieved within four (4) days the grievance must be pursued within the following ten (10) days. Step No. 3: Between a designated Council Representative and an official of the Employer. If no settlement satisfactory to the employee concerned is achieved within four (4) days of the commencement of Step No. or Step No. the grievance must be pursued at the next step within the following ten days. Step If any dispute or grievance concerning the interpretation, application or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute shall Agreement cannot be settled without interruption through the procedure described above within ten working days, the matter may be submitted by the Council or the Employer for adjudication to a Board of Arbitration at any time within ten days following the Company's business in completion of Step NO. This Board shall consist of three (3) arbitrators. one appointed by each party to this Agreement and the following manner: Step One: Prior third, who shall act as the chairman, to filing a formal grievance, an employee shall, be selected by the two so appointed. In the event that the other party does not appoint its arbitrator within five (5) working days, the appointment shall be made by the appropriate Minister of Labour. In the event the two arbitrators appointed cannot within five (5)days select a third arbitrator who is to serve, the two arbitrators shall jointly request the appropriate Minister of Labour to designate the third act as the chairman. and the referral to arbitration shall be sent via fax to the NATIONAL Directors for the region at the time of the referral. Failure to do so shall give the a right to adjournment of the hearings. The Board when selected or appointed, will proceed as soon as practicable. to examine the dispute or grievance and render its judgment. of the Board of Arbitration, or a majority thereof, shall be final and binding and accepted by both parties for the duration of the Agreement. The Board of Arbitration shall not be authorized to make any decisions inconsistent with the provisions of the Agreement, nor to alter, modify or amend any of this Agreement. In arbitration proceedings, each party shall pay the expenses of its arbitrator, and the expenses of the chairman shall be shared equally by the parties. Any grievanceinstituted Employer may be referred in writing to the Council within fifteen (15) full days after of the occurrence of the circumstances giving rise to the grievance has occurred or should reasonably have become known to grievance, and the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate Council shall respond verbally meet within two (2) ten working days thereafterwith the Employer to consider the grievance. If final settlement of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance completed within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the such meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted referred, by either party, to a Board of Arbitration as provided in Article NATIONAL at Step Three any time within ten calendar days thereafter, but not later. Where an Employer is in default on any obligation to the Council or an affiliated Union, the council or the affiliated Union may file a grievance commencing with a meeting between the designated Council representative and an official of the Employer. Failing settlement the grievance process. Except may be pursued to provided by Article The may refer a grievance concerning violation of Article to arbitration at Step One any time after the tenth (unless by request 10th) day of the concerned employee), where month following the employee has a grievance meeting with month in which the Company is (are) due. It is agreed that notes taken during negotiations are not admissible evidence in Step Two and Three of any legal proceedings involving the grievance procedure the employee shall be accompanied by a union xxxxxxxcollective agreement.

Appears in 1 contract

Samples: Quality Control Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of a dispute concerning the interpretation, application or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute shall be settled without interruption of the Company's Employer’s business in the following manner: Step One: Prior to filing a formal grievance, an employee shall, within five (5) working days after the circumstances giving rise to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designateDriver Care Manager. The General Driver Care Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President Assistant General Manager or Director of Operations Driver Care or their designate. The Vice President Assistant General Manager or Director of Operations Driver Care or designate shall, within ten (10) working days from the day the General Driver Care Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty give fifteen (3015) calendar working days of receiving the decision at Step 3 provide a_notice notice in writing to the Vice President Assistant General Manager or Director of Operations or their designate Driver Care of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company Employer and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the CompanyEmployer. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company Employer in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A grievance shall consist of a dispute concerning Any problem arising in connection with the interpretation, application or interpretation of the alleged violation provisions of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute Agreement shall be settled without interruption at first the subject of an effort by the Companyemployee and/or the Union and the department head or the department head's business in designee to resolve it amicably. The department head or the following manner: Step One: Prior to filing department head's designee shall give a formal grievance, an employee shall, within five (5) working days after the circumstances giving rise response to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally issue within two seven days (27) working calendar days of the discussioninformal meeting. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance it is not resolved at Step One of the Grievance procedureresolved, the Grievance problem shall be reduced to writing a written grievance by the Grievor Union and the Xxxxxxx within five (5) working days and shall be presented to Human Resources within thirty (30) calendar days of the General Manager date when the employee, as to the employee's grievances or their designatethe Union, as to its grievance, had knowledge (or in the normal course of events should have had knowledge) of the event constituting the grievance. The General Manager or their designate parties shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance meet within five twenty-one (521) working calendar days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President of Operations or their designatebeing filed. The Vice President of Operations Human Resources Director or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company Director's designee shall give a written response to the grievance within five seven (57) working calendar days after of the meeting. Failing satisfactory settlement The above timelines may be waived by mutual agreement. For grievances resulting from disciplinary actions, the filing of the initial written grievance shall be seven (7) calendar days from the date the action was taken. The parties shall meet within seven (7) calendar days of the written grievance being reached at Step Threefiled. The Director or the Director's designee shall give a written response to the grievance within seven (7) calendar days of the meeting. The above timelines may be waived by mutual agreement. If the matter then remains unresolved, the Union may refer the matter in writing to an Adjustment Board composed of two (2) representatives of the Union and two (2) representatives of the Medical Center. The referral to the Adjustment Board shall be made within thirty (30) calendar days from the date of the Director's response. The Adjustment Board shall convene within fourteen (14) days of receiving the Union's referral, and the Board shall reach a decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate within ten (10) days of its intention initial meeting on the matter. Any decision by a majority of three (3) votes shall be final and binding upon both parties, provided that the Adjustment Board shall have no jurisdiction or authority to refer add to, subtract from, or alter in any way the dispute to arbitrationprovisions of this Agreement. Within fifteen (15) working days If the members of a grievance being referred to arbitration the Company and Adjustment Board deadlock in their decision, the Union shall have the right to give written request for arbitration of the problem, provided the request is given within thirty (30) days of the Adjustment Board's failure to agree on a sole arbitrator to hear the grievancedecision. The expenses and remuneration parities shall request a list of arbitrators from the Federal Mediation Conciliation Service. The parties shall alternately strike names from such list until one name remains, which person shall be the Arbitrator. A decision of the arbitrator shall be borne final and binding upon both parties, subject to the limitations on jurisdiction and authority contained in equal amounts by the preceding paragraph. If the Medical Center fails to meet any of the foregoing time limits, the Union and the Company. The Arbitrator shall not have the power right to alter, amend, modify, change, or make move the problem directly to a request for arbitration. If the Union fails to meet any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or dischargeforegoing time limits, the grievance shall be considered waived. Any time limits may be submitted at Step Three of extended by mutual agreement, set forth in writing and signed by the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxxparties.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 (a) What Constitutes a Grievance A grievance shall consist of a dispute concerning the interpretation, interpretation and application or the alleged violation of any clause in this agreementAgreement, including alleged violation of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of the Agreement. If any question arises as to whether a matter particular dispute is arbitrable or is not a grievance within the meaning of these provisions, the question may be taken up through the Grievance Procedure and including a claim that an employee has been discharged or suspended or disciplined without just causedetermined, if necessary, by Arbitration. Such dispute There shall be settled without interruption an xxxxxxx effort on the part of both parties to settle such grievances promptly through the following steps at which steps any employee covered by this agreement Transport when called into the Company's business ’s for any discussion which may result in the following manner: Step One: Prior to filing disciplinary action or a formal grievance, an employee shallwill, within five (5) working days after upon request, be accompanied by a Xxxxxxx or Business Representative. Section Suspensions Except in cases which are considered “Subject to in Appendix suspensions will not take effect until the circumstances giving rise to suspension is sustained under the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verballyGrievance Procedure. The Supervisor or his designate shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall agreed to suspension must be reduced to writing by the Grievor and the Xxxxxxx within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall served within thirty (30) calendar days of receiving the decision at infraction. Section (a) Step 3 provide a_notice Branch Manager or Designate By a conference between the aggrieved employee and the Branch Manager or his designate. Failing settlement, the grievance must be submitted in writing within seven (7) calendar days from the date of the alleged violation of the Agreement or from the date that the alleged violation became known to the Vice President of Operations but in no case more then thirty (30) days. The seven (7) days and thirty (30) days limitations provided above shall not deprive an employee or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne right to register a retroactive claim for Health and Welfare, Pension, premiums or monies accruing from the cost of living allowance, where such premiums, contributions or allowances have not been paid in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent line with the provisions of the Collective this Agreement. In Nor shall the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may limitations apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting laid off employees claiming that they have not been recalled in line with the Company in Step Two and Three provisions of the grievance procedure the employee Article The shall be accompanied by a union xxxxxxxUnion Xxxxxxx and if deemed necessary by the Union, he shall also be accompanied by a Business Representative of the Union. Section Step General Manager or Designate Failing settlement at the above step, the Branch Manager shall render his decision in writing and shall refer the Transport grievance to and arrange a meeting between the Union and the General Manager or his designate within seven (7) days of the date that the grievance was registered in writing. This meeting shall be held in the locale of the terminal involved unless otherwise agreed. The General Manager or his designate shall render his decision in writing within seven (7) days from the date that the grievance was referred to him.

Appears in 1 contract

Samples: Freight Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A The purpose of the procedure is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by this Contract. The Committee and the Association desire that such a procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedure level involved; and nothing in this Contract shall prevent any such employee from individually presenting any grievance of the employee. LEVEL ONE: An employee with a grievance will first present the grievance in writing to the building principal directly or through the Association's school representative, with the objective of resolving the matter informally. LEVEL TWO: If within five (5) days next following such presentation of the grievance the grievance shall consist not have been disposed of a dispute concerning to the interpretationemployee's satisfaction, application or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just cause. Such dispute shall be settled without interruption of the Company's business in the following manner: Step One: Prior to filing a formal grievance, an employee shallmay, within five (5) working days thereafter, file with the President or his/her designee of the Association a written statement of the grievance. Within five (5) days thereafter, such statement shall be reviewed with the employee by the said President or his/her designee of the Association, and if after such review the circumstances giving rise to employee shall so desire, the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedure, the Grievance shall forthwith be reduced to presented in writing by the Grievor employee and the Xxxxxxx said President or designee of the Association to the Superintendent. LEVEL THREE: If within twenty (20) days next following such presentation to the Superintendent the grievance shall not have been disposed of to the employee's satisfaction, the employee may, within five (5) working days and thereafter, notify said President or designee of the Association in writing of the employee's desire to have the grievance presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor School Committee, and Xxxxxxx to discuss the Grievance within five (5) working days following the receipt of receiving such notice, the Grievance and President and/or designees shall give a written response meet with the employee to decide whether or not the Association will present the grievance to the Grievance within five (5) working days after the meetingSchool Committee. Step Three: If the grievance is not resolved at Step Two President or designee and the Executive Board of the grievance procedureAssociation shall so vote, the grievance shall forthwith be submitted presented in writing by the Association to Vice the School Committee; and within fifteen (15) days thereafter the School Committee shall meet within the President of Operations or their designatedesignee, the Executive Board and the employee in an effort to settle the grievance. The Vice grievance hearing at the School Committee level will occur within forty-five (45) days or a mutually agreed upon date. LEVEL FOUR: If within twenty (20) days next following presentation of the grievance in writing to the School Committee the grievance shall not have been disposed of to the satisfaction of the President or designee and the Executive Board of Operations the Association, and if the grievance shall involve the interpretation or designate shallapplication of any provision of this Contract, the Association may, by giving written notice to the School Committee within ten (10) working days from next following the day conclusion of such period of twenty (20) days, present the General Manager rendered his decision, arrange grievance for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response arbitration according to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.following procedure:

Appears in 1 contract

Samples: www.doe.mass.edu

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A Any difference, dispute or complaint arising over the interpretation c application of this Agreement shall be submitted in writing triplicate on forms supplied by the Union and signed by the aggrieve employee. There shall be-an xxxxxxx effort on the part of both t o settle such grievances promptly through the following steps: Be a conference between the supervisor. The employee may xxxxxxx shall give his decision Failing settlement, then: Stew aggrieved employee and his be accompanied by his Xxxxxxx. within two-(2) working days. Withinten (10) full working days the decision in Step aggrieved and/or an official or officials of the Union meet with representatives of the Employer, at which time the record of the grievance shall consist of a dispute concerning be presented. The decision shall be give writing within five (5) full working days following this meeting. Failing settlement under Step any difference between the arising from the interpretation, application administration, or the alleged violation of any clause in this agreementAgreement, including any question as to whether a matter arbitrable, such difference may be taken to arbitration as hereinaft provided, and if no written request for arbitration is arbitrable and including a claim that an employee received with ten (10) full working days after the decision Step is given, shall be deemed to have been abandoned. complaint or grievance may be submitted or considered under t grievance procedure unless it has been discharged or suspended or disciplined without just cause. Such dispute shall be settled without interruption of the Company's business in the following manner: Step One: Prior to filing a formal grievance, an employee shall, presented within five ten (510) working days after the circumstances giving rise to the grievance has occurred originated. Any complaint or should reasonably have become known grievance concerning or affecting a group of employe shall be originated under Step ,Any complaint or grievance as to the Grievor, discuss the matter with his Supervisor interpretation or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days alleged of the discussionprovisions of this Agreement arising directly between the and the Union, affecting the Union or the Company, as such, either shall have the right to file a grievance beginning at Step of grievance procedure as outlined above. Stock Transportation - Kingston - Drivers Agreement Step Two: If Such grievance shall conform the Grievance provisions of this Article and, if it is not resolved at Step One resolved, may processed to arbitration in the same way as the grievance of the Grievance procedure, the Grievance employee. A claim by an employee that he has been unjustly discharged disciplined shall be reduced to writing by treated a grievance a written statement such grievance is lodged with the Grievor and the Xxxxxxx Company within five (5) working days and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meetingdischarge or discipline effected. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, the grievance shall Such may be submitted to Vice President of Operations or their designate. The Vice President of Operations or designate shall, within ten (10) working days from the day the General Manager rendered his decision, arrange for a meeting between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer settled under the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievance. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.by:

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 (a) Any complaint alleging violations, misinterpretation or of the terms of this Agreement relating to the rates of pay, wages, hours of work or any other working conditions shall be first taken up orally by the employee with the employee's immediate supervisor, the employee may request that his xxxxxxx be present and such request shall be granted. When an employee wishes lo see his Union representative he shall notify his supervisor who will inform his representative of the request. Any remedy reached at this level of the grievance procedure will not be precedent setting. If after the above oral discussion has taken place, any such complaint which remains unsatisfied may then be reduced to writing by the xxxxxxx, on the form provided by the Company and signed by the employee and shall then constitute a grievance. All grievances should as far as possible, identify the articles, clause or clauses of the Agreement which are claimed to have been violated. A grievance shall consist of may arise only from a dispute concerning the interpretation, application application, administration or the alleged violation of any clause in this agreement, including any question as to whether a matter is arbitrable and including a claim that an employee has been discharged or suspended or disciplined without just causeCollective Agreement. Such dispute shall A grievance will be settled without interruption of the Company's business submitted in the following manner: Step One: Prior The employee, or his xxxxxxx, or in the absence of the xxxxxxx, a member of the Bargaining Committee shall, with the consent of the aggrieved employee, take up the grievance in writing directly with his xxxxxxx. The xxxxxxx shall give his answer in writing to filing a formal the grievance not later than the second (2nd) working day following the day upon which he received the grievance. Step If the decision of the is not acceptable to the employer,, it shall be in writing to the General Supervisor within three (3) working days from receipt of xxxxxxx'x decision in Step above. may be accompanied by his xxxxxxx if he so desires. The General Supervisor shall give his answer in writing the grievance not later than the third (3rd) working day upon which he received the grievance, an employee Step If the decision of the General Supervisor is not acceptable to the employee, it be appealed in writing by his xxxxxxx to the Resources Manager seven (7) calendar days receipt of the General Supervisor's decision in Step Resources Manager shall arrange a ing the Grievance and the Human Resources Manager shall give his writing in seven (7) calendar days the date of the meeting. At the request of either the Union Grievance the Company, the xxxxxxx all witnesses shall testify at the Step Grievance meeting. Lead hands may relieve the above mentioned for the purpose of their the Third Step without undue delay. In the that arbitration of a grievance is desired by either party then the other party shall be notified in writing not later than ten (10) working days after receipt of answer at Step above. Such notice shall contain the name of the appointee to a of Arbitration by the party invoking arbitration and the article or articles alleged lo been violated. 'The recipient of the notice within five (5) working days, advise the other party of the name of its appointee to the of Arbitration. two (2) selected shall, within five (5) working days after of the ment of the second of them, appoint a third party who shall be chairman. If the two parties fail to agree on a within the time limit, the Minister of Labour for the Province of Ontario, upon request of shall appoint an impartial chairman. The majority decision of the Board of Arbitration shall be final and binding the parties and upon any employee affected by it. The Board of Arbitration shall not have jurisdiction to alter or to change any of the provisions of this Agreement, nor to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement, nor to deal with any matter not covered by this Agreement. Each party shall bear its own costs and the fees and expenses of its own representative. The fees and expenses of the chairman shall be shared equally by the parties. No grievance shall be considered if it has not been processed according to the above provisions of this Article and Article or if the alleged circumstances giving rise to the grievance has occurred or should reasonably have become known to the Grievor, discuss the matter with his Supervisor or his designate verbally. The Supervisor or his designate shall respond verbally within two more than three (23) working days prior to the submission of the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If grievance or could fairly be assumed to have come to the Grievance is not resolved at Step One notice of the Grievance procedure, the Grievance shall be reduced to writing by the Grievor and the Xxxxxxx within five three (53) working days prior to submission within the time limits as set forth in all the provisions of this Article and presented to the General Manager or their designate. The General Manager or their designate shall arrange a meeting with the Grievor and Xxxxxxx to discuss the Grievance within five (5) working days of receiving the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If the grievance is not resolved at Step Two of the grievance procedure, Article then the grievance shall be submitted considered to Vice President of Operations or their designatehave been dropped. The Vice President of Operations or designate shallNotwithstanding the above, within ten (10) working days from it is understood that the day the General Manager rendered his decision, arrange for a meeting time limits fixed by this Article and Article may at any time be extended by written agreement between Management Representatives, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer the dispute to arbitration. Within fifteen (15) working days of a grievance being referred to arbitration the Company and the Union shall agree on a sole arbitrator to hear the grievanceUnion. The expenses and remuneration of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator shall not have the power to alter, amend, modify, change, or make any decision inconsistent with the provisions of the Collective Agreement. In the event agreement to an arbitrator cannot be reached within fifteen (15) working days either party may apply to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three of the grievance process. Except at Step One (unless by request of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxx.Article

Appears in 1 contract

Samples: Of Agreement

GRIEVANCE PROCEDURE AND ARBITRATION. Section 7.1 A In this Article, a grievance shall consist only of a dispute concerning the interpretation, interpretation and application or the alleged violation of any clause in this agreement, including Agreement and alleged abuses of discretion by supervision in the treatment of employees contrary to the terms of this Agreement. If any question arises as to whether a matter particular dispute is, or is arbitrable not a grievance within the meaning of these provisions, the question may be taken up through the Grievance Procedure and including determined, if necessary, by Arbitration. There shall be an xxxxxxx effort on the part of both parties to settle such grievance promptly through the following steps: By a claim that an conference between the aggrieved employee has been discharged and the Xxxxxxx, Dispatcher or suspended or disciplined without just causehis designate. Such dispute shall conference to be settled without interruption held within ten working days from the date of the Company's business in alleged violation of the following manner: Step One: Prior to filing a formal grievance, an employee shall, within five (5) working days after Agreement or from the circumstances giving rise to date the grievance has occurred or should reasonably have become alleged violation of the Agreement became known to the Grievor, discuss griever. Failing settlement as in the matter aggrieved employee shall meet with his Supervisor the Branch Manager or his designate verbally. The Supervisor or his designate shall respond verbally within two (2) working days of forty-eight hours, Saturdays, Sundays and Statutory Holidays excluded, from the discussion. Stock Transportation - Kingston - Drivers Agreement Step Two: If the Grievance is not resolved at Step One of the Grievance procedureconference as described in At this step, the Grievance shall grievance must be reduced submitted to writing by the Grievor Company in writing. Failing settlement as outlined in steps and the Xxxxxxx within five (5) working days aggrieved employee shall refer the grievance to and presented to meet with the General Manager or their designatehis designate within fourteen calendar days from the date the grievance was registered in writing. The General Manager or their his designate shall arrange a meeting with render his decision in writing to the Grievor and Xxxxxxx to discuss the Grievance Union within five (5) working calendar days of receiving from the Grievance and shall give a written response to the Grievance within five (5) working days after the meeting. Step Three: If date the grievance is not resolved at Step Two was first submitted to him. Should the parties fail to reach a satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to an Arbitration Board as outlined below. During any of the steps of the grievance procedure, the aggrieved employee may be accompanied by one Xxxxxxx and/or Business Representative of the Union. In the event the Union or the Company has a grievance, it shall be the responsibility of the griever to advise the other party in writing within calendar days of the alleged violation of the Agreement, and by such notification, arrange a meeting within fourteen calendar days between the General Manager or his designate and duly accredited principal officer of the Local Union or his designate. Should the griever fail to reach satisfactory settlement, the grievance shall must be submitted to Vice President a Board of Operations or their designateArbitration as outlined below. The Vice President of Operations or designate shall, within ten (10) working days from Before submitting the day the General Manager rendered his decision, arrange for a meeting between Management Representativesgrievance to Arbitration and providing there is mutual consent, the Grievor, the Xxxxxxx and the Business Representative or his designate to discuss the Grievance. The Company shall give a written response to the grievance within five (5) working days after the meeting. Failing satisfactory settlement being reached at Step Three, the Union shall within thirty (30) calendar days of receiving the decision at Step 3 provide a_notice in writing to the Vice President of Operations or their designate of its intention to refer grieving party may submit the dispute to arbitration. Within fifteen (15) working days the attention of a grievance being referred to arbitration Joint Grievance Committee, established for this purpose by the Company and by the Local Union. The Joint Grievance Committee will render a decision, unless it is dead-locked, which shall be final and binding and have the same judicial powers as a Board of Arbitration established under the following provisions. The Joint Grievance Committee shall be comprised of two persons, one of whom shall be selected from Management and one from the Local Unions. It is understood that in the selection of the representatives, the Company must name a representative from another Company and the Union shall agree on must name a sole arbitrator representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to hear render a majority decision, the grieving party must, within fourteen calendar days of the date the Joint Grievance Committee declares a dead-lock, unless they wish to withdraw the grievance, proceed to Arbitration as outlined in this -Article. It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of: An employee grievance within seven calendar days after the General Manager or his designate has rendered a decision or failed to render a decision as provided for in Article A Company grievance within seven calendar days after the meeting with the Union Representative. A Union grievance within seven calendar days after the meeting with the Company's Representative. A notice of an intent to arbitrate under the foregoing provisions shall contain the name of the aggrieved party's appointee to the Board of Arbitration and within seven calendar days from the receipt of the notice of intent to arbitrate, the other party must in turn, name their nominee. A third member to act as Chairman shall be appointed on the recommendation of the respective appointees. Should the members fail to select a Chairman within thirty calendar days from the date of their appointment, the members shall request the Ontario or Federal Minister of Labour to name a Chairman. Should either party fail to name an appointee, the other party shall ask the Federal or Provincial Minister of Labour to make the appropriate appointment. If at anytime during the aforementioned Steps the grievance has not been processed by the griever in accordance with the time limits as prescribed, the grievance shall be deemed to have been withdrawn except, in the event a driver on highway operations is away from his home terminal and thus unavailable to proceed with the Steps of the Grievance Procedure within the time limits prescribed; such time limits shall be extended so as to permit his processing the grievance in accordance with the above steps upon his return to his home community. The expenses and remuneration Board of the arbitrator shall be borne in equal amounts by the Union and the Company. The Arbitrator Arbitration shall not have the power right to alter, amend, modify, changealter or change any provisions of this Agreement or to substitute any new provisions in lieu thereof, or make to give any decision inconsistent with the terms and provisions of the Collective this Agreement. In The Arbitrator; however, shall have the event agreement power to an arbitrator cannot be reached within fifteen (15) working days either party may apply vary or set aside any penalty, claim, or discipline imposed relating to the Minister of Labour, Province of Ontario to appoint an arbitrator. In the case of a suspension or discharge, the grievance may be submitted at Step Three then Each of the grievance process. Except at Step One (unless by request parties will bear the expense of their appointee to the Board and the parties will equally bear the fees and expenses of the concerned employee), where the employee has a grievance meeting with the Company in Step Two and Three of the grievance procedure the employee shall be accompanied by a union xxxxxxxChairman.

Appears in 1 contract

Samples: Memorandum of Agreement

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