Common use of GRIEVANCE PROCEDURE & ARBITRATION Clause in Contracts

GRIEVANCE PROCEDURE & ARBITRATION. The Employer guarantees to every employee covered by this Agreement that their status will not be prejudiced in any manner due to the fact that they have taken the action of carrying grievances to higher management levels when there has been failure to settle their complaints or grievances satis- factorily through their immediate supervisors. The procedure for the discussion of any questions or problems which might arise concerning working condi- tions shall be as follows: Step No. 1: By discussion between the employee concerned jointly with Local Union Representative,the Xxxxxxx, or Manager. Step No. 2: The grievance shall be reduced to writing at Step It shall then be discussed between the employee concerned jointly with the Vice-president, or Local Union Representa- tive, the Xxxxxxx, the Manager and/or District Manager or Superintendent. Where the Manager mentioned in Step reports directly to the Regional Director, the Manager will act for the Com- pany in both Steps and and, where mutually agreeable, both Steps may be handled at the same meeting. Step No. 3: Between the employee concerned with the President, a Representative, the Xxxxxxx or Manager, the Superintendent or District Manager, and the Regional Director or representative. Should the matter not be settled within fifteen (15) days of the date the written grievance is filed or such longer time as may be mutually agreeable, the issue may be sub- mitted to Arbitration as provided by this Agreement. Grievances will not be submitted to arbitration if ninety (90) days have elapsed from the date a third step meeting was held. Either party will get an extension if they request it in writing. Arbitration hearings will be held in one of the following locations: Ottawa, Sudbury, Toronto, Windsor. The locality to be selected by mutual agreement, however, failing agree- ment, the Chairman shall set the place for the hearing. Should the matter at issue involve the misinterpreta- tion or alleged violation of the Agreement, either party shall have the right to submit the matter to an Arbitrator. In the event the parties fail to agree upon an Arbitrator, the Min- ister of Labour for the Province of Ontario shall be requested to name a person to act as Arbitrator. The decision of the Arbitrator shall be final and binding on both parties to this Agreement. The Arbitrator shall not have anyjurisdiction to alter or change any of the provisions of this Agreement nor to substitute any new provisions in lieu thereof, nor to give any decision incon- sistent with the terms and provisions of this Agreement. The parties will jointly bear the expense of the Arbitrator.

Appears in 1 contract

Samples: Agreement

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GRIEVANCE PROCEDURE & ARBITRATION. The Employer guarantees to every employee covered by A grievance shall consist of a dispute concerning interpretation and application of any clause in this Agreement that their status will not be prejudiced alleged violations of the Agreement and alleged abuses of discretion of supervision in any manner due the treatment of Union members or the arbitrary or discriminatory cancellation of an Owner-operator’s service contract, contrary to the fact that they have taken terms of this Agreement. There shall be an xxxxxxx effort on the action part of carrying grievances to higher management levels when there has been failure both parties to settle their complaints or such grievances satis- factorily promptly and through their immediate supervisors. The procedure for the discussion of any questions or problems which might arise concerning working condi- tions shall be as follows: Step No. 1following steps: By discussion conference between the employee concerned jointly with Local aggrieved Union Representative,member and the XxxxxxxBranch 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. Failing settlement at the above step, or Manager. Step No. 2: The the Branch Manager shall render his decision in writing and shall refer the grievance shall be reduced to writing at Step It shall then be discussed and arrange a meeting between the employee concerned jointly with Union and the Vice-president, or Local Union Representa- tive, the Xxxxxxx, the Manager and/or District General Manager or Superintendent. Where the Manager mentioned in Step reports directly to the Regional Director, the Manager will act for the Com- pany in both Steps and and, where mutually agreeable, both Steps may be handled at the same meeting. Step No. 3: Between the employee concerned with the President, a Representative, the Xxxxxxx or Manager, the Superintendent or District Manager, and the Regional Director or representative. Should the matter not be settled his designate within fifteen seven (157) days of the date that the written grievance is filed or such longer time as may be mutually agreeable, the issue may be sub- mitted to Arbitration as provided by this Agreement. Grievances will not be submitted to arbitration if ninety (90) days have elapsed from the date a third step meeting was held. Either party will get an extension if they request it registered in writing. Arbitration hearings will The General Manager or his designate shall render his decision in writing within seven (7)days the date that the grievance was referred to him. In the event the Union or the Company has a grievance, it shall be held in one the responsibility of the following locations: Ottawa, Sudbury, Toronto, Windsor. The locality to be selected by mutual agreement, however, failing agree- ment, advise the Chairman shall set other party in writing within seven (7) calendar days of the place for the hearing. Should the matter at issue involve the misinterpreta- tion or alleged violation of the Agreement, either party shall have and by such notification arrange a meeting within fourteen (14)calendar days between the right General Manager or his designate and a duly accredited principal officer of the Local Union or his designate. Should the fail to submit reach a satisfactory settlement, the matter grievance may be submitted to an Arbitrator. In the event a Board of Arbitration as outlined in section Should the parties fail to agree upon an Arbitratorreach satisfactory settlement in the preceding steps, the Min- ister final settlement of Labour the grievance may be submitted to an arbitration board as outlined below. Before submitting the grievance to arbitration, the dispute shall, if requested by the grieving party, and in accordance with the procedures outlined in this Section, be brought to the attention of a Joint Grievance Committee established for this purpose by the Province of Ontario shall be requested to name a person to act as ArbitratorCompany and by the Local Unions. The decision of the Arbitrator Joint Grievance Committee will render a decision, unless it is deadlocked, which shall be final and binding on both parties to this Agreementand have the same judicial powers as a Board of Arbitration. The Arbitrator Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one (1) the Local Unions. It is further agreed that in the event that any Ontario Joint Grievance Committee is unable to render a majority decision, the grieving party must, within fourteen (14) calendar days of the date the Ontario Joint Grievance Committee declares a deadlock, unless they wish to withdraw the grievance, proceed to arbitration as outlined in Section It shall be the responsibility of the party desiring Arbitration to so inform the other party in writing in the case of: an Owner-operator grievance within fourteen (14) calendar days after the General Manager or his designate rendered a decision or failed to render a decision as provided for in section a Company grievance within fourteen (14) calendar days after the meeting with the Union representative; a Union grievance within fourteen (14) calendar days after the meeting with the Company’s representative. A notice of intent to arbitrate under the foregoing provision shall contain the name of the aggrieved party’s nominee to the Board of Arbitration and within seven (7) 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 by the respective nominees. Should either party fail to name their nominee within the required seven (7) calendar days or should the nominees fail to select a Chairman within thirty (30) calendar days the date of their appointment, either party or their nominee shall request the Provincial or Federal Minister of Labour to make the appropriate appointment. The Board of Arbitration shall not have anyjurisdiction the right to alter or change any of the provisions of in this Agreement nor to or substitute any new provisions in lieu thereof, nor this Agreement or to give any decision incon- sistent inconsistent with the terms and provisions of this Agreement. The Board shall have the authority to vary or set aside any penalty or discipline imposed relating to the grievance if it is deemed justified to do so. Each of the parties hereto will jointly bear the expense of their nominee to the ArbitratorBoard of Arbitration, and the parties will equally bear the fees and expenses of the Chairman. The Company shall not be responsible for the remuneration of time used by an Owner-operator in the investigation and settlement of a grievance. Prior to proceeding to a three (3) person Board of Arbitration, the parties may, by mutual agreement, elect to have the grievance heard by a single arbitrator. Should the parties fail to appoint a one (1) person Board of Arbitration within thirty (30) days from the date of the written referral to arbitration, either party may request the Minister of Labour to make the appropriate appointment. In the event the Company has a grievance they shall notify the principal officer of the Union by fax and a meeting will be arranged within twenty-four (24) hours receipt of the fax to discuss the alleged violation and grievance. In the event that the Union refuses to meet with the Company within the twenty-four (24) hour period as prescribed above the Company may then proceed to Arbitration. These provisions are alternative to the grievance procedures of the Company as set forth in section The mandatory time limits and procedures set out above must be observed by the Union in order to proceed to arbitration and must also be observed by the Company commencing with Section unless waived by mutual agreement.

Appears in 1 contract

Samples: Individual Agreement

GRIEVANCE PROCEDURE & ARBITRATION. The Employer guarantees 7.1 In this Article, a grievance will consist only of a dispute concerning interpretation and application of any clause in this Agreement; alleged violations of the Agreement and discipline or discharge of employees without reasonable cause. If any question arises as to every whether a particular dispute is or is not a grievance within the meaning of these provisions, the question may be taken up through the grievance procedure and 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. An employee covered called into the Employer’s office for disciplinary matters may, upon request, be accompanied by this Agreement that their status a Union Xxxxxxx. Copies of disciplinary notices will not be prejudiced in any manner due given to the fact that they have employee involved, the Union, and the Union Xxxxxxx. Any disciplinary action taken by the action Employer must be issued to the employee within five (5) working days of carrying grievances the latter of (i) the alleged infraction or (ii) when the Employer became aware of the alleged infraction. All time limits referred to higher management levels when there has been failure to settle their complaints in the grievance or grievances satis- factorily through their immediate supervisorsarbitration proceedings may be extended by mutual written agreement of the parties. The procedure for Absent such written agreement, the discussion of any questions or problems which might arise concerning working condi- tions time limits contained herein shall be as follows: Step Nostrictly construed. 1: By discussion between If the employee concerned jointly with Local or the Union Representative,fails to process the Xxxxxxxgrievance at any step within the time limits, or Manager. Step No. 2: The the grievance shall be reduced deemed to writing at Step It shall then be discussed between have been withdrawn. If the employee concerned jointly with Employer’s designated representative fails to answer a grievance within the Vice-president, or Local Union Representa- tivespecified time limits, the Xxxxxxx, the Manager and/or District Manager or Superintendent. Where the Manager mentioned in Step reports directly to the Regional Director, the Manager will act for the Com- pany in both Steps and and, where mutually agreeable, both Steps may be handled at the same meeting. Step No. 3: Between the employee concerned with the President, a Representative, the Xxxxxxx or Manager, the Superintendent or District Manager, and the Regional Director or representative. Should the matter not be settled within fifteen (15) days of the date the written grievance is filed or such longer time as may be mutually agreeable, the issue may be sub- mitted to Arbitration as provided by this Agreement. Grievances will not be submitted to arbitration if ninety (90) days have elapsed from the date a third step meeting was held. Either party will get an extension if they request it in writing. Arbitration hearings will be held in one of the following locations: Ottawa, Sudbury, Toronto, Windsor. The locality to be selected by mutual agreement, however, failing agree- ment, the Chairman shall set the place for the hearing. Should the matter at issue involve the misinterpreta- tion or alleged violation of the Agreement, either party Union shall have the right to submit immediately appeal the matter grievance to an Arbitrator. In the event the parties fail to agree upon an Arbitrator, the Min- ister of Labour for the Province of Ontario shall be requested to name a person to act as Arbitrator. The decision next step of the Arbitrator shall grievance procedure. For disciplinary measures, all infractions will be final and binding on both parties to this Agreement. The Arbitrator shall not have anyjurisdiction to alter or change any removed from the employee’s record after a period of the provisions of this Agreement nor to substitute any new provisions in lieu thereof, nor to give any decision incon- sistent with the terms and provisions of this Agreement. The parties will jointly bear the expense of the Arbitratorone (1) year.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE & ARBITRATION. The Employer guarantees to every employee covered by this Agreement It is the mutual desire of the parties hereto that their status will not be prejudiced in any manner due to the fact that they have taken the action complaints of carrying grievances to higher management levels when there has been failure to settle their complaints or grievances satis- factorily through their immediate supervisors. The procedure for the discussion of any questions or problems which might arise concerning working condi- tions employees shall be adjusted as follows: Step Noquickly as possible. 1: By discussion between the If an employee concerned jointly with Local Union Representative,the Xxxxxxx, or Manager. Step No. 2: The grievance shall be reduced has a complaint related to writing at Step It shall then be discussed between the employee concerned jointly with the Vice-president, or Local Union Representa- tive, the Xxxxxxx, the Manager and/or District Manager or Superintendent. Where the Manager mentioned in Step reports directly to the Regional Director, the Manager will act for the Com- pany in both Steps and and, where mutually agreeable, both Steps may be handled at the same meeting. Step No. 3: Between the employee concerned with the President, a Representative, the Xxxxxxx or Manager, the Superintendent or District Manager, and the Regional Director or representative. Should the matter not be settled within fifteen (15) days of the date the written grievance is filed or such longer time as may be mutually agreeable, the issue may be sub- mitted to Arbitration as provided by this Agreement. Grievances will not be submitted to arbitration if ninety (90) days have elapsed from the date a third step meeting was held. Either party will get an extension if they request it in writing. Arbitration hearings will be held in one of the following locations: Ottawa, Sudbury, Toronto, Windsor. The locality to be selected by mutual agreement, however, failing agree- ment, the Chairman shall set the place for the hearing. Should the matter at issue involve the misinterpreta- tion or alleged violation of the Collective Agreement s/he may at her/his option discuss it with her/his immediate supervisor within three days after the circumstances giving rise to the complaint (grieved action) have occurred or have or ought to have reasonably come to the attention of the employee. The Supervisor shall give a response to the complaint within three days. These discussions will not establish precedent. Failing settlement, or failing a response to the complaint, it may be taken up as a grievance in the following manner and sequence: Procedure: Any employee or group of employees, for whom the Union is the bargaining agent, may refer grievances to the appropriate Union Xxxxxxx covered under this Collective Agreement. Grievances must be tiled within fifteen working days of grieved act or except where both parties agree to an extension of time. There is no grievance until an employee has reported her/his complaint to the Supervisor. The grievance form shall contain a statement giving particulars of the grieved action, either party a statement as to the remedy sought and the provisions of the Agreement alleged to have been breached, provided that this does not preclude the or Employer from relying upon other provisions of the Agreement. Step Grievance form is completed in duplicate and signed by the employee and Union Xxxxxxx, presented to the Supervisor by the Union Xxxxxxx and employee(s) (at their option). Both copies are to be returned by the Supervisor with her/his signed comments to the Union Xxxxxxx within three working days. Once a grievance has been filed no Supervisor or Employer Official shall discuss said grievance with the grieved employee except in the presence of a Xxxxxxx or Union Official. ati ISftesp sfaction is not obtained in Step the Union Xxxxxxx, within five working days, may refer the grievance to the Department Manager or designate, who will meet and discuss the grievance with the Union Xxxxxxx, employee(s) (at their option) and the Human Resources Consultant then render a decision in writing on the prescribed forms within five working days of receiving the grievance from the Union Xxxxxxx. If s ti a sfaction is not obtained in Step the Union may within ten working days, refer the grievance to the Vice President of Human Resources or designate who shall meet with the Vice President of the Union or designate, employee(s) (at their option) and a Human Resources Consultant to review the grievance and shall render a decision in writing within ten working days. The Union or Employer shall have the right to submit the matter to an Arbitrator. In the event the parties fail to agree upon an Arbitrator, the Min- ister of Labour for the Province of Ontario shall be requested to name a person to act as Arbitrator. The decision initiate at Step grievances arising out of the Arbitrator shall be final and binding on both parties to this Agreement. The Arbitrator shall not have anyjurisdiction to alter interpretation, administration or change alleged violation of any of the provisions provision of this Agreement nor which is a policy matter that affects the Union or Employer in any way. Should the Union or Employer fail to substitute any new provisions receive a decision within the time limit set out in lieu thereofthe grievance procedure, nor the grievance shall automatically proceed to give any decision incon- sistent the next step. The Union shall provide the Employer’s Human Resources Department with a letter confirming resolution of the terms and provisions grievance within ten working days. The time limits fixed in Grievance Adjustment may be extended by consent of the parties of this Agreement. The parties will jointly bear Time absent from work for grievance representation is paid by the expense of the ArbitratorEmployer.

Appears in 1 contract

Samples: Collective Agreement

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GRIEVANCE PROCEDURE & ARBITRATION. Nothing contained this Article shall prevent an instructor from discussing personal problems or complaints the instructor's school principal. The Employer guarantees purpose of this procedure to every employee covered secure, at the lowest possible administrative level, solutions to grievances which may from time to time arise. These procedures will be kept as informal as may be appropriate at any step of the procedure. A a claim by any instructor, group of instructors, or the Union, relating to the interpretation, application or administration of this Agreement, or is an allegation that this Agreement that their status will not be prejudiced has been contravened. The term committee" shall mean a committee consisting of the President of the Local Union or designate, the Chief Xxxxxxx or the xxxxxxx representing the (or the and an equal of representatives of the Board, appointed from time to time by the Director of Education. An aggrieved instructor shall first submit representations either orally or in any manner due writing to the fact that they have taken instructor's immediate superior, who is the action of carrying grievances to higher management levels when there has been failure to settle their complaints school principal, either directly or grievances satis- factorily through their immediate supervisorsthrough'the appropriate xxxxxxx. The procedure for the discussion of any questions or problems which might arise concerning working condi- tions shall be as follows: Step No. 1: By discussion between the employee concerned jointly with Local Union Representative,the Xxxxxxx, or Manager. Step No. 2: The Any such grievance shall be reduced presented within days the time when it arose to writing the principal who shall respond within five (5) days after the formal representation. Two If a decision satisfactory to the instructor is not given or no decision is given at Step It One, then such instructor accompanied by a xxxxxxx may within days after the oral decision of Step One, present representations in writing to the Superintendent of Education, Personnel or designate. Such representations shall state the nature of the grievance, the remedy sought and the provisions of the Agreement upon which the grievance is based. Failure to state one or more provisions of the Agreement shall not prejudice the right of the instructor or of the Union to rely on any other provisions of the Agreement. Such official or designate shall notify the instructor and the xxxxxxx of the time and place at which they will meet to discuss and consider the written representations. Such meeting shall be held within days from the date upon which such official received the written representations. Such official shall give a decision in writing within days after such meeting. T If a decision satisfactory to such instructor not given or no decision is given at Step Two, then such instructor accompanied by a xxxxxxx may within days after the decision of the Superintendent of Education, Personnel or designate has been given or should have been given, submit the written representations made at Stage Two to the Deputy Director of Education, Human Resources. The Deputy Director of Education, Human Resources, or designate shall notify the instructor and the Local Union of the time and place at which the Grievance Committee will meet to discuss and consider such representations and the decision at Step Two. Such meeting shall be discussed held within days from the date upon which such official representations were received. At the request of either party, a national representative of the Union may be present. The decision of such Grievance Committee will be given to the Local Union in writing within days after such meeting. Any grievance arising directly between the employee concerned jointly with Board and the Vice-presidentUnion or any grievance involving more than one instructor instead of following the procedure hereinbefore set out, or Local Union Representa- tivemay be submitted in writing within a reasonable period by either of the parties hereto to the other. The parties agree to meet without delay in an attempt to settle the grievance through the Grievance Committee. In the event that the parties are unable to settle such grievance within twenty days after submission of same, then the party to whom the grievance was delivered shall reply in writing to such grievance within a further five days. In the event that any grievance shall not have been satisfactorily settled pursuant to the foregoing provisions, the Xxxxxxxmatter may then, the Manager and/or District Manager or Superintendent. Where the Manager mentioned by notice in Step reports directly writing be given to the Regional Directorother party within ten days after the time limited for exhaustion of the applicable procedures contained in the foregoing provisions, be referred either by the Manager will act for Union or the Com- pany in both Steps and andBoard to arbitration. The notice submitting to arbitration shall contain the name of the appointee to the Arbitration Board of the party making the submission. The recipient of the notice shall within ten days of receipt of the notice, where mutually agreeableinform the other party writing of the name of its appointee to the Arbitration Board. The two appointees so selected shall, both Steps may be handled at the same meeting. Step No. 3: Between the employee concerned with the President, a Representative, the Xxxxxxx or Manager, the Superintendent or District Manager, and the Regional Director or representative. Should the matter not be settled within fifteen ten (1510) days of the date appointment of the written grievance is filed or such longer time as may be mutually agreeablesecond of them, the issue may be sub- mitted to Arbitration as provided by this Agreement. Grievances will not be submitted to arbitration if ninety (90) days have elapsed from the date appoint a third step meeting was heldperson who shall be chairman. Either party will get an extension if they request it in writing. Arbitration hearings will be held in one If the recipient of the following locations: Ottawanotice fails to appoint an appointee, Sudbury, Toronto, Windsor. The locality to be selected by mutual agreement, however, failing agree- ment, or if the Chairman shall set the place for the hearing. Should the matter at issue involve the misinterpreta- tion or alleged violation of the Agreement, either party shall have the right to submit the matter to an Arbitrator. In the event the parties two appointees fail to agree upon an Arbitratora chairman within the time limited, then in either such case the Min- ister appointment shall be made by the Office of Arbitration of the Ministry of Labour for upon the Province request of Ontario shall either party. No person may be requested appointed to name a person the Arbitration Board who has participated directly in any attempt to act as Arbitratorsettle the grievance. The Arbitration Board shall hear and decide the grievance and shall issue its decision of in writing and the Arbitrator decision shall be final and binding on both upon the parties and any instructor affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there no majority, the decision of the chairman governs. Notwithstanding Article the Arbitration Board established as above shall decide the grievance submitted to it, including any question as to whether a matter is arbitrable, but shall have no power to alter, modify, or amend this Agreement, nor make any decision inconsistent therewith. Each party shall pay the cost of its own appointee to the Arbitration Board, and the parties shall share equally the cost of the chairman. The Arbitrator term when used this Article shall not have anyjurisdiction mean Monday to alter Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in The Education Act, Chapter as amended. Any time limits fixed by this Article for the taking of action by either party or change by any instructor may at any time be extended by agreement of the provisions of this Agreement nor to substitute any new provisions in lieu thereof, nor to give any decision incon- sistent with the terms and provisions of this Agreement. The parties will jointly bear the expense representatives of the Arbitratorparties involved.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE & ARBITRATION. The Employer guarantees In this Article a grievance shall consist only of a dispute concerning the interpretation and application of any clause in this Agreement, alleged violations of the Agreement, and alleged abuses of discretion by supervision in the treatment of employees. If any question arises as to every employee covered whether a particular dispute is, or is not a grievance, within the meaning of these provisions, the question may be taken up through the Grievance Procedure and determined if necessary, by this Agreement that their status will not Arbitration. There shall be prejudiced in any manner due to an xxxxxxx effort on the fact that they have taken the action part of carrying grievances to higher management levels when there has been failure both parties, to settle their complaints or grievances satis- factorily such grievance promptly, through their immediate supervisors. The procedure for the discussion of any questions or problems which might arise concerning working condi- tions shall be as follows: Step No. 1following steps: By discussion conference between the employee concerned jointly with Local Union Representative,aggrieved employee, Xxxxxxx and Xxxxxxx. Such conference to be held within five (5) working days (Saturdays, Sundays and General Holidays excluded) and the XxxxxxxXxxxxxx shall give his answer within five (5) working days (Saturdays, or Manager. Step No. 2: The Sundays and General Holidays excluded) of the presentation of the grievance shall be reduced to writing at Step It shall then be discussed between Failing settlement as in (a) by the employee concerned jointly with the Vice-president, or Local Union Representa- tive, Xxxxxxx and the Xxxxxxx, the Manager and/or District Manager or Superintendent. Where Xxxxxxx may ask the Xxxxxxx to make an appointment with the Manager mentioned in Step reports directly an effort to reach a settlement. It shall be the responsibility of the Xxxxxxx and the Xxxxxxx to submit a written report to the Regional DirectorManager. If a grievance is not settled after making every endeavour in procedures outlined in (a) and it shall be referred to the General Manager. Should the parties fail to reach satisfactory settlement in the preceding steps, the final settlement of the grievance must be submitted to a Board of Arbitration as outlined below. In the event that the Company has a grievance, the Manager or General Manager shall endeavour to settle the matter with the Xxxxxxx and in the event of failure, shall deal with an official of the Union. Before submitting the grievance to arbitration, the dispute may, by mutual agreement, be brought to the attention of a Joint Grievance Committee, established for his purpose by the Company and by the Local Unions. The Joint Grievance Committee will act for the Com- pany in both Steps render a decision unless it is deadlocked which shall be final and and, where mutually agreeable, both Steps may be handled at binding and have the same meetingjudicial powers as a Board of Arbitration established under the following provisions. Step NoThe Joint Grievance Committee shall be comprised of two (2) persons, one (1) of whom shall be selected from Management and one from the Local Unions. 3: Between It is understood that in the employee concerned with selection of the President, representatives the Company must name a Representativerepresentative from another Company must name a representative from another Company and the Union must name a representative from another Local Union. It is further agreed that in the event that any Joint Grievance Committee is unable to render a majority decision, the Xxxxxxx or Manager, the Superintendent or District Manager, and the Regional Director or representative. Should the matter not be settled grieving xxxxx must within fifteen fourteen (1514) calendar days of the date the written grievance is filed or such longer time as may be mutually agreeableJoint Grievance Committee declares a dead-lock, unless they wish to withdraw the issue may be sub- mitted grievance, proceed to Arbitration as provided by this Agreement. Grievances will not be submitted to arbitration if ninety (90) days have elapsed from the date a third step meeting was held. Either party will get an extension if they request it outlined in writing. Arbitration hearings will be held in one of the following locations: Ottawa, Sudbury, Toronto, Windsor. The locality to be selected by mutual agreement, however, failing agree- ment, the Chairman shall set the place for the hearing. Should the matter at issue involve the misinterpreta- tion or alleged violation of the Agreement, either party shall have the right to submit the matter to an Arbitrator. In the event the parties fail to agree upon an Arbitrator, the Min- ister of Labour for the Province of Ontario shall be requested to name a person to act as Arbitrator. The decision of the Arbitrator shall be final and binding on both parties to this Agreement. The Arbitrator shall not have anyjurisdiction to alter or change any of the provisions of this Agreement nor to substitute any new provisions in lieu thereof, nor to give any decision incon- sistent with the terms and provisions of this Agreement. The parties will jointly bear the expense of the Arbitrator.Article section

Appears in 1 contract

Samples: Collective Agreement

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