Common use of GRIEVANCE PROCEDURE Clause in Contracts

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

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GRIEVANCE PROCEDURE. 5.1 A grievance All grievances shall be defined as an alleged violationdealt with in the following manner: Step 1 (Optional) An employee, misinterpretation or misapplication and at their option, a Shop Xxxxxxx, may discuss the complaint with their immediate supervisor within fifteen (15) working days from the date they became aware of any provision of this Agreementthe event leading to the complaint. A grievance may written response will be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer provided to the employee and/or Shop Xxxxxxx within five (5) working days after presentationof the meeting. If Failing a satisfactory resolution, the grievance is not resolved orally it may be moved advanced as follows: Step 2 The grievance will be advanced in writing, indicating the general nature of the grievance, to Step Two. Step Two: The employee having a grievance shall reduce it to writing the immediate Supervisor and file the original with the Employer, appropriate Administrator or delegate with a copy to the Union, Union office. This will be done within the latter of: - seven (7) working days of the Step 1 response; or - fifteen (15) working days of the date on which the grievor became aware of the incident giving rise to the grievance. The grievor(s) with the Shop Xxxxxxx shall meet with the immediate supervisor and appropriate Administrator or delegate to discuss and attempt to resolve the grievance within five (5) working days of the receipt of the grievance. A written response will be provided to the Shop Xxxxxxx with a copy to the Union Office within ten (10) working days of the event upon which it is basedmeeting. The employee and Union Xxxxxxx shall attempt to settle Step 3 Should no settlement have occurred, the grievance with difference may be referred by the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx Grieving party within ten seven (107) working days of this meetingthe Step 2 response to the Staff Representative of the Union and to the Director, Human Resources of the College or their respective delegates who shall endeavour to settle it. If The parties shall meet to investigate and attempt to resolve the grievance is not satisfactorily settled within five (5) working days of receipt of the referral to Step 3. A written response will be provided to the Staff Representative or delegate within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingmeeting.

Appears in 4 contracts

Samples: Early Retirement Incentive Agreement, Agreement, psea.bc.ca

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged 4.1.1. In cases of violation, misinterpretation misunderstandings or misapplication of any provision differences in interpretation of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, there shall be subject no cessation or stoppage of work. Grievances will be handled in a timely and efficient manner, with both parties pledging their immediate cooperation to eliminate the above mentioned possibilities, and the following procedure is outlined for that purpose: Step One- In the event that a dispute arising on the job cannot be satisfactorily adjusted on the job between the representative of the Union involved and the Employer, the same shall promptly (not later than fifteen (15) working days), be referred to the following procedure: Step One: An employee having authorized representative of the Union and the Employer or their authorized representative. Should they fail to effect a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to settlement; the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved matter will proceed to Step Two. : Step Two: Two- The employee having dispute shall referred to a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, Board of Conciliation within ten fifteen (1015) working days of the event upon which it is baseddays. The employee and Union Xxxxxxx Board shall attempt to settle consist of two (2) persons who have no direct involvement in the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meetingdispute, appointed by each party. If these four (4) persons cannot effect a settlement within seven (7) days after the grievance is not satisfactorily settled within ten (10) working days of dispute has been referred to them, the written answer it may be moved matter shall proceed to Step Three. : Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days Three- By mutual agreement of the Director’s written answerparties, the issue may be referred to mediation. The Library Director parties shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing request a mediator from the Michigan Employment Relations Commission Federal Mediation & Conciliation Service or other mutually acceptable service. This person shall serve as mediator to resolve the dispute. The expense of employing the mediator shall be borne equally by both parties and each party shall be responsible for their own attorney fees and costs. Should mediation be waived or the parties fail to reach agreement, the matter shall proceed to Step Four. Step Four- If not resolved in Step Two or Three above within twenty-one (21) calendar days, the moving party may request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service, and the parties shall alternately strike names until only one name remains. In the event mediation is utilized, alternative the time limits for arbitration parties may agree to select a mutually agreeable arbitrator to hear the dispute. This person shall commence upon serve as arbitrator to resolve the date of termination of the mediation proceduredispute. The mediation is nonbinding. All notices expense of intent to mediate or arbitrate employing the arbitrator shall be in writingborne equally by both parties and each party shall be responsible for their own attorney fees and costs.

Appears in 4 contracts

Samples: – 2018 Agreement, – 2018 Agreement, – 2018 Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be is defined as an alleged violation, misinterpretation or misapplication of any provision Article or Section of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, The following procedure shall be subject used: STEP ONE: Any grievance must first be taken up within ten (10) school days of its occurrence by discussion with the Administrator's immediate supervisor. The Association may accompany the individual grievant on this occasion. If not resolved and intended to be carried forward, the grievance shall be reduced to writing and given to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerwithin fifteen (15) school days after the event occurred of which complaint was made. The employee may be accompanied by his/her Xxxxxxx if they so desire. The STEP TWO: During the period of the next eight (8) school days, the grievant and/or the Association shall meet with the immediate supervisor or manager to attempt a resolution of the grievance. During this period, said immediate supervisor shall give his/her answer indicate disposition of the grievance in writing with a copy to the employee within five (5) working days after presentationgrievant. If the grievance is not resolved orally it may and is intended to be moved to carried forward, such must be done within five (5) school days after the conclusion of Step Two. Step TwoSTEP THREE: The employee having a grievance During the period of the next eight (8) school days, the grievant and/or the Association shall reduce it to writing and file the original meet with the EmployerSuperintendent to attempt a resolution of the grievance. During this period, said Superintendent shall indicate disposition of the grievance in writing with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meetinggrievant. If the grievance is not satisfactorily settled resolved and is intended to be carried forward, such must be done within ten five (105) working school days after the conclusion of the written answer it may be moved to Step Three. Step ThreeSTEP FOUR: The Xxxxxxx, employee and the Union Representative, shall take the matter up grievance may be transmitted to this Step by filing a written copy with the Library Director within ten (10) working days Secretary of the Director’s written answerBoard. The Library Director Board shall, during the next three (3) calendar weeks, meet in private session (or in public session if required by the Open Meetings Act) with the grievant and/or the Association concerning the grievance. Disposition of the grievance in writing by the Board shall give his/her written answer be made within ten seven (107) dayscalendar days after said meeting and copy furnished to the grievant. If satisfactory settlement the grievance is not reached thereby resolved and is intended to be carried forward, notification shall be given as set forth below in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.

Appears in 4 contracts

Samples: www.mackinac.org, www.mackinac.org, www.flushingschools.org

GRIEVANCE PROCEDURE. 5.1 A Step One. The Association shall reduce the grievance to writing together with a proposed solution thereto and shall deliver a copy of the grievance to the immediate supervisor. The grievance shall be defined as an filed no later than fifteen (15) work days from the date of the occurrence or the date the grievant should have known of the occurrence of the alleged violation, misinterpretation violation of the Agreement. The written grievance shall be titled “Statement of Grievance” and will attempt to include all of the following information: The name of the grievant or misapplication grievants. The names of all other persons involved. The number and title of any provision and all articles of this Agreement alleged to have been violated, and by appropriate reference the sections and paragraphs of such articles alleged to have been violated. A full statement of the facts giving rise to the grievance. The contention of the grievance or grievants as to how the facts indicate violation of this Agreement. A grievance may be filed by The relief requested. Within ten (10) work days of the receipt of the grievance, the immediate supervisor shall meet with the Association’s designated representative in an employee or a group of employeeseffort to resolve the grievance. Group grievances may be initiated The grievant, at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her discretion, may be present at such meeting. Within four (4) work days of the above meeting the immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her deliver a written answer to the employee grievance to the Association’s designated representative either granting or denying it, and if it is denied, stating the reasons for denial. Step Two. In the event the grievance is not satisfactorily resolved at Step One, the Association’s designated representative, within five (5) working work days after presentationof his/her receipt of the answer, or within five (5) work days of the due date of the answer, may transmit the grievance in written form together with a proposed solution thereof to the Superintendent. Within ten (10) work days of the receipt of the grievance, the Superintendent shall meet with the Association’s designated representative in an effort to resolve the grievance. The grievant, at his/her discretion, may be present at such meeting. Within seven (7) work days of the above meeting, the Superintendent shall deliver a written answer to the grievance to the Association’s designated representative either granting or denying it and if it is denied, stating the reasons for denial. Step Three. If the grievance is not resolved orally in Step Two, it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy appealed to the Union, Board by the Association’s designated representative within ten five (105) working work days after the receipt of the Step Two answer or within five (5) work days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days due date of the written answer it may in Step Two. Such appeal shall be moved in writing and delivered to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take President or the matter up with the Library Director within ten (10) working days Secretary of the Director’s written answerBoard, and shall state the reasons for the Appeal and shall be accompanied by copies of the grievance chain (grievance, attachments, answers). The Library Director shall Board, at the next regular meeting following receipt of the grievance by the Secretary of the Board, will consider the grievance and will give his/her written its answer in writing within ten seven (107) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon work days after the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingsuch regular meeting.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. 5.1 It is desired that differences between employees and supervisors be resolved as quickly as possible. To achieve this goal, employees are encouraged to discuss such differences with their supervisor as soon as possible after they are aware of the event leading to the difference and prior to filing a grievance. Supervisors are similarly encouraged to be responsive to such discussions. Adjustments may not conflict with this Agreement or applicable laws, regulations, or policies and shall not be precedential. Such discussion is at the employee's option and the time limits for filing a grievance shall be adhered to. If the supervisor has not responded, or the employee is not satisfied with the supervisor's response, the employee must file a written grievance at Step One within the time frames set forth below. A grievance shall be defined as an alleged violation, misinterpretation any controversy or misapplication dispute involving the application or interpretation of any provision the terms of this AgreementAgreement arising between the CEA or an employee or employees and the Employer. A Grievances shall be processed on forms provided by the Employer. The grievance shall state the facts giving rise to the grievance, the specific provision(s) of the Agreement that are alleged to have been violated, and the remedy requested. If the Employer fails to render a decision within the allotted time, the grievance may be filed advanced to the next step by an employee or a group of employeesthe CEA. Group grievances Time frames may be initiated at Step Threeextended by mutual agreement of the parties. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having shall individually, or with a CEA representative, present the written grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee Division Director of the employing division within five twenty (520) working days after presentationof the disputed action or the date the employee is made aware of the action, whichever is later. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance supervisor shall reduce it to respond in writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is basedreceipt. The employee written grievance shall state specifically which Article(s) and Union Xxxxxxx Section(s) the Employer may have violated and the manner in which the violation is alleged to have occurred. Settlements reached at Step One shall attempt to settle the grievance be binding only if such settlements are consistent with the Library Directorprovisions of this Agreement, the policies and regulations of the Employer, and the authority of the respondent. The Library Director or his/her designee shall give his/her Grievances settled at Step One which are found to be inconsistent with the provisions of this Agreement, the policies and regulations of the Employer, and/or the authority of the respondent may be reopened by the Employer through written answer notice to the employee and Union xxxxxxx CEA within ten (10) working days after receipt of this meetingthe settlement. CEA may advance such a grievance directly to Step Two. Step Two: If the grievance is not satisfactorily settled unresolved at the prior Step, an appeal may be submitted by the CEA representative in writing to the Commissioner of the Department of Administration within ten (10) working days after the prior Step response is due or received. Within five (5) working days of receipt at Step Two, the grievance shall be the subject of a conference between the CEA representative and a representative of the written answer it may be moved Commissioner of the Department of Administration. If the representatives are unable to Step Three. Step Three: The Xxxxxxxresolve the grievance, employee and the Union Representative, Commissioner or designee shall take the matter up with the Library Director respond in writing within ten (10) working days of after the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingconference.

Appears in 3 contracts

Samples: Bargaining Agreement, Bargaining Agreement, Bargaining Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged claim by a teacher or group of teachers that there has been a violation, misinterpretation or misapplication of any provision provisions of this Agreementagreement may be processed as a grievance as hereinafter provided. A grievance grievant is a teacher having a grievance. Both parties agree that these proceedings shall be kept as informal and confidential as may be filed by an employee or a group appropriate at any level of employeesthe procedure. Group grievances The time limits specified may be initiated extended by mutual agreement at Step Threeall levels. In computing Any grievant may be represented at all stages of the time limits belowgrievance procedure by a person of his/her own choosing, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall notice of this representative must be subject to the following procedure: Step One: An employee having a grievance shall present it orally given to his/her immediate supervisor or any appropriate Library managersupervisor. The employee may Board is also entitled to a representative. When it is necessary at any level for a grievant and witness (one per occurrence maximum) to attend a meeting or a hearing during the school day, the Superintendent shall notify such teacher and he/she shall be accompanied by released without loss of pay for such time as his/her Xxxxxxx if they so desireattendance is required at such meeting or hearing. The immediate supervisor At all levels the time limits are binding except for periods of inclement weather which prohibit normal travel. Necessary forms pertaining to a grievance will be prepared jointly and distributed by the Association or manager shall give his/her answer to the employee within five (5) working days after presentationDistrict. If the grievance report is in favor of the grievant, all documents, communications and records dealing with the grievance shall be removed from the Personnel File. Level I A teacher with a grievance will first discuss it with his/her principal or immediate supervisor within fifteen (15) working days of the alleged violation, misinterpretation, or misapplication of this agreement, with the object of resolving the matter informally. If the teaching position is in a remote area and the immediate supervisor is not resolved orally it may stationed at the site, the first step should be moved to Step Twoaccomplished by mail, telephone, or radio. Step Two: The employee having If an informal solution has not been reached, a teacher with a grievance shall reduce it to writing and file the original may initiate a formal procedure by filing a written statement of grievance with the Employer, with a copy to the Union, immediate supervisor. This statement must be filed within ten (10) working days of the event upon which it is basedinformal discussion with the supervisor. The employee date of this action shall be the filing date. The written grievance shall include the date of the alleged violation, the article and Union Xxxxxxx item of the contract, and the signature of the grievant. The immediate supervisor shall attempt to settle the grievance meet with the Library Director. The Library Director or hisgrievant and anyone selected to accompany him/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the receipt of the written answer it may grievance. This meeting will be moved to Step Threeset by mutual consent. Step Three: The Xxxxxxx, employee and the Union Representative, immediate supervisor shall take the matter up with the Library Director render a decision in writing within ten (10) working days of the Director’s meeting dealing with the written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writinggrievance.

Appears in 3 contracts

Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

GRIEVANCE PROCEDURE. 5.1 A During the term of this Agreement, any difference concerning the dismissal, discipline or suspension of an employee or the interpretation, application, operation or any alleged violation of this Agreement, including any question as to whether any matter is arbitral, shall without stoppage of work, be the subject of collective bargaining between the Union and the Employer and shall be finally and conclusively settled under and by the following procedure. All disciplinary letters or notes that are destined to be placed on the employee’s personnel file for future reference must be copied to the Union President in addition to the applicable Manager, Human Resources. In the first instance, within thirty (30) calendar days of the date on which the incident giving rise to the grievance occurred or of the date when the employee or Union first became aware of the incident, whichever is later, the grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject submitted in writing to the following procedure: Step One: An employee having a Department Head directly concerned, and if the alleged grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee is not settled within five (5) working days after presentation. If days, the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a letter of grievance shall reduce it be referred to writing and file the original Union’s grievance committee. The grievance shall be brought before the Union's Grievance Committee, who in turn, will meet with the Employer's Committee within five (5) days of the presentation of the grievance, with and make every effort to settle the matter. Should no settlement be reached within five (5) full working days, the grievance shall be referred to a copy Board of Arbitration. The Board of Arbitration shall consist of one nominee appointed by the Employer and one appointed by the Union. These two nominees shall name a third member who shall be Chairman within three days. Should the nominees of the respective parties fail to select a Chairman, then either party to the Union, within Agreement may apply to the Minister of Labour for the Province of British Columbia to appoint such third member. The expenses and compensation to the arbi- trators shall be borne by the respective parties. The expenses and compensation for the Chairman shall be borne equally between the parties. Within ten (10) working days following its initial meeting, the Board of the event upon which it is basedArbitration shall reach a decision and its findings made known. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate majority decision shall be in writingfinal and binding on the parties.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance 8.01 It is the mutual desire of the parties hereto that complaints of employees shall be defined dealt with as an alleged violationquickly as possible, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by and it is understood that an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject has no formal grievance until she has first given her Supervisor an opportunity to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original deal with the Employercomplaint. Any employee may, if she wishes, have the assistance of her representative when discussing the matter with a copy to the Union, her Supervisor. Such discussion shall take place within ten (10) working days after the circumstances giving rise to it have occurred or ought reasonably to have come to the attention of the event upon which it is basedemployee. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee Supervisor shall give his/her written answer decision to the employee within nine (9) working days, and Union xxxxxxx failing settlement a grievance shall be dealt with in the following manner and sequence provided it is presented within ten nine (109) working days following receipt of this meetingthe Supervisor's decision. If Step No. 1 Within nine (9) working days after the decision has been given by the Supervisor, the employee, may submit a written grievance, through the Union, signed by the employee to the Chief Nursing Officer or her designee. The parties may, if they so desire, meet to discuss the grievance is not satisfactorily settled at a time and place suitable to both parties. The decision of the Chief Nursing Officer shall be given in writing within ten nine (109) working days after its presentation at this Step. Failing settlement, then: Step No. 2 Within nine (9) working days after the decision has been given by the Chief Nursing Officer, the grievance, may be submitted in writing to the President and/or his designated representative. A meeting will be held between the President and the Grievance Committee within nine (9) working days of the written answer it submission at Step 2 unless extended by agreement of the parties. It is understood and agreed that a representative(s) of the Ontario Nurses’ Association and the grievor may be moved present at the meeting. It is further understood that the Hospital President or designate may have such counsel and assistance as he may desire at such meeting. The decision of the Hospital shall be given in writing to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director Bargaining Unit President or Designate within ten nine (109) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon following the date of termination such meeting. A copy of the mediation procedure. The mediation is nonbinding. All notices of intent second step grievance reply will be provided to mediate or arbitrate shall be in writingthe Labour Relations Officer.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A The following procedure shall be used for the resolution of grievances: Step One Within seven (7) calendar days of the occurrence of the difference or within seven (7) calendar days of when the employee first becomes aware of the matter giving rise to the difference, the employee, with or without a shop xxxxxxx (at the employee’s choice) shall discuss the difference with her Department Manager or designate. In this first step, both parties shall make every effort to settle the dispute. Step Two If the difference is not settled in Step One, within fourteen (14) calendar days of the meeting in Step One, the grievance shall be defined as an alleged violationreduced to writing and presented to the Department Manager or designate. Within seven (7) calendar days of receiving the written grievance, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shop xxxxxxx shall be subject given a written response to the following procedure: grievance. Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. Three If the grievance is not resolved orally it settled at Step Two, the grievance may be moved advanced to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, Three within ten fourteen (1014) working calendar days of the event upon which it is basedreceipt of the Employer’s written response in Step Two or when such response should have been received. The employee grievance shall be discussed between a Representative designated by the Union and the Administrator or designate. The Union Xxxxxxx shall attempt to settle Representative at her discretion may be accompanied by the respective xxxxxxx and/or employee. At this step of the grievance with procedure, each party shall provide to the Library Directorother a statement of facts and copies of all relevant documents. The Library Director or his/her designee Within seven (7) calendar days of the meeting, if the matter is not resolved, the Employer representative shall give his/her written answer to reasons for denying the employee and Union xxxxxxx within ten (10) working days of this meetinggrievance. If the time limits are not complied with, the grievance is not satisfactorily settled within ten (10) working days shall be considered as being abandoned, unless the parties have mutually agreed in writing, including the use of e-mail, to extend the written answer it time limits. The time limits as set out in the Grievance and Arbitration articles may be moved to changed by mutual agreement. Failing settlement at Step Three. Step Three: The Xxxxxxx, employee and Three the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it grievance may be moved referred to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingarbitration.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined (a) Grievance Any difference arising between the parties as to the interpretation, application, operation or alleged violation of the Agreement, including any difference arising over the suspension or dismissal of an alleged violationEmployee, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or and including the question as to whether a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined abovematter is arbitrable, shall be subject to finally and conclusively resolved without stoppage of work in the following proceduremanner: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. Stage 1 The employee may be accompanied by his/her Shop Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, Employee(s) shall first request a meeting with a copy to the UnionDirector of Operations or designate, within ten (10) working days of the event upon which it is basedalleged violation or Union becoming aware of the alleged violation. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. · Stage2 If the grievance is not satisfactorily settled resolved within ten (10) working days of the written answer it may be moved meeting referred to Step Three. Step Three: The Xxxxxxxin Stage 1 of the grievance procedure, employee and the Union Representativelocal may, shall take within a further ten (10) working days, by letter to Human Resources, refer the matter up with to Stage 2 of the Library Director grievance procedure. Two representatives of the local and grievor and two representatives of the Employer shall meet within ten (10) working days of the Director’s written answerreferral and attempt to resolve the grievance. The Library Director Policy grievance shall give his/her written answer be initiated at Step 2. Stage 3 If the grievance is not resolved within ten (10) days. If satisfactory settlement is not reached working days of the meeting referred to in twenty Stage 2 of the grievance procedure, the matter may be referred by the local or the Employer, within a further fifteen (2015) working days, it may to arbitration. This referral will be moved in writing with notice to Step Four the other party. The matter shall be referred to a Board of Arbitration of three (3) members. One member shall be appointed by the Employer and one by the Union. The third member, who shall be Chairperson of the Arbitration Board, shall be appointed by the parties' appointees. Should the parties' appointees be unable to agree on a Chairperson within five (5) days of the appointment of the member last appointed, then the Chairperson shall be appointed by the Minister of Labour of the Province of British Colmbia. The parties may, as an alternative choose to have a single arbitrator to resolve the issue; in either case the appointment shall be made within thirty (30) days of referral. The majority decision of the Board of Arbitration or Step Fivesingle arbitrator shall be final and binding upon the Employer, the Union and the Employee(s) concerned, with due regard to this Agreement and the Labour Relations Code. Step Four: Mediation may Each party shall pay the cost of its appointee and one-half (1/2) of the cost of the Chairperson, or one half (1/2) the cost of the single arbitrator. Arbitrators to be initiated chosen by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Servicemutual agreement. In the event mediation is utilizedthat Stage 2 has not provided a satisfactory settlement and prior to the matter being referred to Stage 3, the time limits for arbitration shall commence upon the date of termination two representatives of the mediation procedureLocal and grievor and two representatives of the Employer may meet within ten (10) working days of the referral to Stage 3 and attempt to resolve the grievance. The mediation purpose of this meeting is nonbinding. All notices to explore possible solutions to the dispute not discussed at previous stages of intent to mediate or arbitrate shall be in writingthe grievance procedure.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her . The parties agree that all complaints and grievances should be resolved, whenever possible, with the immediate supervisor and the employee involved. It is the intent and purpose of the parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any employee with a complaint or any issue should contact the appropriate Library managersupervisor within five (5) business days after the employee had knowledge or should of have knowledge of the alleged occurrence in order to discuss and resolve the issue. Both parties will make every effort to resolve the issue. The employee may be accompanied by have his/her Union Business Representative and Chief Xxxxxxx and a Xxxxxxx and a Union Official and any witnesses deemed necessary by the union who will give first hand testimony present if they so desiredesired. The immediate supervisor or manager Company shall give his/her answer inform the employee of the right to have a Union Representative present prior to the employee start of any investigation meeting that could lead to discipline, however no settlement shall be made without the presence of a Union Official or Chief Xxxxxxx / Xxxxxxx. Any grievance settlements at Step One of the grievance process, whether by concession, withdrawal. settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. Step Two If the grievance is not satisfactorily settled as outlined in Step one (1), a written grievance may then be presented to the Branch Manager or his designated representative no later than five (5) working days after receipt by the Union Assigned Business Representative and/or Union Official of the decision rendered in Step One (1) hereof. The Branch Manager and/or designated company representatives shall meet with the Union Business Representative and Chief Xxxxxxx and Grievant and Stewards and a Union Official and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter and render a written decision thereon within five (5) working days after presentationsaid meeting/appeal. If a settlement is reached, it will be reduced to written form and the matter shall be considered closed. If the Branch Manager fails to provide a written decision within this time limit, the grievance is remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step two of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not resolved orally it may be moved to Step Two. Step Two: The employee having constitute a grievance shall reduce it to writing and file precedent binding the original with the Employer, with a copy to Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. Step Three If not satisfactorily settled as outlined in Step Two (2) above, the written grievance may then be presented to the Director of Maintenance or Business Manager no later than five (5) working days after receipt by the Union Assigned Union Business Representative and/or Union Official of the decision rendered in Step two (2) hereof. The Director of Maintenance and/or Business Manager and/or designated company representatives shall meet with the Union Business Representative and Chief Xxxxxxx and Grievant and Stewards and Union Officials and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter and render a written decision thereon within ten five (105) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Director of Maintenance or Business Manager fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. If the parties fail to resolve the grievance as outlined in Step Three, the Union may appeal the grievance to arbitration within thirty (30) days after written decision of step three. Grievances arising out of a suspension without pay or a discharge shall be submitted directly to Step three described in Section 2 herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Director of Maintenance or Business Manager within five (5) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle effective date of the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meetingaction. If the a written grievance is not satisfactorily settled submitted to the Director ofMaintenance or Business Manager within ten five (105) working days of the written answer it effective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. Such failure to act timely shall not set a precedent binding upon the Union or the Company for future grievances. It is understood that a Union Official or Chief Xxxxxxx may file grievances on behalf of the Union's interest under this agreement. Therefore, if a grievance pertains to the Company's interpretation of the intent and purpose of the application of a specific article and section of this agreement that has wide bargaining unit effect, the grievance may be moved to Step Three. Step Three: The Xxxxxxx, employee and the filed by a Union Representative, shall take the matter up with the Library Director within ten (10) working days Official on behalf of the Director’s written answerUnion. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working daysFurther, it may be moved if a grievance relates to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation policy and Conciliation Service. In the event mediation is utilizedaffects numerous employees, the time limits for arbitration grievance shall commence upon be consolidated and filed by the date of termination Chief Xxxxxxx on behalf of the mediation procedure. The mediation is nonbinding. All notices group of intent to mediate or arbitrate shall be in writing.employees

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 5.1 A In case of a grievance shall be defined as an alleged violation, misinterpretation or misapplication dispute concerning the interpretation or application of any provision the terms of this Agreement. A , a representative from the Union and a representative from the Employer shall immediately attempt to settle the grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerdispute. The employee may be accompanied by his/her Xxxxxxx right to grieve is lost if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved brought up in writing within thirty (30) working days from the time the Union is aware of such dispute. If the parties are unable to Step Two. Step Two: The employee having do so, a grievance shall reduce it to writing Board of Adjustment composed of two (2) representatives from the Union and file two (2) representatives from the original with the Employer, with a copy to the UnionEmployer shall, within ten (10) working days after written notice is mailed by either party to the other, meet to consider all questions under dispute and endeavor to arrive at a satisfactory settlement. By advance mutual agreement of the event upon which it is basedParties, an Adjustment Board as described above can be convened with the addition of a neutral mediator. The employee mediator will provide a non-binding recommendation to the parties to assist the parties in settling the grievance. If the parties reach a settlement, it shall be reduced to writing the day of the Board of Adjustment and Union Xxxxxxx shall attempt to settle signed off by the grievance with the Library DirectorBoard members. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If parties may file for Arbitration if the grievance is not satisfactorily settled at the Board of Adjustment. The party filing the Arbitration shall notify the other in writing within ten twenty business (1020) working days of the written answer it may Board of Adjustment. The Arbitrator shall be moved selected by mutual agreement between the parties. If the parties are unable to Step Threeagree upon an arbitrator, they shall request a list of nine (9) arbitrators from the FMCS. Step Three: Upon receipt of such a list, the parties shall alternately strike one (1) name from the list until one name remains. That person shall serve as arbitrator. The Xxxxxxxparty striking the first name shall be determined by the flip of a coin. The costs of the Arbitration shall be borne equally by the parties. The decision of the Arbitrator shall be final and binding upon the Employer, employee the Union and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answeremployee(s). The Library Director Arbitrator shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working dayshave no authority to add to, it may be moved to Step Four amend, delete or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingmodify this Agreement.

Appears in 2 contracts

Samples: Window Cleaners Agreement, Window Cleaners Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall is hereby jointly defined to be defined as an alleged violationany dispute, misinterpretation which may arise under the interpretation or misapplication of any provision application of this Agreement. A Any grievance may be filed by arising between the Employer and the Union or an employee or a group of employees. Group grievances may be initiated at Step Three. In computing represented by the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, Union shall be subject to settled in the following proceduremanner: Step One: An The Xxxxxxx or Alternate and employee having a shall take up the written grievance shall present it orally with the Department head within five (5) working days of the occurrence of the event or first knowledge of the event giving rise to his/her immediate supervisor the grievance; thirty (30) days for economic issues. Within five (5) working days after the grievance is presented by the employee or any appropriate Library managerthe Union, the Department head will meet with the employee and the Xxxxxxx to discuss the grievance. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager Department head shall give his/her answer respond, in writing, to the xxxxxxx and aggrieved employee within five (5) working days after presentationthe meeting date. If Within five (5) working days after the written response of the Department head is received, if the grievance is not resolved orally it between the parties, the xxxxxxx and aggrieved employee may be moved submit the grievance in writing to Step Twothe Town Manager with a copy of the grievance to the Local Union business office. Step Two: The employee having Within five (5) working days after receipt of the written grievance by the Town Manager, the Town Manager will hold a grievance shall reduce it to writing and file the original meeting with the EmployerUnion Business Agent and the xxxxxxx on the grievance. Within five (5) working days after the meeting, with a copy the Town Manager will respond, in writing, to the UnionUnion as to his/her decision on the grievance. In the event that the decision of the Town Manager is not acceptable, the Union may, within ten (10) working days after receipt of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the Town Manager’s response, file a written request for grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days arbitration of the written answer it may be moved issue and so advise the Town of the Union’s request to Step Threearbitrate. Step Three: The Xxxxxxx, employee and parties shall attempt to mutually agree upon an arbitrator. If the Union Representative, shall take the matter up with the Library Director parties cannot agree upon an arbitrator within ten fifteen (1015) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement from when notice to arbitrate is not reached in twenty (20) working daysfiled, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from can request the Michigan Employment Relations Commission or Federal Mediation and Conciliation ServiceService to appoint an arbitrator. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination The expenses of the mediation procedurearbitrator and the proceedings shall be shared equally by the parties. Failure to meet these time deadlines shall terminate the grievance. The mediation is nonbindingarbitrator shall have no authority to amend, modify, add to, or detract from the specific terms and provisions of the Agreement. All notices of intent to mediate or arbitrate The arbitrator’s decision shall be in writingfinal and binding on the parties for the duration of the Agreement. The arbitrator shall be requested to issue the decision within thirty (30) days after the conclusion of the testimony and final arguments. Expenses of the arbitrator’s services and the proceedings shall be borne equally by the Town and the Union; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause a record to be made providing it pays for the record and make copies available without charge to the other party and to the arbitrator.

Appears in 2 contracts

Samples: Agreement, Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance 7.01 It is the mutual desire of the Parties hereto that complaints of employees shall be defined adjusted as an alleged violationquickly as possible, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by and it is understood that an employee or has no grievance until the employee’s immediate supervisor has first been given an opportunity to adjust the complaint. If an employee has a group of employees. Group grievances may be initiated at Step Three. In computing the time limits belowcomplaint, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, it shall be subject to discussed with the following procedure: Step One: An employee having a grievance shall present it orally to hisemployee's immediate Manager/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee Director within five (5) working days after presentationthe circumstances giving rise to the complaint have become known or ought reasonably to have become known; failing settlement within two (2) working days thereafter, it may then be taken up as a grievance within two (2) working days following the advice of the immediate Manager or Director’s decision in the following manner and sequence: STEP NO. If 1 The employee may present a grievance to the immediate Manager/Director and may have the assistance of the area grievance xxxxxxx in doing so. The grievance shall be in writing on a grievance form approved by the Employer and the Union and shall include the nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated; failing settlement, the immediate Manager/Director shall deliver a decision, in writing, within five (5) working days following the presentation of the grievance. Failing settlement: STEP NO. 2 Within three (3) working days after the decision in Step No. 1 is given, the employee (who may request the assistance of a committee member) may submit the grievance is not resolved orally it in writing to the Manager, Human Resources, or designate, who shall deliver a decision in writing within three (3) working days following the presentation of the grievance. The assistance of the Grievance Committee may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file requested by either the original with griever or the Employer. It is agreed that the Parties to this Agreement may have the assistance at any time, with a copy to of any representative, solicitor or other authorized agent as they may require, at Step No. 2 of the Union, within Grievance Procedure or at any subsequent stage. Failing settlement: STEP NO. 3 Within ten (10) working days after the decision in Step No. 2 is given, the griever, who may request the assistance of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle Grievance Committee, may submit the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer in writing to the employee and Union xxxxxxx Chief Executive Officer or designate. A meeting will then be held within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days between the Chief Executive Officer or designate and the Grievance Committee; and an accredited representative of the Union shall be present at the request of either the Employer or the Union. The decision of the Chief Executive Officer or designate shall be delivered in writing within seven (7) working days, it . It is understood that the Chief Executive Officer or designate may have such counsel and assistance as may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingdesired at any such meeting.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance Grievance shall be defined as an alleged violation, misinterpretation or misapplication limited to matters concerning the specific provisions of any provision of this Agreementthe agreement. A grievance may be filed means a claim by an employee a unit member or a group unit members that the terms of employeesthe contract have been violated, improperly applied, or misinterpreted. Group grievances may be initiated at Step ThreeThis procedure shall constitute the sole and exclusive method for adjustment of grievances. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having Level I Any unit member who claims a grievance shall present it orally the grievance informally to his/his or her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desirewithin fifteen (15) days after the event in contention. The immediate supervisor or manager shall give his/her an answer to the employee unit member not more than three (3) work days after the grievance is presented. Level II Within five (5) work days after completion of Level I, the grievance, if it has not been resolved, shall be presented by the unit member to the Personnel Administrator or his designated representative, in writing, signed by the grievant. The Personnel Administrator shall report the decision in writing to the grievant and the Association’s grievance committee person within five (5) working work days. Level III Within five (5) work days after presentationcompletion of Level II, the grievance, if it has not been resolved, shall be presented by the unit member to the Superintendent or his designated representative and the Association’s grievance committee person in writing, and a meeting between the Superintendent and the grievant shall be requested. Following the meeting, the Superintendent shall inform the grievant and the Association’s grievance committee person in writing of the decision. If this action is not completed within five (5) work days, the grievance may proceed to Level V. Level IV Within five (5) work days after the completion of Level III, the grievance, if it has not been resolved, shall be referred to a fact finding committee consisting of three (3) members: one appointed by the Governing Board, one appointed by the Association, and a chairman selected and mutually agreeable to both the Governing Board and the Association. Such notice shall be in writing and shall be signed by the unit member initiating the grievance and the Association’s grievance committee person. Within five (5) work days after the receipt of such notice, the fact finding committee shall meet to determine the facts relating to the grievance. Within fifteen (15) work days the committee shall submit its recommendations or reasons for extending the time to the Superintendent and the Association’s grievance committee person in writing of the decision. The Superintendent will then have five (5) work days to consider these recommendations and shall inform the grievant and the Association’s grievance committee person in writing of the decision. If the grievance decision is not resolved orally it satisfactory to both parties, the Association may be moved to Step Two. Step Two: The employee having a grievance shall reduce submit it to writing and file Level V for arbitration. All costs for fact finding shall be shared by the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee District and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answerAssociation. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.Level V

Appears in 2 contracts

Samples: www.cajonvalley.net, www.cajonvalley.net

GRIEVANCE PROCEDURE. 5.1 A 7.01 An employee who has a complaint shall discuss same with his immediate supervisor, either directly or with his xxxxxxx. If the complaint is not settled, it may be treated as a grievance and thereafter processed through the following steps in sequence. Any and all of the time limits set out in this Article may be extended by mutual consent in writing. The grievance shall be defined as an reduced to writing, dated and presented to the supervisor involved, within thirty (30) normal working days of the alleged violation, misinterpretation or misapplication of any provision of this Agreementincident leading to the grievance. A meeting will then be arranged within three (3) normal working days subsequent to the date the grievance may is received by the supervisor. The grievance will be filed taken up by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday supervisor and Holidays are excluded. All unsettled grievancesdepartment manager, as defined above, well as the union xxxxxxx and/or area xxxxxxx (or appropriate representative). Such union representation shall be subject include the grievor. Both parties will jointly complete a fact sheet defining the nature of the grievance and outlining the events and circumstances relating to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managergrievance. The employee supervisor will render his decision in writing within three (3) normal working days after the conclusion of the meeting(s) on said grievance. Step No. 2 Failing settlement of step No. 1, the Company and Union grievance committees will hold a joint meeting (the grievor may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee attend), within five (5) normal working days subsequent to the date of the supervisor’s written decision. The committees will review the fact sheet and the Collective Labour Agreement in an attempt to resolve the grievance. The Company will render a decision in writing within three (3) normal working days. Step No. 3 Failing settlement at Step No. 2, the grievance may be taken up by the negotiating committee, with the company management committee within thirty-five (35) normal working days subsequent to the date of the Company’s written decision. The Management Labour Consultant may attend upon request of the Company. An International Representative of the union may attend upon request of the Union. The supervisor and/or department manager and/or area xxxxxxx may be required to attend. The authorized member of the management committee will render the decision of such committee in writing within three (3) normal working days after presentationthe conclusion of such meeting(s) on said grievance. If Suspension except those of a severe nature (e.g. sabotage, fighting, assault, theft, use of chemical substances, etc.) shall not be served until the grievance is not resolved orally it may has been disposed of up to and including Step No. 3 above. Suspensions arising from actions of a severe nature shall be moved to taken up at Step TwoNo. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, 3 within ten seven (107) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the filing a grievance with the Library DirectorCompany. Step No. 4 Any grievance arising from the interpretation, application, administration or alleged violation of this agreement which has not been settled under the grievance procedure, including any question as to whether a matter is arbitrable, may within but not more than thirty-five (35) normal working days after the completion of Step No. 3, be submitted to arbitration by either party. When either party to this agreement requests that a grievance be submitted to arbitration they shall make such request in writing and address same to the other party. The Library Director or his/her designee parties shall give his/her written answer than proceed to arbitration as provided for under the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Ontario Labour Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingAct.

Appears in 2 contracts

Samples: Collective Labour Agreement, Collective Labour Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as driver who feels that an alleged event, condition or circumstance under which the driver works, allegedly caused by a violation, misinterpretation misinterpretation, or misapplication of any provision inequitable application of this Agreement. A grievance , may appeal as follows: Level I: All complaints or grievances shall be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday resolved as soon and Holidays are excludedas simply as possible. All unsettled grievances, as defined above, such complaints shall first be subject presented informally to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee Transportation Supervisor within five (5) working days after presentationof the alleged violation. If the problem is not resolved, the driver shall proceed to Level II. Level II: Within five (5) working days of the above conference, the alleged violation must be presented in writing, on the form provided in Appendix C, to the Transportation Supervisor. Within five (5) working days, the Transportation Supervisor shall provide a written response. A conference with the driver, the Transportation Supervisor, and an Association representative shall then be held. Following this conference, the Association representative shall report to the officers of the Association and make a determination of the merits of an appeal. Level III: If the problem is not resolved at Level II and the officers of the Association feel that the complaint has merit, the Association shall file a Level III appeal form with the Chief Financial Officer or designee in charge of personnel within five (5) working days. The Chief Financial Officer or designee shall respond within five (5) working days. Level IV: If the grievance is not resolved orally it at the Chief Financial Officer or designee level, the administration and the Association may be moved jointly agree to Step Twoseek a solution through the use of a State of Michigan mediator. Step TwoLevel V: The employee having a grievance shall reduce it to writing and file If arbitration becomes necessary, the original with Association will notify the Employer, with a copy to the Union, Board within ten (10) working days of the event upon which it is basedits intent. The employee and Union Xxxxxxx arbitrator shall attempt to settle be selected by the grievance American Arbitration Association in accordance with its rules, which shall likewise govern the Library Directorarbitration hearing. The Library Director Board and Association shall not be permitted to assert in such arbitration proceeding any ground or his/her designee shall give his/her written answer to rely on any evidence not previously disclosed to the employee and Union xxxxxxx within ten (10) working days Board or to the Association. The arbitrator shall have no power to alter, add to, or subtract from, the terms of this meetingAgreement. If Both parties agree to be bound by the grievance is not satisfactorily settled within ten (10) working days award of the written answer it arbitrator and agree that judgment thereon may be moved to Step Three. Step Three: The Xxxxxxx, employee entered in any court of competent jurisdiction where such award does not conflict with or deny the powers and the Union Representative, shall take the matter up with the Library Director within ten (10) working days duties of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated Board granted by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writinglegislative act.

Appears in 2 contracts

Samples: Agreement, Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance GRIEVANCES SHALL BE HANDLED IN THE FOLLOWING MANNER STEP ONE - Immediate Administrator and/or Supervisor. If a problem is not settled during informal discussions and the employee wishes to pursue the matter, the employee shall file a grievance, in writing, to the immediate Administrator and/or Supervisor. This presentation shall be defined as an alleged violationwithin a reasonable time, misinterpretation but not to exceed forty-five (45) working days after the grievant knew or misapplication by reasonable diligence should have known of any provision the act or condition upon which the grievance is based. The written information shall include: (a) names, dates, and places necessary for a complete understanding of the grievance; (b) a listing of the provisions of this Agreementagreement which are alleged to have been violated; (c) the date(s) informal discussions occurred and the name(s) of participant(s); (d) a listing of specific actions requested of the public school employer which will remedy the grievance. A Within five working days of receipt of the grievance the immediate Administrator/or Supervisor, either party may be filed by an employee or request a group of employees. Group grievances may be initiated at Step Three. In computing meeting to discuss the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managergrievance. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager District shall give his/her answer to indicate the employee disposition of the grievance in writing within five (5) working days after presentationof such meeting and shall furnish a copy thereof to the employee organization and to the grievant. If no answer is received within the time limit established, the grievant may appeal to Step Two STEP TWO - Superintendent If the grievant is not satisfied with the disposition of the grievance in Step One, the grievance shall be transmitted to the Superintendent or the Superintendent's designee within ten (10) working days. Within five (5) working days from the receipt of the grievance the Superintendent or designee shall meet with the grievant on the grievance and shall indicate the disposition of the grievance in writing within five (5) working days of such meeting and shall furnish a copy thereof to the employee organization and to the grievant. STEP THREE - Advisory Arbitration In the event that the grievance is not resolved orally it may be moved to satisfactorily adjusted at Step Two, CSEA may submit a request in writing that the grievance be submitted to arbitration. The request shall be made within five (5) working days of the receipt of the response at Step Two: Two or the failure of the District to timely respond. The employee having parties shall immediately attempt to select a grievance shall reduce it mutually acceptable arbitrator either from lists to writing and file be developed by the original with parties or developed by the Employer, with a copy PERB. If the parties are unable to the Union, agree upon an arbitrator within ten (10) working days of the event upon which it is basedrequest for arbitration, the grievance shall be submitted to the American Arbitration Association for a list of qualified arbitrators, the parties shall select the arbitrator from the list. The employee and Union Xxxxxxx selection process shall attempt to settle be completed within five (5) work days of receipt from the grievance with the Library DirectorAmerican Arbitration Association. The Library Director or conduct of the arbitration shall be governed by the voluntary labor arbitration rules of the American Arbitration Association. Both parties agree that, subject to the provisions of the Code of Civil Procedure of the State of California, the arbitration award resulting from this procedure shall be advisory only on all parties. The costs of arbitration shall be borne equally by the District and CSEA. An individual representing himself/herself may elect to take his/her designee case to arbitration. In such instances he/she shall give his/her written answer to follow the employee and Union xxxxxxx within ten (10) working days procedures of this meetingsection and shall share the cost with the District. If either party appeals the grievance is not satisfactorily settled within ten (10) working days decision of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved arbitration to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from of the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilizedGrievance Procedure, the time limits for arbitration appealing party shall commence upon pay the date of termination full cost of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingarbitration.

Appears in 2 contracts

Samples: Article of Agreement, Article of Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance 12.01 Subject to Clauses 12.03 and 12.07, grievances shall be defined processed in the following manner: Step 1: With the exception of dismissal due to unsuitability or incompetence, as an alleged violationassessed by the Employer, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an a probationary employee or a group of employees. Group grievances may be initiated at Step Three. In computing the part-time limits belowor temporary employee with less than six (6) months' service and subject to Clauses 12.03 and 12.07, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined abovean employee who alleges that he/she has a grievance, shall be subject to first present the following procedure: Step One: An employee having a grievance shall present it orally matter to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by through his/her Shop Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days of the occurrence or discovery of the incident giving rise to the alleged grievance and an xxxxxxx effort shall be made to settle the grievance at this level. In cases where an employee's immediate supervisor is his/her permanent head, the grievance may be submitted immediately at Step 3. Step 2: If the employee fails to receive a satisfactory answer within five (5) days of presenting the matter under Step 1, he/she may, within five (5) days present a grievance in writing to the second managerial level designated by the permanent head who will give the grievor a dated receipt. In instances where there is no second level of management other than the Director of Human Resources, the employee may submit his/her grievance at Step 3 within the prescribed time limits. In the interest of expediency, the grievor, in conjunction with a shop xxxxxxx, shall submit a written summary at the time of submitting the grievance at Step 2, on a without prejudice basis. Step 3: If the employee fails to receive a satisfactory answer to his/her grievance within five (5) days after presentation. If the filing of the grievance is not resolved orally it may be moved at Step 2, he/she may, within a further five (5) days submit his/her grievance in writing to Step Twothe Director of Human Resources who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. Step Two: The employee having a grievance Union shall reduce it appoint its two (2) representatives to writing the committee and file the original with advise the Employer, with a copy to . The Employer shall appoint two (2) representatives and notify the Union, Union within ten (10) working days of the event upon which it is basednames of the Employer representatives on the Grievance Committee. One of the Employer's representatives shall chair the meeting(s). The employee and Union Xxxxxxx committee shall attempt be entitled to settle interview such persons as it deems necessary for the investigation of the grievance with the Library Director. The Library Director or his/her designee and shall give his/her written answer its decision in writing to the employee and Union xxxxxxx grievor within ten (10) working days of this meetingreceipt of the grievance. The committee's report shall consist of the joint decision of the committee where the committee members agree to a solution. If the grievance matter is not satisfactorily settled within ten (10) working days mutually resolved by the committee, then the Employer's representatives will send their position, along with a brief summary of the written answer it may be moved committee's deliberations, to Step Three. Step Three: The Xxxxxxxthe grievor, employee and with a copy being sent to the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingUnion.

Appears in 2 contracts

Samples: General Service Collective Agreement, General Service Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of Level One - Informal Any employee with a problem must have privately discussed this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to problem with his/her immediate supervisor before a grievance shall be filed. The problem shall have been discussed within fifteen (15) days after the alleged grievance occurs, or any appropriate Library managerthe grievance shall no longer exist. Level Two - Formal If the informal discussion does not resolve the grievance to the satisfaction of the employee, such employee shall have the right to lodge a written grievance with such employee’s immediate supervisor. If such grievance is not lodged within five (5) days following the discussion at Level One, the grievance shall no longer exist. The written grievance shall be on a standard form supplied by the Board of Education and shall contain a concise statement of the facts upon which the grievance is based, and a reference to the specific provisions of the written agreement allegedly violated, misinterpreted or misapplied, and the relief sought. A copy of such grievance shall be filed with the Superintendent. The employee may be accompanied by shall have a right to request a hearing before his/her Xxxxxxx if they so desireimmediate supervisor. The immediate supervisor or manager Such hearing shall give his/her answer to the employee be conducted within five (5) working days after presentationreceipt of such request. If The aggrieved shall be advised, in writing, of the time, place and date of the hearing. The immediate supervisor shall take action on the written grievance within three (3) days after receipt of said grievance, or if a hearing is not resolved orally it may requested, within three (3) days after the conclusion of said hearing. The action taken and the reasons for the action shall be moved to Step Two. Step Two: The employee having a grievance shall reduce it reduced to writing and file the original with the Employer, with a copy copies sent to the Unionaggrieved, the Superintendent, the Treasurer of the Board of Education and the President of OAPSE. Level Three - Formal If the action taken by the immediate supervisor does not resolve the grievance to the satisfaction of the grievant, such employee may appeal, in writing, to the Superintendent. Failure to file such an appeal within ten five (105) days from receipt of the written notice of the immediate supervisor’s action on said grievance shall be deemed a waiver of the right to appeal. Upon request, a hearing shall be conducted by the Superintendent within five (5) working days after the receipt of the event upon which it is basedrequest. The employee aggrieved shall be advised, in writing, of the time, place and Union Xxxxxxx date of such hearing. The Superintendent shall attempt to settle take action on the appeal of the grievance with within five (5) days after receipt of the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten appeal, or, if a hearing is requested, five (105) working days after the conclusion of this meetingsuch hearing. The action taken and the reasons for the action shall be reduced to writing and copies sent to the aggrieved, the immediate supervisor and Treasurer of the Board of Education and the President of OAPSE. Level Four - Formal If the grievance aggrieved is not satisfactorily settled satisfied with the disposition made at Level III, then he/she may within ten five (105) working days of the written answer it may be moved to Step Three. Step Three: The XxxxxxxLevel III response, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days request a hearing before a committee of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.two

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

GRIEVANCE PROCEDURE. 5.1 A. A grievance shall be is defined as an alleged violationviolation (misapplication or misinterpretation) of a specific article or section of this agreement. If any such grievance arises, misinterpretation or misapplication it shall be submitted to the following grievance procedure. A copy of the grievance form will be included in the contract. Representation of unit members shall be limited to designated Union officials. Unit members may represent themselves at the grievance hearing and, if so, the Union shall have the opportunity to be present at such hearings and any provision settlement of a grievance must be consistent with the terms of this Agreement. A grievance may be filed by an employee or a group STEP ONE Within ten (10) working days of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall arises or the employee knows or should have known of the grievance, the employee will present it orally the grievance verbally, to his/her immediate supervisor or any the appropriate Library managerdesignated person. The Within five (5) working days after presentation of the grievance, the supervisor or designated representative shall informally respond. STEP TWO Within five (5) working days of receipt of the supervisor’s oral response, if the grievance is not resolved, the employee may be accompanied by shall present a written grievance to his/her Xxxxxxx if they so desire. The immediate supervisor or manager the appropriate designated person. Within five (5) working days after presentation of the grievance, the supervisor or designated representative shall give his/her answer in writing to the employee. STEP THREE If the grievance is not resolved in Step Two, the employee or the Union Representative may, within five (5) working days of receipt of the supervisor’s answer, submit to the Superintendent or his/her designated representative, the answer at Step Two with the original grievance statement. The Superintendent or his/her designated representative shall meet with the grievant and his/her Union Representative(s) within five (5) working days of receipt of the grievance. The Superintendent or his/her designated representative shall respond, in writing, to the employee and the Union Representative within five (5) working days after presentationthe meeting. STEP FOUR If the grievance is not resolved orally it may be moved to in Step Two. Step Two: The Three, the employee having a or the Union Representative may, within five (5) working days of receipt of the Superintendent’s response, submit the grievance shall reduce it to writing and file the original with the Employer, with a copy to the UnionBoard of Education. At its next regular scheduled meeting, the Board shall conduct a hearing on the grievance. The Board shall respond, in writing, to the grievant and the Union Representative within ten (10) working days of the event upon which it is basedhearing. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days STEP FIVE If a satisfactory disposition of this meeting. If the grievance is not satisfactorily settled made as a result of the procedure provided for in Step Four, within ten fifteen (1015) working days after receipt of the written answer it may be moved to Step Three. Step Three: The Xxxxxxxdecision, employee and the designated Union Representative, Representative shall take the matter up with the Library Director within ten (10) working days submit notice of the Director’s written answerdesire to arbitrate to the Board. The Library Director parties shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from immediately and jointly request the Michigan Employment Relations Commission or Federal Mediation and Conciliation ServiceService to submit to them a panel of seven (7) arbitrators, at least five (5) of whom shall be from Ohio, which the Board first and the Union shall alternately strike names until one remains and this person shall be the arbitrator. In Each party may request a second list. Upon receipt of the event mediation is utilizedlist of arbitrators, the time limits for arbitration parties shall commence upon the date select an arbitrator within a reasonable length of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingtime.

Appears in 2 contracts

Samples: (District Employees, (District Employees

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged 4.1.1. In cases of violation, misinterpretation misunderstandings or misapplication of any provision differences in interpretation of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, there shall be subject no cessation or stoppage of work. Grievances will be handled in a timely and efficient manner, with both parties pledging their immediate cooperation to eliminate the above mentioned possibilities, and the following procedure is outlined for that purpose: Step One- In the event that a dispute arising on the job cannot be satisfactorily adjusted on the job between the representative of the Union involved and the Employer, the same shall promptly (not later than fifteen (15) working days), be referred to the following procedure: Step One: An employee having authorized representative of the Union and the Employer or their authorized representative. Should they fail to effect a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to settlement; the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved matter will proceed to Step Two. : Step Two: Two- The employee having dispute shall be referred to a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, Board of Conciliation within ten fifteen (1015) working days of the event upon which it is baseddays. The employee Board shall consist of two (2) persons who have no direct involvement in the dispute, appointed by each party; Union Committee members from “Construction Locals” and Union Xxxxxxx shall attempt Employer Committee members from an Employer signatory to settle the grievance with the Library Director. The Library Director a Teamster Construction Agreement (AGC or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meetingsimilar white-paper agreement). If these four (4) persons cannot effect a settlement within seven (7) days after the grievance is not satisfactorily settled within ten (10) working days of dispute has been referred to them, the written answer it may be moved matter shall proceed to Step Three. : Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days Three- By mutual agreement of the Director’s written answerparties, the issue may be referred to mediation. The Library Director parties shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing request a mediator from the Michigan Employment Relations Commission Federal Mediation & Conciliation Service or other mutually acceptable service. This person shall serve as mediator to resolve the dispute. The expense of employing the mediator shall be borne equally by both parties and each party shall be responsible for their own attorney fees and costs. Should mediation be waived or the parties fail to reach agreement, the matter shall proceed to Step Four. Step Four- If not resolved in Step Two or Three above within twenty-one (21) calendar days, the moving party may request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service, and the parties shall alternately strike names until only one name remains. In the event mediation is utilized, alternative the time limits for arbitration parties may agree to select a mutually agreeable arbitrator to hear the dispute. This person shall commence upon serve as arbitrator to resolve the date of termination of the mediation proceduredispute. The mediation is nonbinding. All notices expense of intent to mediate or arbitrate employing the arbitrator shall be in writingborne equally by both parties and each party shall be responsible for their own attorney fees and costs.

Appears in 2 contracts

Samples: Agreement, Highway Construction Labor Agreement

GRIEVANCE PROCEDURE. 5.1 A Alleged grievances of members of Local 1703 IAFF, AFL-CIO in respect to wages, rates of pay, working conditions or other terms and conditions arising under this contract or in connection with the interpretation thereof, or arising under the rules and regulations of the Fire Department, shall be handled in accordance with the following procedure: An individual having a grievance shall reduce the same to writing within fifteen (15) days of the employee's knowledge or when the employee should have known of same, and present it to the Chief of the Fire Department, with a copy of the written grievance sent to the Town Administrator, who shall answer the grievance within fifteen (15) days, and if not settled, then the employee shall within fifteen (15) days of the Chiefs answer, in writing, bring such grievance to the attention of the Executive Committee of Local 1703. Said Executive Committee shall, within five (5) days of the receipt of the grievance arrange for the employee to present his alleged grievance at a meeting of a majority of said Local's Executive Committee. It shall be the responsibility of the Executive Committee to determine the justification of the grievance. If, in the judgment of the Executive Committee, the nature of the grievance justifies further action, it shall within fifteen (15) days of the meeting of said Local Executive Committee reference above, through the President of Local 1703, present the written grievance to the Town Administrator, who shall issue a written decision within fifteen (15) days of receipt of the written grievance.If, in the judgment of the Executive Committee, the nature of the grievance justifies further action, it shall within fifteen (15) days, through the President of Local 1703, bring the grievance to the attention of the Chief of the Department, and thereafter to the Town Administrator in writing to settle the matter. Within ten (10) days of the Town Administrator’s decision, the Union shall submit the grievance to the Labor Relations Connection or the American Arbitration Association for selection of an arbitrator under its labor rules.If this step fails, the grievance shall be defined as submitted to the American Arbitration Association for selection of an alleged violationarbitrator under its labor rules. All costs and expenses of arbitration shall be shared equally by the parties hereto. In all cases involving a grievance which is submitted to Arbitration the individual or individuals having the grievance shall be required to attend and present his or her grievance. Such individual or individuals shall further be entitled to be represented by legal counsel of his or her or their own choosing. Any decision handed down by the Arbitrator shall be final and binding on the parties hereto. The member shall pay his own counsel fees. The Arbitrator shall have no authority or power to alter, misinterpretation modify, subtract from, change or misapplication of any provision add to the language of this Agreement. A In addition to the foregoing, Local 1703 through its Executive Board shall have the right to file a grievance may be on its own behalf or on behalf of any employee covered by this Agreement. In the event a grievance is filed by Local 1703, the written grievance shall be presented directly to the Chief of the Department within fifteen (15) days of its occurrence, who shall answer the same within fifteen (15) days of receipt. If in the judgment of the Executive Committee, the nature of the grievance justifies further action after the Chief’s response, the written grievance shall be presented directly to the Town Administrator within five (5) days of the Chief’s written decision and shall proceed as an ordinary xxxxxxxxx.Xx the event a grievance is filed by Local 1703, the grievance shall be presented directly to the Chief of the Department, who shall answer the same in fifteen (15) days of receipt. If in the judgment of the Executive Committee the nature of the grievance justifies further action after the Chief's response, the grievance shall be presented directly to the Town Administrator in writing, and shall proceed as an ordinary grievance. Any disciplinary action taken against any employee covered by this Agreement, including but not limited to removal, demotion, reduction in rank or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, suspension (with or without pay) shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingprocedure herein set forth.

Appears in 2 contracts

Samples: Agreement, Agreement

GRIEVANCE PROCEDURE. 5.1 It is the desire of both the Employer and WSNA that grievances be adjusted informally whenever possible and at the lowest possible level of supervision. However, all grievances involving Final Disciplinary Counseling, Demotion, and Dismissal shall begin at the third step of the grievance process. A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject submitted to the following grievance procedure: Step One: An employee having . If any nurse has any claim or complaint, it is recommended that they first talk it over with the supervisor and, if necessary, with the Department Manager. The grievance must be identified as such and presented to the Department Manager within thirty (30) calendar days from the date the nurse is aware that a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerexists. The employee may be accompanied by his/her Xxxxxxx if they so desirewritten grievance shall contain a complete description of the alleged grievance, the date it occurred, and what corrective action the grievant is requesting. The immediate supervisor or manager Manager will then meet with the grievant and, if the grievant chooses, an Association representative. Management shall give his/her answer respond to the employee grievance within five fourteen (514) working calendar days of presentation. Step Two. If a satisfactory settlement is not reached within fourteen (14) calendar days following the date of presentation to supervision in Step One, and the grievant wishes to pursue the matter further, said grievance shall be put into writing. The written grievance shall contain a complete description of the alleged grievance, the date it occurred, and what corrective action the grievant is requesting. The grievance shall be given to the Nursing Director or equivalent within fourteen (14) calendar days after presentationthe decision at Step 1. The parties shall meet and attempt to resolve the grievance and the Nursing Director or equivalent will respond within fourteen (14) calendar days of the meeting. At this step WSNA or the nurse designee agree to cite the sections of the Agreement that allegedly have been violated. Step Three. WSNA may submit the written grievance to the Chief Nursing Executive within fourteen (14) calendar days after the decision at Step 2. The third step meeting shall include the grievant, the representative, Chief Nursing Executive, or designee, and the Director of Labor Relations, or designee. If the grievance is not resolved orally it within fourteen (14) calendar days, the grievance may be moved proceed to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five4. Step Four: Mediation may be initiated by . Mediation. Within fourteen (14) calendar days after the Step Three response, either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Servicemay request mediation. In the event If mediation is utilizedagreed to, the time limits requesting party will contact the PERC for arbitration shall commence upon the date assignment of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writinga mediator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation is a dispute or misapplication disagreement involving the interpretation or application of any provision the terms of this Agreement. A grievance may be filed It is understood that matters governed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays Civil Service are excluded. All unsettled grievances, as defined above, shall be not subject to the following grievance procedure: , except for discipline which is governed by Article 6, Discipline. Oral reprimands are not subject to grievance arbitration. Employees presenting grievances may choose to be represented by the Union Grievance Committee. Employees are encouraged to discuss matters informally with their supervisors before initiating the grievance process. Step One: An One The employee having a grievance shall must present it orally to his/her immediate supervisor or any appropriate Library managerwritten grievance to the Chief of Police within ten (10) calendar days of its alleged occurrence. The employee may be accompanied by grievance must state the facts upon which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested. The Chief or his/her Xxxxxxx if they so desire. The immediate supervisor or manager representative shall give his/her answer to the employee a written reply within five ten (510) working days after presentationcalendar days. Step Two If the grievance is not resolved orally it may settled in Step One and the Union desires to appeal, the written appeal shall be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file made by the original with the Employer, with a copy Union to the Union, City Director of Human Resources or his/her representative within ten (10) working calendar days of receipt of the event answer in Step One. An appeal filed at Step Two must state the facts upon which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library City Director or his/her designee of Human Resources shall give his/her a written answer to the employee and Union xxxxxxx reply within ten (10) working days of this meetingcalendar days. Step Three If the grievance is not satisfactorily settled at Step Two and the Union desires to pursue the grievance further, the Union shall refer the matter to the Bureau of Mediation Services (BMS) for mediation. The Union’s referral to BMS shall be made in writing within ten (10) working calendar days after the written reply of the written answer it may be moved to City Director of Human Resources. Step Four In the case the grievance is not settled in Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take may appeal the matter up with the Library Director grievance to arbitration within ten (10) working calendar days of the Director’s written answerdate of mediation. If the City and the Union can agree on an arbitrator, such person shall be named as the arbitrator for the grievance. In case both parties cannot agree on an arbitrator within seven (7) days, a list of seven (7) names shall be requested from the Bureau of Mediation Services. The Library Director selection of an arbitrator will be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Bureau of Mediation Services. However, a grievance arbitration for written disciplinary action, discharge, or termination shall give hisinclude the arbitrator selection procedures established in Minnesota Statute 626.892. The arbitrator shall consider only the specific issue presented to him/her written answer by the Employer and the Union in writing and shall have no power to add to, subtract from, nullify, ignore, or modify in any way the terms of this Agreement. The decision shall be rendered within ten thirty (1030) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination calendar days of the mediation procedureclose of the hearing or submission of written briefs by the parties, whichever is later. The mediation is nonbinding. All notices of intent to mediate or arbitrate decision shall be in writingbased solely on the arbitrator’s interpretation or application of the terms of this Agreement and on the facts of the grievance presented.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 5.1 A 7.1 For the purpose of this Agreement a grievance is defined as any dispute or difference arising between the parties as to the interpretation, application or administration of this Agreement and shall be defined considered a proper subject matter for grievance. Step #1 It is mutually agreed between the parties that the complaints of employees shall be presented within five (5) working days from the date of the occurrence giving rise to the complaint, or from the date they became aware of the occurrence and shall be adjusted as an alleged violation, misinterpretation or misapplication of any provision of this Agreementinformally as possible. A grievance may be filed by If an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, has any complaint he shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her confer personally with his immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desireand have his xxxxxxx present. The immediate supervisor or manager and the employee(s) with his xxxxxxx will co-operate in making this informal complaint procedure effective in the clarification of misunderstanding, complaints and redress sought. If the complaint is not resolved within five (5) working days it may be referred to Step 2 of the Grievance Procedure. Step #2 Failing satisfactory settlement in Step #1, the Union, through a shop xxxxxxx, shall give his/her answer file the grievance in writing within five (5) working days to the employee Department Head setting forth the particulars of the grievance, the redress sought and, where possible, the article or clause of the Agreement violated. The shop xxxxxxx shall be advised of the decision in writing within five (5) working days after presentation. If receiving the grievance is not resolved orally it may be moved to Step Twowritten grievance. Step Two: The employee having a grievance #3 Failing satisfactory settlement in Step #2, the Union Grievance Committee shall reduce it to writing and file advise the original with the Employer, with a copy to the Union, Township Administrator within ten (10) working days that the Union wishes to proceed to Step #4, setting forth the particulars of the event upon which it is basedgrievance, the redress sought and, where possible, the article or clause of the Agreement violated. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx Employer shall, within ten five (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (205) working days, it may arrange a meeting with the Union Committee and the griever to discuss the grievance and if possible resolve the issue. The Union Committee shall be moved to Step Four or Step Fiveadvised of the Employer’s decision in writing within five (5) working days after receiving the written grievance. Step Four: Mediation may be initiated by either party utilizing #4 Failing a mediator from satisfactory settlement and providing that the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilizedgrievance procedure has been properly observed, the time limits for Union Committee may, within fifteen (15) working days, refer the matter to arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be as provided in writingArticle 8.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance All grievances or disputes which may arise concerning the interpretation or application of the Recommendations contained in this Memorandum which have been implemented or approved shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed handled by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: . Grievances which can be adjusted only at a given level of management may, by mutual agreement, be initially presented at the appropriate step of the grievance procedure. Step One: An employee having a Within fifteen working days of the alleged grievance, the manager and/or the Union representative will present the grievance shall present it orally in writing to his/her immediate supervisor or any appropriate Library managerthe Regional Manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager Regional Manager shall give his/her answer investigate the grievance and shall reply to the employee manager and Union within five (5) fifteen working days after presentation. If the grievance is not resolved orally it may be moved to Step Twodays. Step Two: The employee having a grievance If the disposition at the first step is deemed unfavorable, within fifteen working days the Union chief executive or his/her representative shall reduce it to appeal in writing and file the original with the Employer, with a copy to the Union, within ten (10) working days Human Resource Director of the event upon which it is basedPennsylvania Liquor Control Board. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Human Resource Director or his/her designee representative shall give meet with the appropriate Union chief executive officer or his/her written answer representative within seven days of receipt of the appeal in an attempt to resolve the grievance. The Human Resource Director shall then reply to the employee and Union xxxxxxx within ten (10) fifteen working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Threein writing. Step Three: The XxxxxxxIf the disposition at the second step is unfavorable, employee and within fifteen working days the chief executive officer of the Union Representativeor his/her representative shall appeal in writing to the Bureau of Labor Relations, Office of Administration. The Bureau of Labor Relations, Office of Administration shall review the grievance and shall afford the manager or the Union representative, together with a representative of the Commonwealth, an opportunity to appear and present oral argument. The Bureau of Labor Relations, Office of Administration, shall take reply to the matter up with the Library Director Union within ten (10) fifteen working days of receipt of the Director’s written answerappeal. The Library Director decision of the Bureau of Labor Relations, Office of Administration, shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working daysbe final and binding, it may be moved to Step Four except for grievances involving disciplinary demotion, discharge or Step Fivesuspension. Step Four: Mediation An appeal from an unfavorable decision at Step Three in the case of discharge, disciplinary demotion, or suspension may be initiated by the Union serving upon the Commonwealth a notice in writing of its intent to proceed to arbitration within fifteen working days after receipt of the Step Three decision. The arbitrator is to be selected by the parties jointly within seven days after the notice has been given. If the parties fail to agree on an arbitrator, either party utilizing may request the American Arbitration Association to submit a mediator list of seven possible arbitrators. The parties shall within seven days of the receipt of said list communicate for the purpose of selecting the arbitrator by alternately striking one name from the Michigan Employment Relations Commission list until one name remains. The Commonwealth shall strike the first name. Each case shall be considered on its merits and the Memorandum shall constitute the basis upon which the decision shall be rendered. The decision at Steps One and Two shall not be used as a precedent for any subsequent case. The decision of the arbitrator shall be final and binding on both parties. The arbitrator shall be requested to issue his/her decision within 30 days after the hearing or Federal Mediation receipt of the transcript of the hearing. All of the time limits contained in this Recommendation may be extended by mutual agreement. If the Union fails to proceed to the next step in the time limit provided and Conciliation Serviceno extension is mutually agreed to, the decision at the prior step is thereby deemed acceptable to the grieving party. All fees and expenses of the arbitrator shall be divided equally between the parties except where one of the parties of this Memorandum requests a postponement of a previously scheduled arbitration meeting which results in a postponement charge. The postponing party shall pay such charge unless such postponement results in a settlement of the grievance in which event the postponement charge shall be divided equally between the parties. A postponement charge resulting from a joint postponement request shall be shared equally by the parties. Each party shall bear the costs of preparing and presenting its own case. Either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. In the event mediation is utilizedinterest of expediting the resolution of grievances involving discharges, the time limits parties agree to explore alternative approaches and methods, including such procedures as the use of pre-selected arbitration panels, providing for arbitration shall commence the issuance of decisions within reduced periods of time, and limitations upon the date length of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingwritten briefs.

Appears in 2 contracts

Samples: www.hrm.oa.pa.gov, www.hrm.oa.pa.gov

GRIEVANCE PROCEDURE. 5.1 A Step One In the event that a written grievance is submitted arising out of the operation of this Agreement, except in the cases of discharge or suspension, the employee shall continue to work as per the conditions existing prior to the time that the grievance arose and any formal meeting to discuss the grievance shall be defined as an alleged violationheld in the presence of the shop xxxxxxx. Step Two If there is no satisfactory resolution at first step, misinterpretation or misapplication then the Union may, within seven (7) days, advise the department supervisor that the employee intends to proceed with the grievance. The department supervisor and chief shop xxxxxxx will then have fourteen (14) days from the date of any provision notification to deal with and answer the grievance. Grievances other than those of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances individual employees may be initiated at Step ThreeTwo by either party. In computing Step Three If there is no satisfactory resolution at second step, then either party may, within seven (7) days, refer the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject question to the following procedure: Standing Committee by advising the chairmen of the Standing Committee of the intention to proceed with the grievance. The Standing Committee will then have thirty (30) Days to deal with and answer the grievance. Step One: An employee having Four If there is no satisfactory resolution at third step, the question may, within seven (7) days, upon written request to the Standing Committee, be referred to the President of the Local and the Mill Manager, who will then have thirty (30) days to deal with and answer the grievance. Either party may elect to involve outside help at this step, such as a regional Union representative and/or senior Management representative. Step Five If there is no satisfactory resolution at fourth step, then the matter may, within thirty (30) days, be referred to an Arbitrator. The time periods may be extended by mutual agreement by Management and the Local Union. Where a grievance shall present it orally arising from the discharge of an employee progresses to his/her immediate supervisor or any appropriate Library manager. The employee arbitration, either party may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer elect, in writing, to utilize the procedure outlined in Section 5 below as an alternative to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached arbitration procedure set out in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingSection 4.

Appears in 2 contracts

Samples: Howe Sound Labour Agreement, Howe Sound Labour Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall is hereby jointly defined to be defined as an alleged violationany dispute, misinterpretation which may arise under the interpretation or misapplication of any provision application of this Agreement. A Any grievance may be filed by arising between the Employer and the Union or an employee or a group of employees. Group grievances may be initiated at Step Three. In computing represented by the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, Union shall be subject to settled in the following proceduremanner: Step One: An The Xxxxxxx or Alternate and employee having a shall take up the written grievance shall present it orally with the Chief of Police within seven (7) calendar days of the occurrence of the event or first knowledge of the event giving rise to his/her immediate supervisor the grievance; thirty (30) days for economic issues. Within seven (7) calendar days after the grievance is presented by the employee or any appropriate Library managerthe Union, the Police Chief will meet with the employee and the Xxxxxxx to discuss the grievance. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager Police Chief shall give his/her answer respond, in writing, to the aggrieved employee within five seven (57) working calendar days after presentationthe meeting date. If Within seven (7) calendar days after the written response of the Police Chief is received, if the grievance is not resolved orally it between the parties, the aggrieved employee may be moved submit the grievance in writing to Step Twothe Town Manager with a copy of the grievance to the Local Union business office. Step Two: The employee having Within seven (7) calendar days after receipt of the written grievance by the Town Manager, the Town Manager will hold a grievance shall reduce it to writing and file the original meeting with the EmployerUnion Business Agent on the grievance. Within seven (7) calendar days after the meeting, with a copy the Town Manager will respond, in writing, to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt as to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to decision on the employee and Union xxxxxxx within ten (10) working days grievance. In the event that the decision of this meeting. If the grievance Town Manager is not satisfactorily settled acceptable, the Union may, within ten fourteen (1014) working calendar days after receipt of the Town Manager’s response, file a written answer it may be moved request for grievance arbitration of the issue and so advise the Town of the Union’s request to Step Threearbitrate. Step Three: The Xxxxxxx, employee and the Union Representative, parties shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) daysattempt to mutually agree upon an arbitrator. If satisfactory settlement the parties cannot agree upon an arbitrator within seven (7) calendar days from when notice to arbitrate is not reached in twenty (20) working daysfiled, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from can request the Michigan Employment Relations Commission or Federal Mediation and Conciliation ServiceService to appoint an arbitrator. In The expenses of the event mediation is utilizedarbitrator and the proceedings shall be shared equally by the parties. Failure to meet these time deadlines shall terminate the grievance. The arbitrator shall have no authority to amend, modify, add to, or detract from the time specific terms and provisions of the Agreement. The arbitrator’s decision shall be final and binding on the parties for the duration of the Agreement. The arbitrator shall be requested to issue the decision within thirty (30) days after the conclusion of the testimony and final arguments. Expenses of the arbitrator’s services and the proceedings shall be borne equally by the Town and the Union; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause a record to be made providing it pays for the record and make copies available without charge to the other party and to the arbitrator. Time limits for arbitration shall commence upon the date processing of termination grievances may be extended by written consent of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingparties.

Appears in 2 contracts

Samples: www.yorkpolice.org, www.yorkmaine.org

GRIEVANCE PROCEDURE. 5.1 8.01 A grievance shall be defined as an alleged violationany difference or dispute between the Employer and any employee or the Union relating to the interpretation, misinterpretation application or misapplication of any provision administration of this Agreement, and an allegation that this Agreement has been violated. A grievance may be filed by an employee or a group It is the mutual desire of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, parties hereto that complaints of employees shall be subject to addressed as quickly as possible. Accordingly, all complaints and grievances shall be taken up in the following procedure: follow manner Step One: 1 An employee having a grievance shall present refer it orally to his/her immediate supervisor or any appropriate Library managerSupervisor within seven (7) calendar days of the actual occurrence leading to the complaint. The grievance shall be in writing, signed by the employee and shall identify the nature of the grievance, the remedy sought and should identify the provisions of the Agreement which are alleged to have been violated. At this Stage, the employee may be accompanied by his/her Xxxxxxx a Union Xxxxxxx, if they she so desiredesires. The immediate supervisor or manager Supervisor shall give his/her reply in writing to the employee in writing, giving the answer to the employee complaint within five seven (57) working calendar days after presentation. If the grievance is not resolved orally it may be moved to Step Twofrom date of submission. Step Two: II Failing settlement at Step I, the employee may refer the written grievance within seven (7) calendar days to the corporate Human Resources Manager or designate of the Employer. The employee having a grievance Human Resources Manager or designate shall reduce it to writing and file the original meet with the Employergrievor, with a copy to and one member of the Union, Union Xxxxxxx Committee within ten seven (107) working calendar days of the event upon which it submission of the grievance, or within such timeframe as may be extended by mutual agreement of the parties. It is basedunderstood that at such meeting the corporate Human Resources Manager or designate may have such counsel or assistance as she may desire and a LIUNA Union representative may also be present. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director corporate Human Resources Manager or his/her designee designate shall give his/her his written answer to the employee and Union xxxxxxx reply within ten seven (107) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working calendar days of the written answer it meeting. Failing settlement at Step II, under the foregoing procedure, the grievance may be moved referred to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated arbitration by either party utilizing a mediator from within eighteen (18) calendar days after the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In decision has been given at Step II, in accordance with the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be procedure set out in writingArticle 9.01.

Appears in 2 contracts

Samples: Memorandum of Settlement, Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision dispute arising under the terms of this Agreementcontract. A grievance may be filed by an employee Thus, should differences or a group of disputes arise under this agreement, the aggrieved party to this agreement or employee, or employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined abovethe case may be, shall be subject to use the following procedure: Step One: An STEP 1 In the event that an employee having believes there is a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The basis for a grievance, said employee who may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager a Federation representative, shall give his/her answer to first discuss the employee within five (5) working days after presentation. If the alleged grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, immediate non-bargaining unit supervisor within ten (10) working days of the event upon which it is basedoccurrence or knowledge of the matter giving rise to the grievance. The employee and Union Xxxxxxx supervisor shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx respond within ten (10) working days from the hearing date of this meetingthe grievance. If In the event the City does not respond within the prescribed time limit above, the Federation shall automatically move the grievance to the next level. Any grievance filed for two (2) or more bargaining unit employees shall be considered a class action grievance and shall proceed directly to the City Manager at Step 3. STEP 2 In the event the Federation or the employee is not satisfactorily settled satisfied with the oral decision of the supervisor, the Federation shall present the grievance, in writing, to the employee's Department Director within ten five (105) working days of the date of the aforesaid oral decision. Upon presentation of the written grievance to the Department Director, the employee and a Federation representative shall attempt to resolve the same dispute and, within five (5) working days thereafter, the Department Director shall render a decision, in writing, to both the employee and to the Federation representative. In the event that the City does not respond within the prescribed time limit above the Federation shall automatically move the grievance to the next level. STEP 3 In the event the Federation or the employee is not satisfied with the written answer it may be moved to Step Three. Step Three: The Xxxxxxx2, employee and above, the Union Representativesaid grievance shall be presented within five (5) working days after the written answer above to the City Manager, shall take the matter up with the Library Director or designee who will, within ten five (105) working days of the Director’s written answerreceipt of same, meet with a representative of the Federation in an attempt to resolve the said grievance. The Library Director shall give his/her written answer within ten At this meeting, the employee and the Federation can also be present. Within five (10) days. If satisfactory settlement is not reached in twenty (205) working days, it may be moved to Step Four days after this meeting the City Manager or Step Five. Step Four: Mediation may be initiated by either party utilizing designee shall render a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Servicedecision in writing. In the event mediation is utilizedthat the City does not respond within the prescribed time limit above, the time limits for arbitration Federation shall commence upon automatically move the date of termination of grievance to the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingnext level.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by Level 1: (Informal) - If an employee or believes there is basis for a group of employees. Group grievances may be initiated at Step Three. In computing grievance, he/she must first discuss the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to matter with his/her principal (custodial/paraprofessional) or immediate supervisor or any appropriate Library manager(transportation) in an effort to resolve the matter informally. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, Such discussion must take place within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director alleged grievance, or his/her designee shall give his/her written answer to when the employee and Union xxxxxxx within ten should have known of the grievance. Level 2: (10Formal) working days of this meeting. - If the grievance is not satisfactorily settled handled to the employee's satisfaction at the informal level, the employee may along with a union xxxxxxx or other local union officer make, within ten five (105) days after the supervisor/principal’s answer, a written request on the approved grievance form to the immediate supervisor for review and further study. The written grievance shall state the date of the alleged violation, the provisions of the agreement or policy violated (including any past practice), and the relief or result sought. Within five (5) working days after the presentation of the grievance, the supervisor shall give a response in writing to the employee. Level 3: (Formal) - If the grievance is not resolved in Level Two, the employee may, within seven (7) working days of receipt of the supervisor's answer, submit to the Superintendent or designee the response at Level Two with the original grievance statement. The Superintendent or designee shall give the employee a response in writing within seven (7) working days after receipt of the written answer it may be moved to Step grievance. Level 4: (Formal) - If the grievance is not resolved in Level Three. Step Three: The Xxxxxxx, the employee and the Union Representativemay, shall take the matter up with the Library Director within ten seven (107) working days of receipt of the Director’s written answerSuperintendent's response, submit the grievance to the Board of Education's personnel committee. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in Within twenty (20) working days of receipt of the grievance, the personnel committee shall meet with the grievant for the purpose of arriving at a mutually satisfactory solution to the grievance. A decision shall be rendered in writing within seven (7) working days. Level 5: (Formal) - If the employee is not satisfied with the resolution offered at Level Four, it the Union may be moved appeal the grievance to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from an impartial arbitrator in association with the Michigan Employment Relations Commission or rules of the Federal Mediation and Conciliation Service. In The process for the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination selection of the mediation procedurearbitrator shall be mutually developed by the Superintendent and the Union. The mediation is nonbinding. All notices of intent to mediate or arbitrate appeal shall be in writingwriting and made within ten (10) days of the personnel committee's reply at Level Four.

Appears in 2 contracts

Samples: Agreement, Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined It is the mutual desire of the Employer and the Union to ensure that complaints and grievances of employees are adjusted as quickly as possible. It is generally understood that an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance complaint shall present it orally to his/her immediate first give the supervisor or any appropriate Library manageran opportunity of adjusting the condition causing the complaint before lodging a formal grievance. The employee may be accompanied by his/her Xxxxxxx if they so desirewith their xxxxxxx when up a complaint with the supervisor. Any written dispute regarding the application, administration, interpretation or alleged violation of this Agreementshall be considereda grievance.The grievance shall specify the of the Agreement of which a violation is alleged, contain a brief statement of the facts relied upon and indicate the relief sought, and the grievance shall be dealt with in the following manner: STEP ONE The grievance must be submitted in writing within fourteen (14)calendar days of the incident giving rise to the complaint or from the employee's knowledge of the occurrence giving rise to the grievance. The immediate supervisor or manager shall give his/her an answer, in writing, to the xxxxxxx no later than five (5) calendar days after the grievance is first submitted. STEP TWO If the supervisor fails to give an answer to the employee grievance within the time limit set forth in Step One, or if the answer is unsatisfactory, the Union Executive Committee may within fourteen (14) calendar days, take the grievance to the next step, Step Two. A meeting shall take place, between the appropriate superintendent or manager responsible for the department, the Director of Human Resources or their delegate and the Union Executive Committee, within seven (7) calendar days of the receipt of the grievance at Step Two. The Employer shall deliver its decision in writing within five (5) working calendar days after presentationfollowing the Step Two meeting. STEP THREE If management fails to give an answer to the grievance within the time limit set forth in Step Two, or if the answer is unsatisfactory, the Union Executive Committee may refer the grievance to the Director of Operations and the National Union Representative within fourteen (14) calendar days who shall schedule a meeting to take place between the Director of Operations and/or other designated management and the National Union Representative and the Union Executive Committee within twenty-one (21) calendar days. The Director of Operations shall deliver their decision, in writing, within seven (7) calendar days following the Step Three meeting. The Union or the Employer may initiate a policy grievance at Step Two of the grievance procedure. Such grievance shall be filed within fourteen (14) calendar days of the incident giving rise to the complaint or from the knowledge of the occurrence giving rise to the grievance. The Union Executive Committee on behalf of an employee who is discharged or suspended for more than three (3) days may file a grievance at Step Two of the grievanceprocedure within seven (7) calendar days of the discharge or suspension. If the a grievance is not resolved orally settled at Step Three, either party may process the grievance to arbitration in accordance with Article In the case of discipline or termination of employment of a student and where the student grieves, the Employer shall be required to show that it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file acted reasonablyin discipliningor terminating the original with the Employer, with a copy to the Union, within ten (10) working days employment of the event upon which it is basedstudent. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.Article

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance 8.01 Subject to Clauses 8.03 and 8.07, grievances shall be defined processed in the following manner: Step 1: With the exception of dismissal due to unsuitability or incompetence, as an alleged violationassessed by the Employer, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an a probationary employee or a group of employees. Group grievances may be initiated at Step Three. In computing the part-time limits belowor temporary employee with less than six (6) months' service and subject to Clauses 8.03 and 8.07, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined abovean employee who alleges that she has a grievance, shall be subject first present the matter to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/through her Shop Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days of the occurrence or discovery of the incident giving rise to the alleged grievance. In cases where an employee's immediate supervisor is her permanent head, the grievance may be submitted immediately at Step 3. Step 2: If the employee fails to receive a satisfactory answer within five (5) days of presenting the matter under Step 1, she may, within five (5) days present a grievance in writing to the second managerial level designated by the permanent head who will give the griever a dated receipt. In instances where there is no second level of management other than the permanent head, the employee may submit her grievance at Step 3 within the prescribed time limits. Step 3: If the employee fails to receive a satisfactory answer to her grievance within five (5) days after presentation. If the filing of the grievance is not resolved orally it may be moved at Step 2, she may, within a further five (5) days submit her grievance in writing to Step Twothe permanent head who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. Step Two: The employee having a grievance shall reduce it to writing and file the original with One of the Employer, with a copy 's representatives shall chair the meeting(s). The committee shall be entitled to interview such persons as it deems necessary for the investigation of the grievance and shall give its decision in writing to the Union, grievor within ten (10) working days of receipt of the event upon which it is basedgrievance. The employee and Union Xxxxxxx committee's report shall attempt consist of the joint decision of the committee where the committee members agree to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meetinga solution. If the grievance matter is not satisfactorily settled within ten (10) working days mutually resolved by the committee, then the Employer's representatives will send their position, along with a brief summary of the written answer it may be moved committee's deliberations, to Step Three. Step Three: The Xxxxxxxthe grievor, employee and with a copy being sent to the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingUnion.

Appears in 2 contracts

Samples: www.gov.nl.ca, www.gov.nl.ca

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined 4.01 Should any dispute arise between the Employer and an employee or between the Employer and the Union as an to the interpretation, application, administration or alleged violation, misinterpretation or misapplication violation of any provision of the provisions of this Agreement. A grievance may , an xxxxxxx effort will be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject made to settle such differences without undue delay in the following procedure: Step One: An employee having a grievance manner. STEP XX. 0 XXXX XX. 0 XXXX XX. 0 The employees involved shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within and not after five (5) working days after presentationof the date, upon which the incident giving rise to the grievances first occurred, present the grievances to his supervisor either orally or in writing. If the grievance is not resolved orally it settled within five (5) working-days of the date that matter was taken up with the supervisor, the Union may within and not after five (5) working days of that date, take the matter up with the Supervisor or his nominee. All grievances submitted at Step 2 shall be in writing, shall be signed by the employee and the Union Xxxxxxx; and shall indicate the nature of the grievance, the article alleged to be violated, and the adjustment sought. The Supervisor or his nominee will, upon request, meet with the Union within five (5) working-days of the date the written grievance is filed with him at which time the Business Agent of the Union may be moved to Step Twopresent at the request of either party. Step Two: The employee having a grievance shall reduce it to Supervisor or his nominee will give his answer or decision in writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle date the written grievance was filed with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meetinghim. If the grievance is not satisfactorily settled within ten (10) working-days of the date that matter was taken up with the Supervisor, the Union may within and not after five (5) working days of that date, take the matter up with the District Manager or his nominee. All grievances submitted at STEP NO 4 Step 3 shall be in writing, shall be signed by the employee and the Union Xxxxxxx; and shall indicate the nature of the grievance, the article alleged to be violated, and the adjustment sought. The District Manager or his nominee will, upon request, meet with the Union within five (5) working-days of the date the written grievance is filed with him at which time the Business Agent of the Union may be present at the request of either party. The Manager or his nominee will give his answer or decision in writing within ten (10) working days of the date the written answer it may be moved to grievance was filed with him. If the grievance is not settled at Step Three. Step Three: The Xxxxxxx3, employee and the Union Representative, shall take the matter up with the Library Director may within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination the answer or decision of the mediation procedureDistrict Manager or his nominee at Step 3 refer the grievance to arbitration under Article 5. The mediation is nonbinding. All notices of intent Such notice shall state the specific matter to mediate or arbitrate shall be in writingdealt with at arbitration and the specific relief sought by the party.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A 1. In the event the Local Union or any Employee shall consider that he or she has any grievance or dispute or that any provision of the Agreement has been or is being violated, an xxxxxxx effort shall be made by the Grievance Committee, duly designated by the Union, or any other authorized representative of the Union, to adjust such grievance as quickly as possible in the following manner: Both parties realize that the best solution to a dispute will be through open communication. If the employee or Union has a concern or feels there has been a violation of the Collective Agreement, the employee or Union will first approach the Company to resolve the issue. The Employee having the grievance will be allowed a reasonable amount of time with the Union Representative to reduce the grievance to written form. The grievance will be presented to the Employer within five (5) business days after the occurrence of the alleged cause for grievance, otherwise such grievance may not be heard or considered by the Employer or the Union. The alleged grievance shall first be taken up by a Union Representative with the immediate Supervisor of the aggrieved Employee. If the Supervisor fails to adjust satisfactorily within five (5) business days, the matter shall then be referred to the Department Head or Superintendent. In the event that the last named procedure fails within five (5) business days to produce a satisfactory settlement, the matter shall then be immediately referred to the Human Resources Manager or Plant Manager. In the event the last named procedure fails within five (5) business days to produce a satisfactory settlement of the matter, it shall be submitted to arbitration within 60 days of the denial of the grievance in the last named procedure. During this period up to the 60 day limit, the C.A.W. National Representative may, if he/she desires, meet with management to try and resolve the issue. Failure to submit the grievance to arbitration within these 60 days is sufficient advice that the grievance will not be arbitrated. This 60 day period may be extended with agreement between the Union and the Employer. Note: Any allegation by the Union that the employer has violated or misrepresented this agreement may be lodged in writing as a policy grievance by the President of CAW Local 2098. Such grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject submitted in writing to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee employer within five (5) working days after presentation. If of the grievance is not resolved orally it may be moved alleged violation or matter complained of, become known or ought to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy have become known to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx A policy grievance shall attempt to settle enter into the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer and arbitration procedure by being referred to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four Human Resources Manager or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.Plant Manager

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall is hereby jointly defined to be defined as an alleged violationany controversy, misinterpretation com­plaint, misunderstanding, difference, or misapplication observance of any provision provi­sions of this Agreement. A grievance may be filed by It is mutually agreed that any difference arising between the Com­pany and the Union or an employee of the Company as to the mean­ing, application, or a group observance of employees. Group grievances may be initiated at Step Three. In computing the time limits belowprovisions of this Agreement, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, such difference shall be subject settled in the following manner: The aggrieved employee or employees shall first take the griev­ance up with the shop xxxxxxx who in turn will take the grievance up with the supervisor in charge. Employees shall have the shop xxxxxxx present on any grievance. Grievances must be submitted to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five ten (510) working days after presentationthe occurrence of such grievance. If the grievance a satisfactory settlement is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original effected with the Employersupervisor within one (1) working day, with a copy the employee shall submit such grievance to the Union’s representative in writing. If no satisfactory adjustment is agreed upon the matter shall, within ten (10) working days after step 1, be referred in writing by an Officer of the Union to the Division Manager of the Company or some other Executive Officer of the Company with the authority to act, who shall review the alleged grievance and offer a decision in writing within two (2) working days after receipt of same. All grievances which cannot be adjusted between the parties may be submitted for a binding determination upon written notice of either party to the other within ten (10) working days of the event upon which it is basedfail­ure to agree under paragraph b. above, to the UPS/Local 804 Panel. The employee UPS/Local 804 Panel shall establish a minimum of two (2) calendar days on even numbered months and Union Xxxxxxx shall attempt three (3) calendar days on odd numbered months for Panel hearings except in December, on a yearly basis. Both parties may each elect to settle the grievance with the Library Directorexpedite six (6) non-disciplinary cases per year. The Library Director co-chairs agree to meet within thirty (30) days after ratification to update the rules and procedures that would pertain to this article. The UPS/Local 804 Panel shall be composed of two (2) or his(3) United Parcel Service representatives and the same number of Lo­cal 804 approved representatives. The expense incurred by the UPS/her designee Local 804 Panel shall give hisbe split equally by the parties. In order that the UPS/her written answer Local 804 Panel may operate effectively and efficiently, the parties agree that an individual will be mutually selected to be an administrator for the Panel. The Administrator shall not be involved in making the Panel decisions. The Adminis­trator shall docket cases; prepare the docket; email and mail a copy prior to the employee scheduled meeting to each member of the Committee; prepare and Union xxxxxxx within keep minutes of the hearings; and email and mail copies of the minutes to all involved UPS and Local 804 representatives. A grievance to be heard by the UPS/Local 804 Panel must be put in writing and submitted to the Administrator not less than thir­teen (13) days before the meeting of the UPS/Local 804 Panel. Fail­ure to meet the thirteen (13) day deadline shall result in the case being docketed for the next Panel. The docket of cases to be heard at the UPS/Local 804 Panel will be prepared by the Administrator and distributed to the parties ten (10) working days prior to the panel date. The decision of the panel hearing the case shall be final and binding on all parties. In discharge and suspension cases only, an impartial arbitrator shall hear the case with the UPS and the Local 804 Panel members and cast the deciding vote in the event of a deadlock. Deadlocked cases involving the interpretation of the UPS/Local 804 Supple­ment may be submitted to arbitration pursuant to Section 2 below. Deadlocked cases involving the interpretation or applicability of the National Master Agreement (NMA) shall be resolved in accor­dance with Article 8 of the NMA. Within fourteen (14) days of this meeting. If ratification, the grievance is not satisfactorily settled within ten parties may by mutual agreement agree upon four (104) working days arbitrators to serve as rotat­ing impartial members of the written answer it may be moved to Step ThreePanel. Step Three: The XxxxxxxAbsent agreement, employee and each party shall provide a list of fifteen (15) arbitrators’ names by November 1 of each year. Each party shall alternatively strike from the Union Representative, shall take two (2) lists until there are two (2) arbitrators left on each list. Within seven (7) days from the matter up with the Library Director within ten (10) working days completion of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working dayslast monthly Panel of the calendar year, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator may notify the other party of its intent to remove one arbitra­tor from the Michigan Employment Relations Commission or Federal Mediation Panel. Upon notice of removal of an arbitrator from the Panel, the selec­tion of a replacement shall be selected from a list of fifteen (15) arbitrators and Conciliation Serviceeach side shall have the opportunity to strike a name until one (1) remains. All arbitrators shall be selected from the AAA Regional pool and shall be members of the National Academy of Arbitrators. In the event mediation is utilized, of a cancellation by an arbitrator the time limits parties agree to reschedule an existing arbitrator to the panel and if none are avail­able an additional panel will be held the month immediately fol­lowing the cancellation. The parties agree to develop final rules and procedures for arbitration shall commence upon the date of termination conduct of the mediation procedureUPS/Local 804 Panel hearings. The mediation is nonbinding. All notices of intent to mediate Any procedure or arbitrate shall process set forth in the rules and procedure may be in writingaltered by written mutual agreement between the parties.

Appears in 1 contract

Samples: Letter of Agreement

GRIEVANCE PROCEDURE. 5.1 A It is agreed by both the Company and the Union that should the Industrial Relations Administrator be unavailable for presentation of a formal grievance shall be defined as an alleged violationand or step one of the grievance procedure, misinterpretation or misapplication of any provision of this Agreement. A the grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits belowin that case, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject will proceed directly to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If step two provided the grievance is not resolved orally it may be moved submitted within two working days following the rendering of the Supervisor’s answer. RATIFIED THIS 24th DAY OF SEPTEMBER 0000, XX XXXXXXXXXXX, XXXXXXX. FOR THE UNION FOR THE COMPANY X. XXXXXX J. MUSIC LETTER OF UNDERSTANDING RE: APPENDIX “C” - MEMORANDUM OF SETTLEMENT The Company will make every reasonable effort to Step Two. Step Two: The ensure that no employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days or more years of seniority will work less than the event upon which it is basednumber of insurable weeks per year required to qualify for (E.I.) benefits. RATIFIED THIS 24th DAY OF SEPTEMBER 0000, XX XXXXXXXXXXX, XXXXXXX. FOR THE UNION FOR THE COMPANY X. XXXXXX J. MUSIC LETTER OF UNDERSTANDING RE: RECALL PROCEDURE (LESS THAN ONE WEEK) The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee Company and the Union Representativeagree that in the event of a recall to work for a definite term and task of less than one week, the Company shall begin by recalling employees by order of seniority. If senior employees do not choose to return to work, the qualified junior employee on layoff (irrespective of shift) may be assigned the work and must accept the recall. RATIFIED THIS 24th DAY OF SEPTEMBER 0000, XX XXXXXXXXXXX, XXXXXXX. FOR THE UNION FOR THE COMPANY X. XXXXXX J. MUSIC LETTER OF UNDERSTANDING RE: TECHNOLOGICAL CHANGE (DATED APRIL 13,1985) If the numbers of permanent full-time employees are substantially reduced as a direct result of technological change, the Company agrees to advise the Union of the potential reduction of Unionized employees prior to any such change. RATIFIED THIS 24th DAY OF SEPTEMBER 0000, XX XXXXXXXXXXX, XXXXXXX. FOR THE UNION FOR THE COMPANY X. XXXXXX J. MUSIC LETTER OF UNDERSTANDING RE: CONTRACTING OUT (DATED APRIL 13,1985) The Company will continue its practice concerning the above subject matter, with the understanding that it will not result in the layoff or delay of recall of any regular employee who has completed the probationary period and has acquired proper seniority standing. The Company reserves the right to contract out work. However, the Company will offer the opportunity to perform complete projects to the skilled trades group who are qualified, capable and competent in the required skills. The use of skill trades must be cost competitive and be able to complete the job in the specified time frame. RATIFIED THIS 24th DAY OF SEPTEMBER 0000, XX XXXXXXXXXXX, XXXXXXX. FOR THE UNION FOR THE COMPANY X. XXXXXX J. MUSIC LETTER OF UNDERSTANDING RE: MAINTENANCE OF PAY Employees unable to bump the most junior employee within their own wage rate classification, who are, by virtue of existing language with regard to lay-off contained in the collective agreement, forced to accept a position in a lower wage rate classification, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.treated as follows:

Appears in 1 contract

Samples: The Agreement

GRIEVANCE PROCEDURE. 5.1 A Step One: If an employee(s) or the Union has a grievance, the grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday set forth in writing in accordance with Clause 20.4 and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five twenty (520) working days after presentation. If of the occurrence giving rise to the grievance is not resolved orally it may be moved delivered to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, appropriate Department Head with a copy to the UnionUnion and the appropriate Staff Relations Officer in Human Resources. The Department Head or their designate upon receipt of the grievance shall consult with their Xxxx/Director or their designate and the Staff Relations Officer prior to replying to the grievance. The Department Head or their designate shall have ten (10) working days from the date of receipt of the grievance to reply in writing to the employee(s) with a copy to the Union and the Staff Relations Officer. (If the work unit in which the employee(s) is employed has no Department Head the grievance shall commence at Step Two, however, the time limits as set out in Step One shall apply). Step Two: If the reply provided at Step One does not resolve the grievance and the Union wishes to proceed with the grievance, then the grievance shall within ten (10) working days from the date of the reply at Step One be delivered to the appropriate Xxxx/Director with a copy to the Staff Relations Officer. The Xxxx/Director or their designate upon receipt of the grievance shall consult with Staff Relations prior to replying to the grievance. Upon mutual agreement between the Union and the Employer, a meeting between the Parties shall be scheduled within ten (10) working days from the date of receipt of the grievance, and the employee may be required to attend. The Xxxx/Director or their designate shall have ten (10) working days from either the date of the meeting or, if no meeting is convened, the date of receipt of the grievance in which to reply in writing to the Union with a copy to the Staff Relations Officer. Step Three: If the reply provided at Step Two does not resolve the grievance and the Union wishes to proceed with the grievance, then within ten (10) working days of the Step Two reply the grievance shall be referred to the Vice-Xxxxxxx (Academic Affairs) with a copy of the referral notice the Staff Relations Officer. The Vice-Xxxxxxx (Academic Affairs) or their designate, within ten (10) working days of receipt of the event upon which it is basedgrievance, shall convene a meeting with the Union and the appropriate Employer representatives to discuss the grievance. The employee and Union Vice-Xxxxxxx (Academic Affairs) or their designate shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within have ten (10) working days from the date of this the meeting in which to reply in writing to the Union and the Staff Relations Officer. Upon mutual agreement an employee may be required to attend a meeting. Step Four: If the reply provided at Step Three does not resolve the grievance is not satisfactorily settled and the Union wishes to proceed with the grievance, then within ten (10) working days of the written answer it may Step Three reply the grievance shall be moved referred to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up arbitration in accordance with the Library Director within ten (10) working days of provisions as outlined in Clause 20.12. Upon mutual agreement, the Director’s written answerParties may attempt to resolve the grievance through a mediation process prior to proceeding to arbitration. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingagreed to by the Parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall It is the mutual desire of the parties hereto that com - plaints of the or of the employees will be defined adjusted as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by quickly as possible and it is understood that an employee or has no grievance until a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject complaint has been referred to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerhis immedi- ate Supervisor. The employee may be accompanied by his/her have the Job Xxxxxxx for his occupational classification present if they he so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentationdesires. If the grievance is an employee has a complaint which has not resolved orally it may be moved been adjusted to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working dayshis satisfaction by his immediate Supervisor, it may be moved taken up as a grievance within three working days following the decision of the Supervisor, between the employee, the Chief Xxxxxxx and the employee's Department The grievance shall be answered within three working days of its submission. Three working days are defined as "not to Step Four include regular days off of either party". Failing settlement of the grievance by the employee's Department Head, the grievance shall be submitted in writing and a meeting shall be arranged as soon as conveniently possible' between the Union Committee and the Director of the Royal Ontario Museum or Step Fivehis designate. Step Four: Mediation The grievance shall be answered within three working days after the meeting. Three working days are defined as "not to include regular days off of either party." The General Representative of the Union shall be present at the request of either party. Failing settlement under the above procedure of any diff- erence concerning the meaning or alleged violation of this Agreement, the matter in dispute may be initiated by either party utilizing taken to arbitration as provided in Article if the request therefore is made within ten working days after the final decision is given under paragraph Any adjustment arising out of the settlement of an employee's grievance or the grievance of a mediator from group of employees under the Michigan Employment Relations Commission Grievance or Federal Mediation Arbitration Procedure shall be made retroactive before the date it was presented thereunder. Saturdays, Sundays and Conciliation Service. In the event mediation is utilized, Statutory Holidays w i l l not be counted i n determining the time limits for arbitration shall commence upon within which any action is t o be taken or completed under the date of termination of Grievance or Arbitration Proce- dures. Any and a l l t i m e l i m i t s fixed by t h i s Article and Article may be at any t i m e extended by written agreement between the mediation procedure. The mediation is nonbindingand the Union. All notices of intent to mediate or arbitrate decisions arrived at between the and the Union shall be in writingfinal and binding upon each of them and the employee or employees concerned.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A the relieving employee employee who has given An employee who is refused employment, discharged, suspended, laid off or transferred from his employment has the right to file a grievance with the Company through the Union, but do PO within five days of its occurrence subject to the procedure outlined herein. There shall be defined as an one Union delegate on each ship, dredge, tug or barge. Where the employee has a grievance while working on board a vessel, he must present his grievance on Standard Grievance Form (if available) to the Captain or Chief Engineer with a copy to the ship's delegate within ten days of its alleged violationoccurrence. Upon request of the grieving employee, misinterpretation the Ship's delegate shall assist in the grievance procedure. shall not be subject to discipline for assisting the griever in the grievance procedure, provided such assistance does not interfere with the operating of the ship. The Captain or misapplication Chief Engineer shall acknowledge receipt and reply to the grievance by completing and returning to the griever a duly completed Standard Grievance Form within the ten days of any provision receipt of this Agreementgrievance. A If settlement is not achieved upon receipt by the griever of the Captain's or Chief Engineer's reply, the griever shall submit the Standard Grievance Form to the Union immediately. Within thirty days of the Captain's or Chief Engineer's reply, the office of the Director of the Union shall submit the duly completed Standard Grievance Form to the Head Office of the Company. ⚫ Within thirty days of the date the grievance may be filed is submitted by an employee the Union to the Company's head office, the Company shall reply enclosing a copy of the duly completed Standard Grievance Form. The Union shall also have the right to submit a grievance in writing to the Company on behalf of all employees in the bargaining unit or a group or category thereof within thirty days of employees. Group grievances may be initiated at Step Threethe occurrence giving rise to the grievance. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined both these instances above, the Company shall reply to the grievance as per clause above. A Labour Management meeting shall be subject held between the 'Company and the within fifteen days of the Union submission in and prior to the following procedure: Step One: An employee having a grievance shall present it orally being referred to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentationarbitration. If the grievance is not resolved orally it may settled at the meeting referred to in clause of this article, the grievance must be moved referred to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, arbitration within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingthereafter.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall Nothing in this procedure should be defined as an alleged violationconstrued to inhibit the informal resolution of grievances. Employees are encouraged, misinterpretation or misapplication of any provision of this Agreementbut not required, to consult with their immediate supervisor prior to filing a grievance. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step OneLevel 1: An employee having or the Union, believing a violation of the contract to exist, shall first discuss the alleged grievance shall present it orally to his/her immediate with the supervisor immediately responsible within thirty (30) days of occurrence or any appropriate Library managerknowledge. The employee may be accompanied by his/her Xxxxxxx a representative of the Union if they so desireshe desires. The immediate employee or Union must inform her supervisor or manager shall give his/her answer that this is a Level 1 grievance in advance. Failure to notify the supervisor that it is a Level 1 grievance will automatically forfeit the employee right to advance the alleged grievance. Level 2: If the grievance is not resolved within five (5) working days after presentationof the discussion at Level 1, the grievance must be submitted in writing on a District form (see attached) within five (5) working days of the Level 1 answer, and so delivered to the immediate supervisor. Within five (5) working days of receipt of the written grievance (defined as Monday to Friday, inclusive, excluding recognized legal holidays) the supervisor shall deliver a written disposition of the grievance to the Union's Grievance Committee. Level 3: If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, at Level 2 within ten (10) working days days, the grievance committee shall so note in writing on copies of the event upon which it is based. The employee grievance form, the administrative disposition and Union Xxxxxxx shall attempt to settle deliver the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer writings to the employee and Union xxxxxxx within ten Superintendent. Within seven (107) working days of this meeting. If receipt of the grievance, the Superintendent and/or his delegate shall meet with the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Threecommittee. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.Within seven

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. 5.1 A. A grievance shall be defined as an alleged violation, misinterpretation misinterp~e- tation or misapplication inequitable application of any a specific provision of this Agreement. A grievance Grievances may not be filed on any subject fo~ which another forum is already provided, such as the Michigan Employment Relations Act or any other state or federal agency, such as the Civii Rights Commission, E.E.O.C., F.E.P.C. and so on; ,nor may a grievance be lodged on. any matter which could be heard by an employee local, state or a group of employeesfederal courts. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: STEP ONE An employee having with a grievance shall present it orally must initiate this procedure within three (3) days of when the employee became aware of- the act or condition which gave rise to that grievance by discussing the matter‌ wi th his/her immediate supervisor Supervi.sor. STEP '1'1'10 If th. e employe,e\, is not satisfied with th~ disposition given by the sU~rvisor, or any appropriate Library managerif no disposition is given within three (3) days, the n grievance must be committed to writing setting forth the specific II ! provisions of the Agreement which have allegedly been violated, a brief description of the circumstances surrounding the alleged xxxxx- tion, and the remedy sought. The employee may written grievance then must be accompanied by his/her Xxxxxxx if they so desirepresented to the supervisor within three (3) days of the last answer or within three (3) days of when the supervisor should have answered the grievance orally in the event that no answer was given. The immediate supervisor or manager shall will then have three (3) days in which to give his/her his written answer to the employee complaint. If no answer is given within three (3) days, or if the answer given is not satisfactory, the grievance shall be appealed to the Superintendent of Schools within three (3) days of the unsatisfactory answer or within three (3) days of when the answer should have been given in the event that no answer was given. STEP THREE The Superintendent will arrange for a meeting between the grievant, the Union representative, and himself or his representative within two (2) weeks of when the grievance is appealed to the Super- intendent. ,The Superintendent or his designee shall have seven (7) days in which to answer the grievance after the above-~entioned meeting is held. If the answer is not satisfactory, or if no answer is given, the grievant may appeal the grievance to the Board of Education within five (5) working days after presentationthe Superintendent's answer, or in the event no answer is given, within five (5) days after the time allotted ~or such answer has elapsed. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy -Notice of appeal to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.Board‌‌

Appears in 1 contract

Samples: archive.lib.msu.edu

GRIEVANCE PROCEDURE. 5.1 A grievance 7.02.1 Grievances shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to dealt with in the following proceduremanner: Step One: An Where an employee having believes they may have a grievance grievance, they shall present it orally to hisdiscuss the matter with a designate from the Employer’s representatives on the Labour/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee Management Committee within five (5) twenty working days after presentationthey became aware, or reasonably ought to have been aware, of the occurrence of the circumstances giving rise to the grievance. The designate from the Employer’s representatives on the Labour/Management Committee shall reply within ten (10) working days, copied to the 1281 Chief Xxxxxxx or President after the matter is discussed with the grievor. If the grievance meeting is not resolved orally it satisfactory to the grievor or the Union, the grievance may be moved proceed to Step Two. Where the potential grievance relates to misconduct committed by a designate from the Employer’s representatives on the Labour/Management Committee against the grievor, the grievor may choose to bypass Step One and file a grievance directly at Step Two. Step Two: The employee having a Where the decision of the designate from the Employer’s representatives on the Labour/Management Committee is not satisfactory, the grievance shall reduce it be submitted in writing by an authorized Union representative of CUPE 1281 to writing the Local 3903 Executive members within ten working days, copied to the grievor and file to the original President of CUPE 1281 and to the Shop Xxxxxxx. An Employer committee consisting of not more than three (3) members of the Local Executive shall meet with the Employerauthorized designate of the Union Executive, with a copy the Shop Xxxxxxx and the grievor (if the grievor so elects) to discuss and try to settle the grievance. The Employer committee shall give its decision in writing to the grievor, copied to the 1281 Chief Xxxxxxx or President, within ten working days. If the decision is not satisfactory to the Union, the grievance may proceed to Arbitration within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days receipt of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingdecision.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A The employee shall, with the consent of the Zone Representative or the Grievance Committee, file a grievance shall be defined as an alleged violation, misinterpretation or misapplication with immediate supervisor and the Personnel Department within (5) working days of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing when the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject incident giving rise to the following procedure: Step One: An employee having a grievance shall present it orally complaint would reasonably have been known to his/her immediate supervisor or any appropriate Library managerthe employee. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate and a Union representative shall meet with the supervisor or manager shall give his/her answer to the employee within five (5) working days after presentationto discuss the grievance and seek a settlement. If the grievance is not resolved orally it may be moved resolved. the supervisor shall provide a written response to Step Two. Step Two: The employee having a grievance shall reduce it to writing the and file the original with the EmployerGrievance Committee within three (3) working days of that meeting, with a copy to the UnionDirector of Personnel. If the written reply of the supervisor is not satisfactory to the or if no response has been received within the time limit, then, with the consent of the Grievance the shall the grievance to the head of the department within ten five (105) working days of the event upon which it receipt of that reply. If the department head is based. in fact the supervisor, Step shall be and the appeal made directly to the Director of at Step The employee the department head, and Union Xxxxxxx a representative of the Union, shall attempt meet within five (5) working days to settle discuss the grievance with and seek a settlement. If the Library Director. The Library Director or his/her designee grievance is resolved, the written of the department head shall give his/her written answer be sent to the employee and Union xxxxxxx the Grievance within ten three (103) working days of the meeting, with a copy to the Director of Personnel. If the written reply of the department head is not satisfactory to the or if no response has been received within the time limit, then, with the consent of the Grievance Committee, the grievance shall be submitted to the Director of Personnel within five (5) working days of receipt of the decision of the department head. The Grievance Committee shall with a representative of the Personnel Department and the Director of Personnel within five working days to discuss the grievance and seek a settlement. The the be present at this meetingmeeting at the request of xxxxx. If the grievance is not satisfactorily settled resolved, the written reply of the Director of Personnel shall be sent to the Grievance Committee within ten three (103) working days of the written answer it meeting. of If the is not satisfied w in writing of the Director of then, with the matter may be moved submitted to Step Three. Step Three: The Xxxxxxxarbitration and, employee and ten of receipt of the the Union Representative, shall take notify the matter up with Employer the Library Director within grievance to Procedure its intention to refer of Step to invoke the Arbitration Procedure by the Union be given ten (10IO) working days of the Directorof the grievance The Notice of Intention to the the name of the Union’s written answer. The Library Director Nominee to the xxxx shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (205) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from days inform the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination Union of the mediation procedure. The mediation is nonbinding. All notices name of intent its Nominee to mediate or arbitrate shall be in writing.the Board

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an Should a dispute arise between the University and any employee regarding the interpretation or alleged violation, misinterpretation or misapplication violation of any provision the provisions of this Agreement, the following grievance procedure will be followed: STEP The employee shall first discuss the complaint with immediate supervisor and may have a Committeeperson present if so desired. A If the employee is not satisfied the employee shall then, within two (2) working days, present a grievance on the approved grievance form to the immediate supervisor who shall, within two (2) working days, give the employee a written reply. STEP If the grievance is not resolved, it shall be forwarded by the Committeeperson to the employee's department head within three (3) working days receipt of the written reply in Step The employee's department head shall, within three (3) working days, render the reply in writing. The Union Committee shall consider the department head's reply and, if it is not satisfactory, the Union Committee shall refer the grievance to the Director of Human Resources within three (3) working days. STEP When the grievance is referred by the Union Committee to the Director of Human Resources, the parties shall meet within five (5) working days in which time they will try to resolve the grievance. The Director of Human Resources shall, within ten working days, render a reply in writing. If the parties are unable to resolve the grievance, the Union or the University may refer the matter to arbitration within thirty (30) days. Prior to such referral, the parties may agree to use the services of a Grievance Mediator. The cost of such Grievance Mediator shall be shared equally between the parties. All time limits may be extended by written mutual agreement. Any grievance not filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentationthe occurrence which is the basis of the grievance, or within five (5) working days after the employee should reasonably have had knowledge of the said event, shall be deemed to have been waived and shall not be considered. If Time limits shall be computed by excluding Saturdays, Sundays and paid holidays. In circumstances where Steps and do not involve the grievance immediate supervisor, the parties may mutually agree to move directly to Step ARTICLE DISCHARGE CASES In the event that an employee who is not resolved orally it no longer on probation is discharged from employment, and the employee feels that an injustice has been done, the case may be moved taken up as a grievance. When an employee has been dismissed without notice, the employee shall have the right to Step Twointerview a Committeeperson for a reasonable period of time before leaving the University premises. Step Two: The employee having a grievance All such cases shall reduce it to writing and file the original with the Employer, with a copy to the Union, be taken up within ten three (103) working days of the event upon which it date the employee is basednotified of the discharge. The A claim by an employee and who has attained seniority, that has been unjustly discharged from employment shall be treated as a grievance if a written statement of such grievance is lodged by the Union Xxxxxxx shall attempt to settle the grievance Committee with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx of Human Resources within ten three (103) working days after the employee ceases to work for the University. The Director of this meeting. If the grievance is not satisfactorily settled Human Resources shall, within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it render a reply in writing. All preliminary steps of the grievance procedure up to but not including Step shall be omitted in such a case. A discharge grievance may be moved to Step Four settled by confirming the University's action in dismissing the employee, or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from reinstating the Michigan Employment Relations Commission employee with full compensation for time lost, or Federal Mediation by any other arrangement which is just and Conciliation Service. In equitable in the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination opinion of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingconferring parties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having with a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be complaint must, accompanied by his/her Xxxxxxx if they so desire. The immediate a xxxxxxx, first discuss it with his supervisor or manager shall and give his/her answer the latter an opportunity to the employee within five (5) working days after presentationsettle it. If the grievance supervisor's disposition of the complaint is not resolved orally it may satisfactory to the employee, the following procedure will be moved followed: Step No I If the supervisor's disposition of the complaint is not satisfactory to Step Twothe employee, the aggrieved employee accompanied by a xxxxxxx must proceed with the grievance to the department head for discussion and possible resolution. Step Two: The employee having Failing satisfactory resolution by the department head, the complaint will be committed to writing as a grievance and signed in triplicate by the employee and xxxxxxx. The original shall reduce it be presented in such written form to writing and file the original with the Employer, department head with a copy to Personnel and a copy to be retained by the Union, within ten (10) working days of the event upon which it is basedcause of the grievance. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee department head shall give his/her written answer to the employee and Union xxxxxxx his reply in writing within ten two (102) working days of this meeting. If after the grievance is not satisfactorily settled has been received by him. Step No Failing settlement the grievance will be submitted within ten two (102) working days after receipt of the supervisor's written answer it may be moved reply to Step Three. Step Three: The Xxxxxxxthe Plant Manager, employee and or a person nominated by the Company management, who will convene a meeting of the Union Representative, shall take the matter up with the Library Director and Company representative within ten three (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (203) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination the submission of the mediation proceduregrievance (or at other mutually agreed upon time) to discuss the grievance. An International Representative of the Union may be present at this stage. The mediation is nonbindingPlant Manager, or a person nominated by the Company management will render the Company's decision in writing with reasons being given within five (5) working days from the date of the meeting. All notices of intent to mediate A claim by an employee with seniority that he has been discharged or arbitrate suspended without reasonable cause shall be treated as a grievance if a written statement to that effect is lodged with the within three (3) working days after the employee ceases to work. The preliminary steps of the grievance procedure will be eliminated in writing.such cases and the procession of the grievance will commence with Step No A discharged will be allowed a brief interview with a xxxxxxx before he is required to leave the Company's premises. The Company agrees to advise the President or in his absence the Vice-president when employees are disciplined, discharged, suspended, transferred, recalled, laid off, reclassified or promoted to another job. Such information will be given to the President, or in his absence the vice-president, in writing at the time the employee is informed or immediately afterwards. Article

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A For the purposes of this agreement, a grievance shall be is defined as an a difference arising between the parties relating to the interpretation, application, administration or alleged violation, misinterpretation or misapplication violation of the agreement including any provision of this Agreementquestion as to whether a matter is arbitrable. A grievance may be filed by It is understood that an employee or has no grievance until he has first given the Assistant Manager a group reasonable opportunity of employees. Group grievances may be initiated at Step Three. In computing adjusting his Where the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, grievance procedure is invoked it shall be subject to proceed in the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managermanner and sequence. The employee aggrieved employee, who may be accompanied by his/her Xxxxxxx his xxxxxxx if they so desirethe employee wishes, shall present his grievance in writing to the Manager not more than five (5) working days after the circumstances giving rise to the grievance first occurred or originated. The immediate supervisor or manager grievance shall give his/her answer include the nature of the grievance, the remedy sought and the provisions of the Collective Agreement which are alleged to have been violated. The Manager shall deliver his decision in writing within seven (7) working days following the presentation of the grievance to him. Failing settlement: The Chief Xxxxxxx shall, within three (3) working days after the decision in Step is given, notify the Plant Manager in writing that the Plant Manager's written to the employee grievance is not satisfactory. Within five (5) working days after the delivery of the written notice from the Chief Xxxxxxx, a meeting will be held between the President or his appointee and the Chief Xxxxxxx, Assistant Chief Xxxxxxx, Xxxxxxx or A representativeof the Union may be present at the request of either the Company or the Union and it is further understood that the President or his appointee may have such assistance as he may desire at such meeting. Failing settlement, the decision of the Company shall be delivered in writing within seven (7) working days to the Union. Failing settlement under the foregoing procedure of any grievance between the parties, such grievance may be submitted to arbitration as hereinafter provided. If nowrittenrequestfor arbitrationis receivedwithin twenty (20)working days after the Company's decision under paragraph is given the grievance shall be deemed to have been settled. It is agreed that a policy grievance arising directly between the Company and the Union shall be originated between the Union Executive and the President of the Company or his appointee. Such a grievance must be filed in writing with the other party within five (5) working days after presentationthe circumstances giving rise to it first occurred or originated. If The time limits set out in Step shall appropriately apply. No matter which could be grieved by an individual employee shall form the basis of a grievance under this paragraph. A claim by an employee who has completed his probationary period that he has been unjustly discharged shall be treated as a grievance if a written statement of such grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original lodged with the Employer, with a copy to Company by the Union, Union Executive within ten five (105) working days of after the event upon which it discharge is basedeffected. The employee A meeting will then be held in accordance with Step and Union Xxxxxxx shall attempt to settle such special grievance may be settled under the grievance with the Library Director. The Library Director procedure or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.procedure by:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance It is the mutual desire of the panties hereto that complaints of any employee shall be defined adjusted as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by quickly as possible and it is understood that an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a has no grievance shall present it orally to his/her until he has first given his immediate supervisor or any appropriate Library manageran opportunity of adjusting his complaint. The If an employee may be accompanied by his/her Xxxxxxx if they so desire. The has a complaint, he shall discuss it with his immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentationthe circumstances giving rise to the complaint have occurred, or ought to have reasonably come to the attention of the employee. If the grievance is not resolved orally Failing settlement within one (Iw)orking day thereafter, it may shall then be moved to Step Two. Step Two: The employee having taken up as a grievance in the following manner and sequence: Working day shall reduce it be defined as any scheduled day Monday to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is basedFriday inclusive. The employee may present his grievance to his immediate supervisor. The grievance shall be in writing on a grievance form supplied by the Company, and Union Xxxxxxx shall attempt to settle include the grievance remedy sought, and specify the alleged violation of the agreement. The employee may be accompanied, by his Xxxxxxx, when taking up the matter with his supervisor. A decision shall be rendered by the supervisor within two (2) working days. Failing settlement under the procedure in Step Members of the Grievance Committee shall meet with the Library DirectorPlant Manager, or his within four (4) days, unless a longer timeframe is agreed to by the parties. The Library Director or his/her designee A decision shall give his/her written answer to the employee and Union xxxxxxx be rendered within ten three (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (103) days. If satisfactory Step Failing settlement under Step a Representative shall meet with the Plant Manager, or his within five (5) working days, unless a longer timeframe is agreed to by the parties. A decision shall be rendered within four (4) working days. If, after exhausting the grievance procedures under Section the grievance has not reached been satisfactorily settled, either party shall notify the other in writing within twenty (20) calendar days of its desire to submit the dispute to arbitration and the procedure shall be as follows: The recipient of the notice shall within five (5) working days, it may be moved contact the other party to Step Four attempt to agree on a mutually acceptable arbitrator. If the recipient of the fails to contact the other party or Step Five. Step Four: Mediation may be initiated by if the two parties fail to agree on an within five (5) days either party utilizing a mediator from request that an appointment be made by the Michigan Employment Relations Commission Minister of Labour The Arbitrator shall adjudicate the dispute and his decision shall be final and binding upon both parties and on the employees or Federal Mediation and Conciliation Serviceemployee affected by it, but shall not be retroactive prior to the initiation of this grievance. In The Arbitrator shall not be authorized to alter, modify or amend any part of this Agreement, nor make any decision inconsistent with provisions of this Agreement. The Parties to the event mediation is utilized, Agreement shall share equally the time limits for arbitration shall commence upon the date of termination cost of the mediation procedureremuneration and expenses of Arbitrator chosen. The mediation is nonbindingdecision of Arbitrator shall not be unduly delayed. All A bulletin board will be provided by the-Company and placed in a suitable location for the use of the Union to post notices of intent relating to mediate or arbitrate its meetings and other Union news. No notice shall be in writingposted unless it has first been submitted to the Company. The Company shall post the seniority list on the bulletin board. The seniority list shall be updated every six months and shall set out each employee’s seniority date, classificationand department.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. 5.1 A grievance If an employee (or employees) has any complaint or question he wishes to take up with the Company, the employee shall confer with his immediate Xxxxxxx. His Plant Committee person may accompany the employee if the employee requests his assistance. The decision of the Xxxxxxx shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreementgiven within twenty-four (24) hours. A grievance may be filed by an employee or Failing a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer settlement satisfactory to the employee within five (5) working days after presentation. If the grievance matter shall then become a grievance, provided it is not resolved orally it may be moved to Step Two. Step Two: The employee having reduced in writing as a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, (a) within ten three (103) working days of the event upon which it is based. The employee answer of the Xxxxxxx to the complaint and Union Xxxxxxx shall attempt within two (2) weeks of the the facts giving rise to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer became known to the employee or the Union or should have become known with the exercise of reasonable attention. Step No. The grievance shall be reduced to writing on a triplicate grievance form provided by the Company and Union xxxxxxx signed by the Committee person and the employee and handed to the Xxxxxxx concerned, who shall then give his answer in writing and return same to the Committee person within ten three (103) working days. Step No. If the written decision of the Xxxxxxx is not satisfactory to the employee, the Committee person shall then refer the grievance to the Human Resources Manager and/or his designate who shall, within three (3) working days of this meetingthe date he received the grievance, record his decision on the triplicate grievance form and deliver one (1) copy to the Committee person, and one (1) copy to the Xxxxxxx and one (1) copy to the Human Resources Manager and/or his designate. Step No. If the Resources Manager and/or his designate’s decision resulting from Step is not satisfactory to the employee then the grievance shall be referred by the Plant Committee to the Management of the Company who will meet and discuss it with the Committee. At this meeting any Grand or District Lodge representative of the Union may be present if his presence is requested by either the Union or the Company. Within three (3) working days of the conclusion of the conference the decision of Management shall be recorded on the triplicate grievance form and one copy shall be given to the Committee person, one (1) copy shall be given to the Xxxxxxx and one (1) to the Human Resources Manager and/or his designate. Step No. In the event the grievance is not satisfactorily settled within ten (10) working days of adjusted by the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working daysforegoing procedure, it may be moved submitted to Step Four arbitration on written notice by the Union to the Company. An Arbitrator shall selected by mutual agreement of the If the parties cannot agree on an impartial arbitrator, they then shall mutually request the Ministry of Labour Arbitration Services to furnish a panel or Step Fivepanels of five (5) arbitrators. Step Four: Mediation may be initiated by either The party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for requesting arbitration shall commence upon the date of termination strike out two (2) of the mediation proceduresubmitted names. The mediation is nonbinding. All notices of intent to mediate or arbitrate other party shall be in writing.strike out two

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an may arise from a dispute concerning the interpretation, application, administration, or alleged violation, misinterpretation or misapplication of any provision violation of this Agreement. A grievance may be filed In the event of a complaint by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing employee, they take the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original matter up on an oral basis with the Employer, with a copy to the Union, their Supenisor within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer rise to the employee and Union xxxxxxx within We ten (10) day time limit shall apply from the day the event giving rise to the grievance becomes known by the The employee shall he accompanied by a Xxxxxxx if they request such assistance. The will reply to the complaint within twenty-four hours. If the matter is not settled to the employee’s satisfaction, the following procedure shall adhered to: Step No. I: The employee or the Union Xxxxxxx shall present the grievance in writing on the form provided, signed by the employee and a Xxxxxxx, to the Supenisor within three (3) working days after the date of receiving the Supervisor’s reply to the complaint. The employee shall have the assistance of their Xxxxxxx. Supenisor shall the grievance with Xxxxxxx and employee and give an or decision in writing three (3) working days of this meetingthe date upon which the grievance was received. Step No. If the grievance is not satisfactorily settled at Step No. the Chief Xxxxxxx or nominee may within ten and not after three (103) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxxdate of the decision of the Supervisoror nominee, employee and the Union Representative, shall take the matter grievance up with the Library Director employee’s appropriate Superintendent or Department Head. The Superintendent or Department Head or their nominee shall give a decision or answer in writing within ten three (103) working days of the Director’s written answerdate upon which the grievance is received. The Library Director Xxxxxxx may request the presence of the Xxxxxxx at this stage. Step No. If the grievance not settled at No. the Shop within and not after five (5) days of the day of the decision of the appropriate Superintendent or Department Head or nominee, take the grievance up with the Labour Relations Supervisoror nominee. Either party may arrange for the attendance of its representatives who met on the grievance at the earlier steps. and a full-time representative of the Union may be at the request of either party. The Labour Relations Supervisor or nominee shall give his/her written answer a decision in within ten (105) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon days of the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingon which it was received.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be Grievance is hereby defined as an alleged violationa difference or dispute between the Company and the Union, misinterpretation as to the interpretation, application, administration or misapplication claimed violation of any provision terms or provisions of this Agreement. A grievance may Should any difference arise between the Company and the Union, an xxxxxxx effort will be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing made to settle the time limits below, Saturday, Sunday matter promptly and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to justly in accordance with the following procedure: Step One: An employee having , and there shall be no suspension of work on account of such differences. No complaint shall be considered as a grievance shall present unless it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee is processed at First Step within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) Fifteen working days of the event upon which alleged violation of this contract and that clause of this article has been complied with. Statutory Holidays will not be counted as working days. An Employee who has a complaint shall first take it is basedup with his Xxxxxxx, and, if he so desires, shall have the assistance of the Business Agent and/or Xxxxxxx by request through his Supervisor or Xxxxxxx. The employee and Union Xxxxxxx shall attempt give his answer to settle the grievance Employee and the Business Agent within one working day. Should an Employee not receive satisfaction from the Xxxxxxx, the matter shall be taken up at the Department Superintendent level, or with the Library DirectorProduction Manager by the Business Agent and Xxxxxxx or Committee man. The Library Director Superintendent or his/her designee Production Manager will give his answer within one working day. In the event that the complaint arose from the action of a staff member at a higher level than a Superintendent, the Employee and the Business Agent and/or Xxxxxxx may discuss the matter directly with that staff member. The staff member will give his answer within one working day. FIRST STEP Should an Employee not receive satisfaction from his Xxxxxxx, Department Superintendent or Senior Staff Member in regard to his complaint it shall be reduced in writing on a standard form used for such purposes, stating clearly the matter in dispute and presented to the Human Resources through his Xxxxxxx for consideration. The Employee will be given an answer in writing through his Xxxxxxx within two working days from the day it was presented in writing. SECOND STEP If the Grievance is not settled satisfactorily at the First Step, the Business Agent may within five working days of receipt of the First Step reply, then present the Grievance to the Human Resources Manager and it shall be discussed by the Business Agent, Negotiating Committee, Human Resources Manager, and such other Company representatives as may be designated by it, at a meeting to be held for that purpose within three working days, or as mutually agreed after the presentation of the Grievance to the Human Resources Manager. The Human Resources Manager shall give his/her written answer to the employee and Union xxxxxxx Grievance within ten (10) two working days of this such meeting. If , to the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingBusiness Agent.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A It is recognized that in any grievance procedure, the sound discretion and good judgment of the aggrieved employee, the xxxxxxx, the supervisor, the Grievance Committee and the Management Representatives are vital and important factors. It is the desire of the Company and the Union to provide a. quick, efficient, fair and reasonable method of adjusting and settling grievances. No grievance shall be defined as considered where circumstances giving rise to it occurred or originated more than ten (10) days before the filing of the grievance. Where an employee has a grievance the interpretation, application, administration, or alleged violation, misinterpretation or misapplication of any provision of violation this Agreement, the following procedures shall apply: Step The aggrieved employee shall his grievance orally or in writing to his supervisor. A He shall have the assistance of his Xxxxxxx if he so desires. The supervisor shall give his decision to an oral grievance and in writing to a written grievance within two working days following the presentation of the grievance to him. If a satisfactory settlement is not reached, then the grievance may be filed by an employee or a group of employees. Group grievances presented ad follows: Step Within three (3)working days after decision is given at Step the grievance may be initiated at reduced to writing on a supplied by the Union and approved by the Company and presented the Plant Manager or his designated representative. A meeting will then be held within five (5)working days between the Grievance Committee, the Manager or his designate, the supervisor or supervisor involved, and if requested by either party. A decision will be rendered in writing the Company within three (3) working days following this meeting. Step ThreeIf a satisfactory settlement has not ,been reached, then within five (5)working days after the decision is given Step the grievance may be submitted in writing to the Vice President of Human Resources or his designated representative. In computing A meeting will be held between the time limits belowVice President or his designated representative, SaturdayGrievance Committee, Sunday and Holidays are excludeda staff representative of the Union within five (5) days from the date the grievance is submitted under Step The will not be delayed if the Staff Rep. is not available within the five (5) mentioned unless there is agreement between the Union and for such a delay. All unsettled grievances, as defined above, The decision of the Vice President or his representative shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee delivered in writing within five (5) working days after presentationfollowing the date of such meeting. If The Company will prepare typed minutes of Step meetings, which will be initialed by both parties. It is understood that such minutes shall be without prejudice to either party. It is understood that the grievance Company may grieve against the Union and, where the Union is not resolved orally it itself the injured party or where the Union is seeking an interpretation or declaration only, the Union may grieve on its own behalf against the Company. Such grievances shall be moved limited to complaints concerning the interpretation, application, administration or alleged violation of this Agreement and must be submitted in writing as provided by Article Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event circumstances giving rise to the grievance. Failing settlement of any grievance at Step either the Company or the International Union may, upon which it is based. The employee and Union Xxxxxxx shall attempt notice by registered mail to settle the other party, but not later than thirty (30)calendar days after the grievance with meeting, refer the Library Director. The Library Director or his/her designee shall give his/her written answer grievance to the employee final and Union xxxxxxx within ten (10) working days of this meetingbinding arbitration. If at any step of the grievance or arbitration procedure, a grievance is not satisfactorily settled within ten (10) working days initiated or further processed in keeping with the specified time limits, it shall be deemed to have been abandoned. International Representative An International Representative shall be permitted to enter the plant to investigate any grievance or handle other official Union business, at times mutually agreed with the Company. ARTICLE ARBITRATION Both parties to this Agreement agree that any dispute or grievance concerning the interpretation, application, administration or alleged violation of this Agreement by either party, including any dispute arising in relation to the application or administration of any insurance benefits hereunder, which has been properly carried through all the steps of the written answer it Grievance Procedure within the prescribed time limits as set forth in Article above, and which in accordance with Article has not been settled or withdrawn, may be moved referred to Step Threeat arbitration at the written request of either party. Step Three: The Xxxxxxx, employee and Not withstanding anything contained in Article the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is Company will not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, invoke the time limits for arbitration shall commence upon set out in Article prior to the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be Union in writing.writing three

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violationis any complaint, misinterpretation dispute, or misapplication of any provision of this Agreement. A grievance may be filed by controversy between an employee or the Union and the Employer relating to the interpretation, application, administration or alleged violation of this agreement and any question as to whether a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, matter is The grievance procedure shall be subject as follows: Step An employee should first discuss his complaints with his immediate supervisor, and if not satisfactorily resolved, the employee’s com- plaints relating to the following procedure: Step One: An interpretation, application, administration or alleged violation of this Agree- ment shall be reduced to writing by the employee having a grievance shall present or his Xxxxxxx or Committeeperson on the form provided for this purpose setting forth the facts giving rise to the grievance, the Agreement provisions which it orally is claimed were violated and the relief requested, and submitted to his/her the employee’s immediate supervisor or any appropriate Library managerwithin five working days after the occurrence of the facts giving rise to the grievance. The employee may be accompanied represented by his/her his Xxxxxxx if they so desireor person at any meeting with the supervisor prior to his written decision. The immediate supervisor or manager shall give his/her answer to the employee within Within five (5) working days after presentationthe written grievance is submitted to him, the supervisor shall deliver his written deci- sion to the Xxxxxxx or Committeeperson. Step If the grievance is not resolved orally it may disposed of in Step then a written notice of appeal on the form provided shall be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file delivered by the original with the Employer, with a copy Plant Commit- tee Chairperson to the Union, Department Manager within ten (10) three working days of delivery of the event upon which it is basedSupervisor’s written decision. The employee may be represented by the Plant Committee Chair- person and Union Xxxxxxx shall attempt to settle the grievance Xxxxxxx, if necessary, at any meeting with the Library DirectorDepartment Manager prior to his written decision. The Library Director or his/her designee Within three working days after the appeal is submitted to him the Department Manager shall give his/her deliver his written answer decision to the employee and Union xxxxxxx within ten (10) working days of this meetingPlant Committee Chairperson. Step If the grievance is not satisfactorily settled disposed of in Step then a written notice of appeal on the form provided shall be delivered by the Plant Chairperson to the Vice-President, Manufacturing or in his absence the Vice-President, Human Resources, within ten (10) five working days of deliv- ery of the Department Manager’s written answer deci- sion. Within five working days after receipt of the notice of appeal by the Vice-President, Manufacturing or Vice-President, Human Re- sources, as the case may be, the members of the Plant Committee shall meet with the President, Manufacturing or in his absence the Vice-President, Human Resources to attempt to resolve the grievance unless otherwise mutually agreed. If requested by either party, a National Representative of the Union, shall attend the meeting. Within five working days following this meeting, the Vice-President, Manufacturing or in his absence the Vice-President, Human Resources, shall deliver his written decision to the Plant Committee Chairperson. If a National Representative is not available the Local Union President may attend the meeting in place of the National Representative. Prior to any third stage grievance appeal, the Union may request the supervisor involved in the grievance be in dance at the appeal hearing for purposes of investigation. Similarly the Company may request the presence of the Step If the grievance is not disposed of in Step then the Plant Committee Chairperson may demand arbitration pursuant to paragraph of this Agreement. If any grievance involves more than three employees, the Plant Committee Chairperson may present the grievance to the Vice-President, Manufacturing or in his absence the President, Human Resources, by completing the form provided for grievances at Step and deliv- ering it to the Vice-President, Manufacturing, or in his absence, the Vice-President, Human Resources, within five working days after the grievance arises. Thereafter, the procedure outlined in Steps 3 and 4 above shall be followed. Any time limitation specified in paragraphs and may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days extended by mutual agreement of the Director’s written answerparties set forth in writing only. The Library Director Any complaint or grievance not filed or not appealed to the next step within the time permitted by this Agreement shall give his/her written answer within ten (10) daysbe considered settled on the basis of the last decision and shall not be subject to further consideration. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, fails to adhere to the time limits specified in this Article, then the grievance shall be deemed to be conceded. If arbitration is desired, the Plant Commit- tee Chairperson or a National Representative of the Union shall deliver within ten working days after delivery of the decision in Step 3 of the grievance procedure, a written demand therefore to the Vice-President, Manufacturing, or in his absence, the Vice-President, Human Resources, identifying the grievance and the names of the Union’s choice for arbitration an arbitrator. The Employer shall, within five working days after receipt of the demand, advisethe Union of the names of the employer’s choice for arbitrator. The Union and the Employer shall, within five working days or at a time mutually agreed upon, select an arbitrator from the names submitted. If the parties fail to appoint an arbitra- tor, within the time limit, the appointment shall commence be made by the Minister of Labour for Ontario upon the date request of either party. The Arbitrator shall hear the grievance and shall issue an award which shall be final and binding upon the parties and upon any employee affected by it. No person may be appointed as an arbi- trator who has been involved in an attempt to negotiate or settle the grievance. The parties will jointly share the expenses, if any, of the Arbitrator. The Arbitrator shall not be to make any award inconsistent with the provisions of this Agreement or to alter, modify, or amend any part of this Agreement. No grievance may be submitted concern- ing the termination of the mediation procedureemployment, layoff or of a probationary employee. The mediation is nonbinding. All notices may be involved at any step of intent to mediate or arbitrate shall the grievance procedure and will be paid for any regular time lost in writingprocessing his grievance.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. 5.1 A 17:01 For the purposes of this agreement, a grievance shall be defined as an mean any difference concerning the interpretation, application, administration or alleged violation, misinterpretation or misapplication violation of any provision the provisions of this Agreement. A grievance Before resorting to the Formal Grievance Procedure, the complaint, which may lead to a formal grievance, may be filed discussed with the Deputy Chief(s) or in his absence, the Fire Chief, in an effort to resolve the complaint. For the purpose of this article, working day will mean Monday to Friday, excluding City Holidays. Stage 1 When a formal grievance occurs, the aggrieved employees shall first contact the Association’s Grievance Committee by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing submitting the time limits belowgrievance in duplicate and in writing, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to signed by the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentationgrievor. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a accepted by the Association’s Grievance Committee, one (1) copy of the grievance shall reduce it to writing and file the original with the Employer, with a copy be forwarded to the Union, Fire Chief within ten (10) working days of the event upon which it alleged grievance. Stage 2 Within ten (10) working days after notification of a formal grievance is basedreceived by the Fire Chief, the aggrieved employee, represented and accompanied by the Association’s Grievance Committee with the Fire Chief and/or the Deputy Chief(s) to have the Grievance heard. A decision and reason therefore shall be rendered by the Chief within ten (10) working days after this meeting. The Association will have thirty (30) working days from the date of receipt of the Chief’s decision to declare acceptance or advise they wish to proceed to Stage 3. Stage 3 Failing settlement through the foregoing procedure, the Association’s Grievance Committee, together with the aggrieved employee and Union Xxxxxxx shall attempt to settle may present the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee Chief Administrative Officer or the Deputy Chief Administrative Officer, the General Manager of Human Resources (or their designate) and Union xxxxxxx the Fire Chief (or their designate) shall render a decision and reason for the decision within ten (10) working days of this meetingsuch presentation. If the grievance is not satisfactorily settled within ten The Association will have thirty (1030) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination receipt of the mediation proceduredecision to declare acceptance or advise they wish to proceed to stage 4. The mediation is nonbinding. All notices of intent Stage 4 Failing settlement through the procedures set out in stages 1, 2, and 3 above, the matter may be submitted to mediate or arbitrate shall be in writingArbitration pursuant to Article 14:01, hereto.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance (a) FIRST STAGE It is the mutual desire of the parties hereto that complaints of employees shall be defined adjusted as quickly as possible, and it is that an employee has no grievance until he has first given his Foreperson an opportunity to adjust the complaint. If an employee has a grievance, he will present his grievance, verbally, to his Foreperson with the assistance of the Department Xxxxxxx, within seven (7) working days of the circumstances giving rise to the grievance. The Foreperson will give their answer, verbally, within seven working days. Where more than three persons have the same grievance, it will be treated as a Policy Grievance. If the grievance is not settled at this stage, it shall be reduced writing and processed to the second stage by the Grievance Committee. SECOND STAGE Failing satisfactory settlement under Stage One, the Grievance Committee shall within five (5) working days of receipt of the answer of the Foreperson, refer the grievance to the Manager of the Company or their nominee. The meeting with the Manager or their nominee shall take place within five (5) working days following referral of the grievance to the Manager with a view of settling the grievance. At this meeting a National Representative, and/or the President of the Local may attend. It is understood that the President of the Local shall not be recognized as an alleged violationadditional Shop Xxxxxxx or Committee person. it is further understood that the President of the Local’s lost time to attend such meetings, misinterpretation will be the responsibility of the Local Union. It is also understood that the may be present at this meeting. The Manager of the Company, or misapplication their nominee, shall give their answer in writing to the Union within five (5) working days following the day of such meeting. The Company shall have the right to lodge a grievance with the Union relating to the conduct of the Union or any Union representative, or the conduct of the employees, or concerning the application or interpretation of any provision of this Agreement. A The grievance may shall first be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject presented in writing to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee Union within five (5) working days after presentation. If of the circumstances giving rise to the grievance is not resolved orally it may and a meeting will be moved held within one (1) week between representatives of the Company and the Union and the grievance shall be answered in writing by the Union within one week of such meeting. The Union shall have the right to Step Two. Step Two: The employee having lodge a grievance shall reduce it to writing and file the original with the Employer, with a copy Company relating to any Company policy or concerning the application or interpretation of any provision of this Agreement. The grievance shall first be presented in writing to the Union, Company within ten seven (107) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt circumstances giving rise to settle the grievance with and a meeting will be held within one week between representatives of the Library DirectorCompany and the Union and the grievance shall be answered in writing by the Company within one (1) week of such meeting. The Library Director Failing settlement under the grievance procedure of any grievance which concerns the interpretation, administration or his/her designee shall give his/her alleged violation of the Agreement, the grievance may be referred by either party to Arbitration as provided in Article below. If no written answer to the employee and Union xxxxxxx request for Arbitration is received within ten fifteen (1015) working days of this meetingafter the final decision is given under the Grievance Procedure, it shall be deemed to be settled or abandoned. If The Union may extend the grievance is not satisfactorily settled within ten fifteen (1015) working days for an additional five (5) days provided they notify the Company in writing, prior to the expiry of the written answer it may be moved to Step Three. Step Three: The Xxxxxxxinitial fifteen (15) day period, employee and that the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement extension is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Servicenecessary. In the event mediation that a grievance is utilizedfiled involving safety, it is understood that the time limits Union Safety Representative. or his alternate, will be included in the processing of such grievance, if agreed to by both parties, for arbitration shall commence upon the date of termination resolution of the mediation proceduregrievance. The mediation is nonbinding. All notices of intent to mediate or arbitrate No matter shall be in writingsubmitted to Arbitration which has not been properly carried through the appropriate stages of the Grievance Procedure.

Appears in 1 contract

Samples: Article      Ii

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step OneLevel 1: An employee having or the Association, believing a violation of the contract to exist, shall first discuss the alleged grievance shall present it orally to his/her immediate with the supervisor immediately responsible within ten (10) days of occurrence or any appropriate Library managerknowledge. The employee may be accompanied by a representative of the Association if he/she desires. The employee or Association must inform his/her Xxxxxxx if they so desiresupervisor that this is a Level 1 grievance in advance. The immediate Failure to notify the supervisor or manager shall give his/her answer to that it is a Level 1 grievance will automatically forfeit the employee right to advance the alleged grievance. Level 2: If the grievance is not resolved within five (5) working days after presentationat Xxxxx 0, the grievance must be submitted in writing on a District form (see attached) within five (5) working days of the Level 1 answer, and so delivered to the immediate supervisor. Within five (5) working days (defined as Monday to Friday, inclusive, excluding recognized legal holidays and school vacations) the supervisor shall deliver a written disposition of the grievance to the committee. Level 3: If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, at Level 2 within ten (10) working days days, the grievance committee shall so note in writing on copies of the event upon which it is based. The employee grievance form, the administrative disposition and Union Xxxxxxx shall attempt to settle deliver the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer writings to the employee and Union xxxxxxx within ten Superintendent. Within seven (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (207) working days, it may the Superintendent and/or his/her delegate shall meet with the grievance committee. Within seven (7) working days after such meeting, the Superintendent shall deliver a written disposition of the grievance to the committee. Level 4: If the findings of the Superintendent are not satisfactory with the grievance committee, the committee may, within fifteen (15) working days following the Superintendent’s findings, notify in writing to the Superintendent that the grievance be moved submitted to Step Four arbitration. A representative of the Association and Board shall meet within thirty (30) days to determine if a mutually agreeable arbitrator can be determined. If an arbitrator cannot be mutually agreed upon within fifteen (15) days, the arbitrator shall be selected by the American Arbitration Association in accord with its rules which shall likewise govern the arbitration proceedings. The arbitrator shall have no power to alter, modify, add to, or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator subtract from the Michigan Employment Relations Commission provisions of this Agreement. His/Her authority shall be limited to deciding whether a specific article or Federal Mediation section of this Agreement has been violated and Conciliation Service. In shall be subject in all cases to the event mediation is utilizedrights, the time limits for arbitration shall commence upon the date of termination responsibilities, and authority of the mediation procedureparties under the Michigan Revised School Code or any other national, state, county, district, or local laws. The mediation is nonbindingarbitrator shall not usurp the functions of the Board or the proper exercise of its judgment and discretion under law and this Agreement. All notices The decision of intent to mediate or arbitrate the arbitrator, if within the scope of his/her authority as above set forth, shall be in writingfinal and binding on all parties.

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by If an employee has a grievance or a group of employees. Group grievances may be initiated at Step Three. In computing dispute with the time limits belowCompany, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject the parties agree to the following procedure: Step One: An The aggrieved employee having a grievance shall present it orally bring the matter in writing to his/her his immediate supervisor or any appropriate Library managerwithin five working days of the occurrence of the grievance. The A discussion must take place between t h e supervisor and the employee may accompanied, if he so desires, with his Union Committee Member, within two working days. supervisor shall his decision in writing within two ( 2 ) working days following such discussion. Step 2 : Should the supervisor's response be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer unsatis- factory to the employee the matter shall be brought up in writing to the Plant Manager's attention within five working days following Step The Plant Manager shall then convene a meeting including the and the Union grievance committee to discuss the matter. He should render decision in writing within ( 5 ) working days after such meeting. step 3 : In the event that the grievance is not settled to the employee's satisfaction, the matter should be referred in writing within five (5) working days, to the Company's Labour Relations' representative and the Union's business repre- sentative to be discussed with the parties involved. The parties shall communicate within a reasonable period of time to resolve the grievance. Should no agreement, the matter shall be referred to arbitration in writing within ten working days after presentationfollowing the said communication. If Arbitration In t h e notice t o t h e other party, the requesting a r b i t r a t i o n must submit a list of names of individuals t h a t it proposes to act as a s o l e a r b i t r a t o r . The other party has t e n working days t o either agree t o one of t h e names submitted o r submit its own list. Should there be no agreement in the choice of a t o a c t as the a r b i t r a t o r , the Federal Minister Labour w i l l be requested t o appoint one. The jurisdiction of the a r b i t r a t o r shall be restrained t o the terms and conditions spelled out i n t h i s collective agreement. The a r b i t r a t o r ' s decision s h a l l be binding upon all p a r t i e s concerned. The cost of the a r b i t r a t o r shall be shared equally by the p a r t i e s . Each party s h a l l pay t h e i r own costs. No matter may submitted to a r b i t r a t i o n which h a s not been carried through all s t e p s outlined the grievance is not resolved orally it procedure. However time L i m i t s may be moved to Step Twoextended by mutual agreement. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.ARTICLE

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an Grievance is a difference arising between the Company and the Union or any Employee from the interpretation, application, administration, or alleged violation, misinterpretation or misapplication violation of any provision the pro- visions of this Agreement. A Without restricting the general- ity of the foregoing, this includes the right of Management to lodge a grievance may be filed by an employee or a group of employees. Group grievances may be initiated against the Union starting at Step Three. In computing Both parties agree that it is of the time limits belowutmost to adjust complaints and grievances as quickly as possible and therefore, Saturdaywithin twenty-five (25) days after the oc- xxxxxxxx or origin of the circumstance giving rise to the grievance, Sunday and Holidays are excluded. All unsettled grievances, as defined above, the following procedure shall be subject followed. Step Any employee Xxxxxxx may dis- cuss any grievance with Supervisor. The Supervi- sor shall slate decision to the following procedure: Step One: An employee having Xxxxxxx one (I) working day or at a time mutually agreed upon. If no settlement is reached then, within three (3) working days the grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer stated in writing and presented to the employee Director of Manufacturing. Step The Director of Manufacturing shall hold a meeting with the Union's Grievance Committee to attempt a settle- ment of the dispute within (5) days. If the matter is not satisfactorily settled at this level within five (5) working days after presentation. If of receiving the grievance is not resolved orally then it may be moved submitted to the Vice President, Human Resources of the Welland plant or a designate for disposition. Step If there is an outstanding grievance, the Vice President, Human Resources of the Welland plant or a designate shall hold a meeting within days of receiv- ing the decision from the Union that they are processing the grievance to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the EmployerUnion Grievance Commit- tee, with who may be accompanied by the Representative of the International Union assigned to service the Local, or a copy designate. The Vice President, Human Resources of the Welland plant or a designate shall state the decision in writing to the Union, Representative within ten (105) working days of such meeting, or at a time mutually agreed upon. A copy of the event upon which it is baseddecision will be given to the local Union President. The employee and Union Xxxxxxx shall attempt have the right to settle initiate group grievances, or grievance of general nature, under Step Should the Union to carry on a grievance within the time allowance set out in this article, or agreed upon, then the grievance with shall be deemed to be abandoned. If the Library Directortime allowance or any agreed upon extensions are not observed by the Company, then the grievance will be considered to have advanced to the next stage. Arbitration. If arbitration is to be invoked, the request for arbitration must be made in writing within thirty (30) days of the decision of the Vice President, Human Resources of the Welland plant or a designate under Step The notice shall contain names of arbitrators that are recom- mended as chairmen. The Library Director or his/her designee recipient of the notice shall give his/her written answer to the employee and Union xxxxxxx within ten fifteen (1015) working days advise the other party which of this meetingthe recommended names is acceptable or submit another of recommended arbitrators. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee Company and the Union Representative, shall take the matter up with the Library Director fail to agree upon a Chairman within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.Fifteen

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be Section 1. For purposes of this Agreement, a griev- ance is defined as an a dispute between the Company and the Union or between the Company and any non-proba- tionary employee covered hereby, with respect to the alleged violation, misinterpretation or misapplication violation of any a specific provision of this AgreementAgree- ment. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, Grievances as herein defined above, shall be subject to processed in keeping with the following procedure: Step OneSTEP ONE: Both parties encourage the verbal reso- lution of disputes as quickly as possible. An aggrieved employee having shall discuss the dispute with his immediate supervisor with or without a grievance shall present it orally representative. However, to his/her be considered under this Article the griev- ance must be submitted to the immediate supervisor or any appropriate Library managerin writing on a form mutually agreed to by the Company and the Union, containing in specific terms the information described in Section 3, within four (4) business days fol- lowing the occurrence which caused the grievance. If the grievance has not been satisfactorily resolved within four (4) business days following its presentation to the super- visor, then STEP TWO: The written grievance may be submit- xxx to the Production Manager within four (4) business days following the answer of the immediate supervisor. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager Production Manager shall give his/her his written answer to the employee grievance within four (4) business days after its sub- mission to him. The Production Manager, the designated union grievance committee member, and the grievant may meet to discuss the details of the grievance and attempt to reach a resolution prior to the issuance of the Produc- tion Manager’s written answer. In the event there is no satisfactory settlement of the grievance at this Step, then STEP THREE: The written grievance may be num- bered and submitted to the Human Resources Manager within four (4) business days following the answer of the Production Manager. The Human Resources Manager shall give his written answer to the grievance within five (5) working business days after presentationits submission to him. If The Human Resources Manager, Local Union President, the desig- nated union grievance committee member and the griev- ant may confer to discuss the details of the grievance and attempt to reach a resolution prior to the issuance of the Human Resources Manager’s written answer. In the event there is not resolved orally it no satisfactory settlement of the grievance at this Step, then STEP FOUR: The written grievance may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy submit- xxx to the Plant Manager within four (4) business days following answer in Step Three. The Plant Manager may discuss the grievance with Union, ’s designated respresentative within ten (10) working business days of the event upon which it is basedfollowing its submission to him. The employee Union’s international repre- sentative and the Local Union Xxxxxxx shall attempt to settle President will attend this meeting which may also include the grievance with the Library Directorgrievant. The Library Director or his/her designee shall Plant Manager will give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written his answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from business days following the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingmeeting.

Appears in 1 contract

Samples: Agreement

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GRIEVANCE PROCEDURE. 5.1 A grievance 9.01 It is the mutual desire of the parties hereto that complaints of employees shall be defined adjusted as an alleged violation, misinterpretation or misapplication of any provision of this Agreementquickly as possible. A grievance may be filed by It is understood that an employee or a group of employeeshas no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. Group grievances may be initiated at Step Three. In computing He shall discuss it with his immediate supervisor within three (3) days after the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject circumstances giving rise to the following procedure: Step One: An employee having complaint have originated or occurred. Failing settlement, it may then be taken up as a grievance shall present it orally to his/her within three (3) days following advice of the immediate supervisor or any appropriate Library managersupervisor's decision in the following manner and sequence. Step No. 1 The employee Employee may be accompanied by his Xxxxxxx or Union representative and his grievance, in writing, shall be presented to the Department Head. The grievance shall be signed by the employee, and shall set out the particulars of the grievance. The Department Head shall deliver his decision, accompanied by his reason(s) in the event the grievance is rejected, in writing three (3) days following the presentation of the grievance to him. Step No. 2 Failing satisfactory settlement in Step No. 1, the written grievance shall be submitted by the employee within three (3) days after the Department Head's decision is given, to the Manager or his/her Xxxxxxx if they so desiredesignate. The immediate supervisor or manager grievance shall give his/her answer to be accompanied by written reasons for the employee rejection of the Department Head's decision at Step No. 1. A meeting will be held within five (5) working days after presentation. If between the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten Manager (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give designate) and the employee concerned and the union xxxxxxx, if the employee desires his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meetingassistance. If the grievance is not satisfactorily settled within ten (10) working days A staff representative of the written answer it Union may be moved to Step Threepresent at the request of either the Employer or the employee. Step Three: The Xxxxxxx, employee and It is understood that the Union Representative, shall take the matter up with the Library Director within ten Manager (10) working days of the Director’s written answer. The Library Director shall give or his/her written answer within ten (10designate) daysshall have such assistance as he may desire at the meeting. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilizedFailing settlement, the time limits for arbitration shall commence upon the date of termination decision of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate Manager shall be delivered in writingwriting within five (5) days to the Union.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A Clause 6.01 Part I Within the terms of this agreement, a grievance shall be defined as an a difference arising between the Employee, the Union, or both and the Employer as to the interpretation, application, administration, or the alleged violation, misinterpretation or misapplication violation of any provision the provisions of this Agreementagreement. A Clause 6.01 Part II Complaint Stage Immediate Supervisor It is understood that an Employee has no grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to until he/she has first given his/her immediate supervisor or any appropriate Library managerSupervisor an opportunity to adjust his/her complaint. The employee In discussing his/her complaint, the Employee may be accompanied by his/her Xxxxxxx if they so desirexxxxxxx. The immediate supervisor or manager Employee will have three (3) working days from the occurrence of the incident to lodge the complaint. In the case when an Employee is on a leave of absence, such as vacation, illness, pregnancy, union, etc., for a period not exceeding ten (10) working days, they shall give his/her answer have three (3) working days from the date of their return to work to lodge the complaint. The Employer will have one (1) working day in which to respond to the employee complaint. If the response is unsatisfactory, the Employee will have two (2) working days in which to process the grievance to Step I. It is to be understood that any decision reached at the Complaint Stage of the Grievance Procedure is without precedent or prejudice. Clause 6.01 Part III All grievances shall be in writing on recognized grievance forms and all replies to all steps shall be in writing on original recognized grievance forms. Clause 6.01 Part IV Step I Senior Supervisor A member of the Union committee shall submit the written grievance to the Senior Supervisor or designate who shall, within three (3) working days from the receipt of the grievance, arrange a meeting and meet with the union officer, and or the grievor, and attempt to settle the grievance. The Senior Supervisor or designate shall respond within three (3) working days of the meeting. Clause 6.01 Part V Step II Manager Grievances proceeding to Step II must be submitted to the Manager by the Union within three (3) working days of the date of the Senior Supervisor’s response at Step I. The Manager or designate shall, within three (3) working days of receipt of the written grievance, arrange a meeting and meet with the Union committee, and or the grievor, and attempt to settle the grievance. The Manager or designate shall respond within three (3) working days of the meeting. Clause 6.01 Part VI Step III Chief Administrative Officer Grievances proceeding to Step III must be submitted to the Human Resources Department within three (3) working days of the date of the Manager’s response at Step II. The Human Resources Department shall within five (5) working days after presentation. If of receipt of the written grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having arrange a grievance shall reduce it to writing meeting and file the original meet with the EmployerUnion committee and or the grievor and attempt to settle the grievance. The Chief Administrative Officer, with a copy to the Union, or designate shall respond within ten five (105) working days of the event upon which it is basedmeeting. The employee and Union Xxxxxxx shall attempt to settle Failing settlement of the grievance with at this step, the Library Director. The Library Director or his/her designee shall give his/her written answer matter may be referred to a Board of Arbitration by notice in writing to the employee and Union xxxxxxx other party within ten five (105) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) additional working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the DirectorChief Administrative Officer’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingresponse.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an The purpose of this Article is to establish a procedure for the resolution of all grievances arising in respect of the interpretation, application, administration or alleged violation, misinterpretation or misapplication of any provision violation of this Agreement. A All grievances shall be dealt with and disposed of as hereinafter provided. The Parties agree that efforts should be made to resolve complaints through communication prior to resorting to the formal grievance process. For the purpose of Article 6 and 7, working days exclude Saturdays, Sundays and Paid Holidays. An employee who desires to present a grievance shall, within three (3) working days of the occurrence concerning which is aggrieved, take the matter up with his or her Supervisor. An employee may request the Supervisor to have present a Committee person and the Supervisor shall send for the Committee person without undue delay. The Supervisor will be allowed one (1) full working day to attempt to resolve the employee’s complaint. If the matter is not adjusted by the Supervisor, a grievance may be filed by lodged within two (2) working days, in writing, to the Service Manager. The grievance shall specify: the Articles of the Agreement alleged to be violated; an employee outline of the issues outstanding; and, the relief sought. The Service Manager shall deal with the grievance and render his or a group her decision in writing to the Committee person within five (5) working days, following the day upon which he or she received the grievance. If the decision of employeesthe Service Manager is not satisfactory to the Committee person concerned, he or she may, within two (2) working days thereafter, appeal in writing through the Committee to the Service Manager. Group grievances may be initiated at Step Three. In computing A meeting between the time limits below, Saturday, Sunday Committee and Holidays are excluded. All unsettled grievances, as defined above, Management shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee held within five (5) working days after presentationthe appeal is submitted to the Service Manager unless otherwise agreed upon. If At any meeting with the Management, the Union may have present the Committee Chairperson and/or the Committee person and the employee involved in the grievance is not resolved orally it may under appeal, the National Representative of the Union and/or the Local Union President. The Management's decision on appeals shall be moved to Step Two. Step Two: The employee having a grievance shall reduce it to rendered in writing and file the original with the Employer, with a copy to the Union, Committee within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.three

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A Any grievance shall or dispute which may arise between the parties which is claimed to be defined as an alleged a violation, misapplication, or misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to settled in the following proceduremanner: Step One: An Any employee having a grievance shall present it orally to first file in writing the alleged grievance with his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by and his/her Xxxxxxx if they so desirexxxxxxx. The immediate supervisor or manager shall give his/her answer attempt to resolve the matter and shall respond in writing to the xxxxxxx and employee within five (5) working days, excluding Saturdays, Sundays and Holidays. If the grievance has not been settled, it shall be presented in writing by the Union Xxxxxxx or the Union Grievance Committee to the Department Head within five (5) days after presentationthe supervisor's response. The Department Head shall respond to the Union Xxxxxxx or the Grievance Committee in writing within five (5) working days, excluding Saturdays, Sundays and Holidays. If the grievance still remains unresolved, it shall be presented by the Union Xxxxxxx, Union Representative, or Grievance Committee to the designated representative of the Mayor and Council in writing within five (5) days after the response of the Department Head. The specifically designated representative of the Mayor and Council shall respond in writing to the Union Xxxxxxx, Union Representative of Grievance Committee (with a copy of the response to the local union president) within thirty (30) working days, excluding Saturdays, Sundays and Holidays. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing still unsettled, either party may, within thirty (30) days after the reply of the designated representative of the Mayor and file the original with the EmployerCouncil, with a copy request arbitration by written notice to the Union, within ten (10) working days of the event upon which it is basedother party. The employee and Union Xxxxxxx arbitration proceedings shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated conducted by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service(M.E.R.C.). In the event mediation is utilized, the time limits for arbitration The request to M.E.R.C. shall commence upon the date of termination be made within two hundred seventy (270) calendar days of the mediation procedureabove written notice or the grievance shall be considered withdrawn. A copy of said request shall be sent to the other party. The mediation is nonbinding. All notices of intent to mediate or arbitrate costs for the arbitrator's services, including his expenses, if any, shall be in writingborne equally by the parties. Each party shall pay for its own expenses.

Appears in 1 contract

Samples: Governmental Employees

GRIEVANCE PROCEDURE. 5.1 A grievance It is the mutual desire of the parties hereto that complaints shall be defined adjusted as quickly as possible, and it Is specifically understoodthat an alleged violation, misinterpretation employee has no grievance until he has first given his xxxxxxx an opportunityto adjust his complaint. If an employee wishes to discuss any interpretation or misapplication application of any provision provisions of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing Agreement with the time limits belowCompany, Saturdayhe shall first take the matter up with immediate xxxxxxx, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee He may be accompanied by his/her Xxxxxxx his xxxxxxx if they he so desiredesires. If such complaint is not settled to the satisfaction of the employee concerned within three (3) working days, then the following steps of the grievance procedure may be invoked in order, provided that the alleged circumstances of the complaint originated or occurred not more than seven (7) working days prior to its presentation to the xxxxxxx, the exception being a grievance regarding wages which shall have a time limit of one (1) full pay period after receipt of No. The immediate supervisor or manager grievance shall give his/her answer be reduced to writing on forms supplied by the Union, and shall be presentedto the xxxxxxx, within three (3) working days after the xxxxxxx'x final verbal reply, by the employee, accompanied by his xxxxxxx. After such discussion as is necessary the xxxxxxx shall, within three (3) working days, state his decision to the employee and the xxxxxxx in writing, No. Failingsatisfactory settlement of the grievance at Step No, the grievance shall become a matter of discussion if submittedto the Superintendentwithin three (3) working days of receipt of the reply at Step No. This discussion will be between the grievance committee and the Superintendent and/or other representatives of the Company. A written answer shall be given by the Superintendent within three (3) working days after the meeting noted herein. No. Failinga satisfactory settlement at Step No. the grievance committee may, within five (5) working days after presentationreceipt of the answer as required in Step No. If submit the written record of the grievance to the Plant Manager and request a meeting to discuss the matter. This meeting will be between the grievance committee, the permanent representative of the Union, when requested by either party, and a management group of the Company. The Plant Manager shall notify the grievance committee as to the time and place of the meeting to be held; such meeting to be held not later than five (5) working days after the request for same has been received by him, In the event that the grievance is not resolved orally it may settled at the conclusion of this meeting, the written answer thereto shall be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, submitted within ten three (103) working days of to the event upon which it is basedunion committee after such meeting. The employee allowance in the above sections shall not include Saturday and Sunday and may be extended by mutual agreement, If the time allowance, or any agreed upon extension, is not observed by the Union Xxxxxxx the grievance shall attempt be considered as dropped. If the time allowance, or any agreed upon extension, is not observed by the Company, the grievance shall be considered to settle have advanced to the next stage. The Company or the Union may lodge a grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer other party with respect to the employee and Union xxxxxxx within ten (10) working days application, interpretation or violation of this meetingAgreement. If Such grievance may be dealt with through the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to procedure established by this Article beginning at Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingNo.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an may arise only from a dispute concerning the interpretation, application, administration, or alleged violation, misinterpretation or misapplication of any provision violation of this Agreement. A grievance may be filed In the event of a complaint by an employee or a group employee, they shall take the matter up on an oral basis with their Supervisor within ten working days of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject event giving rise to the following procedure: Step One: An employee having a complaint. The ten day time limit shall apply from the day the event giving rise to the grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerbecomes known by the griever. The employee may shall be accompanied by his/her a Xxxxxxx if they so desirerequest such assistance The Supervisor will reply to the complaint within hours. If the matter is not settled to the employee’s satisfaction, the following procedure shall be adhered to: Step No. The immediate supervisor employee or manager the Union Xxxxxxx shall give his/her answer present the grievance in writing on the form provided, signed by the employee and a Xxxxxxx, to the employee Supervisor within five (5) three working days after presentationthe date of receiving the Supervisor’s reply to the complaint. The employee shall have the assistance of their Xxxxxxx. The Supervisor shall discuss the grievance with the Xxxxxxx and the employee and give an answer decision in writing within three working days of the date upon which the grievance was received. Step No. If the grievance is not resolved orally it settled at Step No. the Chief Xxxxxxx nominee may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing within and file the original with the Employer, with a copy to the Union, within ten (10) not after three working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle date of receiving the decision of the Supervisor or nominee, take the grievance up with the Library Director. The Library Director employee’s appropriate Product Team or his/her designee Department Manager Their Product Team or Department Manager or their nominee shall give his/her written a decision answer to the employee and Union xxxxxxx in writing within ten (10) three working days of the date upon which the grievance is received. The Chief Xxxxxxx may request the presence of the Departmental Xxxxxxx at this meetingstage. Step No If the grievance is not settled at Step No. the Shop Committee shall within and not after five working days of the day of receiving the decision of the appropriate Product Team or Department Manager or their nominee, take the grievance up with the Labour Relations Supervisor or nominee. Either party may arrange for the attendance of its representatives who met on the grievance at the earlier steps, and a full-time representative of the Union may be present at the request of either party. The Labour Relations Supervisor or nominee shall give a decision in writing within working days of the date on which it was received. Step No. If the grievance is not satisfactorily settled at Step No. the Business Agent of the Union shall within ten (10) and not after working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxxday of receiving the decision of the Labour Relations Supervisor or nominee, employee and the Union Representative, shall take the matter grievance up with the Library Director Employee Relations Manager or nominee. Either party may arrange for the attendance of its representatives who met on the grievance at the earlier steps. If the grievance is not settled within five working days after the date on which it was received by the Employee Relations Manager or nominee, then the Union may, within and not after ten working days refer the grievance to Arbitration under Article At the request of the Union, the Company will extend time limits up to an additional ten working days; provided however, that in grievances having continuing financial liability, no such liability accrue during these additional ten working days. Either the Union or the Company may file a policy grievance within ten (10) working days of the Director’s written answerevent giving rise to the grievance. The Library Director ten day time limit shall give his/her written answer apply from the day the event giving rise to the grievance becomes known to either party. Any such grievance may be taken up beginning at Step No. 3 in the case of a Union policy grievance, or with the Shop Committee in the case of a Company grievance. If the grievance is not settled within five working days after the date on which it was received by the Employee Relations Manager or nominee, at Step No. then the Union may within and not after ten (10) working days refer the grievance to arbitration under Article At the request of the Union, the Company will extend time limits up to an additional ten working days; provided however, that in grievances having continuing financial liability, no such liability will accrue during these additional ten working days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, Any of the time limits for arbitration shall commence upon the date of termination in this Article or in Articles or may be extended by mutual agreement of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingparties.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A 8.01 (a) Prior to filing a grievance, the employee will discuss the complaint with her/his immediate Supervisor to determine if it can be resolved before further action is taken. Such complaint shall be discussed with her/his immediate Supervisor within nine (9) calendar days of the complaint coming to the attention of the employee. The Supervisor shall render a response within three (3) working days. If no resolution has taken place, the employee may proceed to Step #1 of the grievance procedure. Step #1 The Union will present a grievance in writing to the Director of Care or designee within fifteen (15) days of the date of its occurrence. The grievance shall be defined as an on a form referred to in Article 8 and shall identify the nature of the grievance and the remedy sought and should identify the provisions of the Agreement which are alleged violationto be violated. The Director of Care or designee shall render a decision in writing within five (5) days following the day on which the grievance was submitted. If this decision is unsatisfactory to the Union, misinterpretation or misapplication of any provision of this Agreement. A grievance Step #2 may be filed by an employee or a group of employeesfollowed within five (5) days. Group grievances may be initiated at Step Three. In computing the time limits below#2 The grievance, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined abovein writing, shall be subject referred to the Administrator, or designee, and within five (5) days following procedure: Step One: An employee having a grievance submission, the Administrator, or designee shall present reply in writing to the Union. If the decision is unsatisfactory to the Union, it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desirereferred to Step #3 within five (5) days. The immediate supervisor or manager Step #3 Failing settlement in Step #2, the Union shall give his/her answer meet with and present the grievance to the employee Director of Human Resources, or designee within five (5) working days after presentationof the receipt of the reply from the Administrator of the Home. If The decision of the grievance is not resolved orally it may Chief Administrative Officer or designate will be moved to Step Two. Step Two: The employee having a grievance shall reduce it to rendered in writing and file the original within five (5) days following such meeting with the Employer, with a copy copies to the UnionLabour Relations Officer and the Bargaining Unit President. Failing settlement, the Union may, within ten fourteen (1014) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days receipt of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take reply refer the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingarbitration.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A Any grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision arising during the life of this Agreement. A grievance may be filed by an employee or a group contract pertaining to wages, hours of employees. Group grievances may be initiated at Step Three. In computing work and working conditions of employees in the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, bargaining unit shall be subject to the following procedureprocedures outlined below: Step OneEither the Company or the Union or any employee (or Xxxxxxx, Chief Xxxxxxx or Business Representative in his/her behalf) may file grievances. Grievances of the Company or Union shall be presented directly to the other in writing. Grievances of the employees shall be reduced to writing on grievance forms provided by the Union. All answers by the Company shall likewise be in writing. Grievances will be handled as follows: An employee having a grievance The employee, his/her Xxxxxxx or both, shall present it orally the matter in dispute for settlement to his/her immediate supervisor Supervisor. If the Supervisor's decision is not satisfactory or any appropriate Library manageris not given within three (3) working days, Step 2 will be followed. The employee may Such grievance shall then be accompanied presented by his/her the Chief Xxxxxxx if they so desirewithin three (3) working days after the Supervisor's unsatisfactory decision or failure to give a decision, whichever is applicable, to the Department Head. The immediate supervisor If the Department Head's decision is not satisfactory or manager is not given within three (3) working days, Step 3 will be followed. Such grievance shall then be presented by the Business Representative of the Union within five (5) working days from receipt of the Department Head's unsatisfactory decision or failure to give a decision, whichever is applicable, to the Human Resources Director who shall give his/her answer not later than five (5) working days after the presentation of the grievance to him/her. If the employee decision of the Human Resources Director is not satisfactory, such grievance will be discussed by the Business Manager of the Union and the Human Resources Director within five (5) working days after presentation. If receipt by the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days Business Manager of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle unsatisfactory answer by the grievance with the Library Human Resources Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilizedthe Company and the Union are unable to settle any grievance under the procedures outlined above, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate grievance shall be in writingfurther processed.

Appears in 1 contract

Samples: Agreement (Wells Gardner Electronics Corp)

GRIEVANCE PROCEDURE. 5.1 A Any grievance shall be defined as an alleged violationor dispute which may arise between the parties, misinterpretation 5 involving the application, meaning or misapplication of any provision interpretation of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject settled in the 6 following manner except that probationary employees shall have no right to appeal discipline or 7 discharge under this grievance procedure: 8 Step I: After first attempting to resolve the grievance informally through the 9 exempt chain of command any employee or the Association may present in writing such 10 grievance to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the EmployerCorrections Chief Deputy, with a copy to the UnionHuman Resources, within ten fifteen (1015) 11 working days of the alleged contractual violation; if, at the time of the alleged violation, the 12 employee or his or her representative is unaware of its occurrence, a grievance may be 13 presented in writing within fifteen (15) working days of the time the employee first has 14 knowledge or should have had knowledge of its occurrence. A grievance may not be initiated 15 concerning an event upon after sixty (60) days have elapsed; however, in no way is this provision to 16 be interpreted as affecting the pursuance of grievances which it are of a continuing nature (i.e., 17 the breach continues and is basednot a single isolated incident). The employee and Union Xxxxxxx grievance notice shall attempt to settle include a 18 statement of the grievance with and relevant facts, applicable provisions of the Library Directorcontract, and 19 remedies sought. The Library Director applicable Chief Deputy or his/his or her designee shall give his/her written answer then attempt to 20 adjust the matter and respond, in writing, to the employee and Union xxxxxxx or his or her representative within ten 21 fifteen (1015) working days days. 22 For the purposes of this meetinggrievance procedure, "working days" shall be 23 defined as Monday through Friday, excluding recognized holidays under the County 24 Management Compensation plan. 25 Step II: If the grievance is has not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working daysbeen answered or resolved, it may be moved presented in 26 writing by the employee or his or her representative to the Sheriff or his designee(s) within 27 fifteen (15) working days after the response is due at Step Four I. The Sheriff, or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from his designee(s), 28 shall respond to the Michigan Employment Relations Commission employee or Federal Mediation and Conciliation Service. In the event mediation is utilizedhis or her representative, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.writing within fifteen (15) working

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violationany difference, misinterpretation dispute or misapplication complaint regarding the interpretation or application of any provision the terms of this Agreement. A grievance may be All grievances filed by an employee or shall contain a group concise statement of employeesthe facts alleged to support the grievance. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, Grievances shall be subject to processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement. Discipline and appeals of disciplinary action are not subjects covered by this grievance procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The aggrieved employee may be accompanied by his/her Xxxxxxx if they so desireshall file with the Deputy Chief (Major) a written statement explaining the grievance, the specific contract provision involved, the manner in which the contract has been violated and the remedy sought. The immediate supervisor or manager aggrieved employee shall give his/her answer to the employee within five (5) working days after presentation. If file the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is baseddate of the grievance, or when the employee obtains knowledge or should have obtained knowledge of its occurrence. The employee and Union Xxxxxxx Deputy Chief (Major) shall attempt to settle discuss the grievance with the Library Director. The Library Director or his/her designee employee and shall give his/her written answer reply to the employee and Union xxxxxxx employee, in writing, within ten three (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (103) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up meeting held with the Library employee. If, after receipt of the written decision of the Deputy Chief (Major), the grievance has not been satisfactorily resolved, the employee shall, within three (3) working days file a written appeal to the Chief of Police. Within five (5) working days the Chief will assemble a panel to hear the appeal. The panel will consist of the Human Resources Director, or his designee, and other such personnel who bring appropriate knowledge/skills to the meeting. The aggrieved employee has the right to take a FOP representative of Lodge #15 to this meeting. At such meeting, discussion shall be limited to the issues raised in the grievance and an xxxxxxx effort shall be made to arrive at a satisfactory resolution of the issue. Each party shall make notes of the substance of the issues and conclusions of the meeting. The Human Resources Director within ten and Chief of Police shall respond in writing five (105) working days of the Director’s conclusion of the hearing. If after receipt of the written answerdecision of the Human Resources Director and the Chief of Police, the grievance has not been satisfactorily resolved, or if they fail to agree the Lodge may appeal to an impartial arbitrator by writing to the Human Resources Director not later than thirty (30) days after the rendering of the decision or expiration of the time limit for the rendering of such decision. No appeal shall be considered unless signed by the President of the Lodge or his designee. The Library Director impartial arbitrator shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated selected by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation Lodge and Conciliation ServiceEmployer. In the event mediation they are unable to agree upon an impartial arbitrator within five (5) days after the request for arbitration is utilizedmade by either party, the time limits for arbitration impartial arbitrator shall commence upon be selected through and pursuant to the date of termination rules of the mediation procedureAmerican Arbitrator Association. The mediation is nonbindingparties agree that arbitrator provided by the AAA shall be a member of the National Academy of Arbitrators. The cost of the impartial arbitrator shall be borne by the losing party. The decision of the arbitrator shall be made within thirty (30) days of the closing of the hearing and shall be binding upon both parties. The arbitrator shall have access to all written statements and documents pertaining to the appeals in the grievance. Within thirty (30) days after the selection of the impartial arbitrator, the arbitrator shall hold a hearing in connection with the appeal. The employee may be represented by a representative of his choice. Hearings need not be conducted according to technical rules relating to evidence and witnesses: provided, however, that neither party shall be permitted to rely entirely on hearsay. Within thirty (30) days of the conclusion of the arbitrator’s hearing, he shall certify his findings which shall then be final. Matters which may be grieved shall be limited to disputes or misunderstandings which may arise between the parties concerning the application or interpretation of this Agreement. The Lodge shall be presumed to be the authorized representative of all members of the bargaining unit in grievance proceedings, unless an individually aggrieved employee, in writing, rejects its representation. Where the alleged grievance involves a matter of general application impacting on a significantly large number of employees, the Lodge may initiate a grievance on behalf of the entire group involved. The Lodge may raise the issue starting from Section B above. All notices of intent to mediate or arbitrate individuals in the group that will be affected by the grievance and its resolution shall be in writingbound to any resolution which is accepted by the Lodge Committee and shall not thereafter again raise the issue individually.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violationis any complaint, misinterpretation dispute, or misapplication of any provision of this Agreement. A grievance may be filed by controversy between an employee or the Union and the Employer relating to the inter- pretation, application, administration or alleged violation of this Agreement and any question as to whether a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, matter is The grievance procedure shall be subject as follows: Step An employee should first discuss his complaints with his immediate supervisor, and if not satisfactorily resolved, the employ- ee’s complaints relating to the following procedure: Step One: An interpretation, application, administration or alleged xxxxx- tion of this Agreement shall be reduced to writing by the employee having a grievance shall present or his Xxxxxxx or Committeeperson on the form provided for this purpose setting forth the facts giving rise to the grievance, the Agreement provisions which it orally is claimed were violated and the re- lief requested, and submitted to his/her the employ- ee’s immediate supervisor or any appropriate Library managerwithin five work- ing days after the occurrence of the facts giving rise to the grievance. The employee may be accompanied represented by his/her his Xxxxxxx if they so desireor at any meeting with the super- visor prior to his written decision. The immediate supervisor or manager shall give his/her answer to the employee within Within five (5) working days after presentation. the written grievance is submitted to him, the supervisor shall deliver his written decision to the Xxxxxxx or Step If the grievance is not resolved orally it may disposed of in Step 1 then a written notice of appeal on the form provided shall be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file delivered by the original with the Employer, with a copy Plant Committee Chairperson to the Union, Depart- ment Manager within ten (10) three working days of delivery of the event upon which it is basedsupervisor’s written deci- sion. The employee may be represented by the Plant Committee Chairperson and Union Xxxxxxx shall attempt to settle the grievance Stew- ard, if necessary, at any meeting with the Library Director. The Library Director or his/her designee Department Manager prior to his written deci- sion Within three working days after the appeal is submitted to him the Department Manager shall give his/her deliver his written answer decision to the employee and Union xxxxxxx within ten (10) working days of this meetingPlant Committee Chairperson. Step If the grievance is not satisfactorily settled disposed of in Step then a written notice of appeal on the form provided shall be delivered by the Plant Chairperson to the Vice-President, Manufacturing or in his absence the President, Human Resources, within ten (10) five working days of delivery of the Department Manager’s written answer decision, Within five working days after receipt of the notice of appeal by the Vice-President, Manufacturing or Vice-President, Human Resources, as the case may be, the members of the Plant Com- mittee shall meet with the Vice-President, Manufacturing and/or the Vice-President, Human Resources or his designate to attempt to resolve the grievance unless otherwise mutually agreed. If requested by either party, a National Representative of the Union, and/ or the Local President, shall attend the meet- ing. Within five working days following this meeting, the Vice-President, Manufacturing and/or the Vice-President, Human Resources, shall deliver his written decision to the Plant Committee Chairperson. Prior to any third stage grievance appeal, the Union may request the supervisor involved in the grievance be in attend- ance at the appeal hearing for purposes of inves- tigation Similarly the Company may request the presence of the Step If the grievance is not disposed of in Step then the Plant Committee Chair- - 1 2 - person may demand arbitration pursuant to paragraph of this Agreement. If any grievance involves more than three employees, the Plant Committee Chairper- son may present the grievance to the Vice-Presi- xxxx, Manufacturing or in his absence the President, Human Resources, by completing the form provided for grievances at Step 1 and deliv- ering it to the Vice-President, Manufacturing, and/ or in his absence, the Vice-President, Human Resources or his designate, within five work- ing days after the grievance arises. Thereafter, the procedure outlined in Steps 3 and 4 above shall be followed. Any time limitation specified in paragraphs and may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days extended by mutual agreement of the Director’s written answerparties set forth in writing only. The Library Director Any complaint or grievance not filed or not ap- pealed to the next step within the time permitted by this Agreement shall give his/her written answer within ten (10) daysbe considered settled on the basis of the last decision and shall not be subject to further consideration. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, fails to adhere to the time limits in this Article, then the grievance shall be deemed to be conceded. If arbitration is desired, the Plant Com- mittee Chairperson or a National of the Union shall deliver within ten working days after delivery of the decision in Step 3 of the grievance procedure, a written demand therefore to the Vice-President, Manufacturing, or in his absence, the President, Human Resources, identifying the grievance and the names of the Union’s choice for arbitration an Arbitrator. The Employer shall, within five work- ing days after receipt of the demand, advise the Union of the names of the employer’s choice for Arbitrator, The Union and the Employer shall, within five working days or at a time mutu- ally agreed upon, select an Arbitrator from the names submitted. If the parties fail to appoint an Arbitrator, within the time limited, the appointment shall commence be made by the Minis- ter of Labour for Ontario upon the date request of either party. The Arbitrator shall hear the griev- ance and shall issue an award which shall be final and binding upon the parties and upon any employee affected by it. No person may be appointed as an Arbitrator who has been involved in an at- tempt to negotiate or settle the grievance. The parties will jointly share the ex- penses, if any, of the Arbitrator. The Arbitrator shall not be to make any award inconsistent with the pro- visions of this Agreement or to alter, modify, or amend any part of this Agreement. No grievance may be submitted con- cerning the termination of the mediation procedureemployment, layoff or disciplining of a probationary employee. The mediation is nonbinding. All notices may be involved at any step of intent to mediate or arbitrate shall the grievance procedure and will be paid for any regular time lost in writingprocessing his grievance.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. 5.1 It is the intention of the parties to settle as equitably and as quickly as possible, any grievance which might arise related to a violation of this agreement. A formal grievance shall not be filed until the employee has presented complaint to immediate Supervisor verbally within working days after the employee might reasonably have become aware of circumstances giving rise to such grievance. The Supervisor will render decision on the complaint within working day. The employee may consult with the available xxxxxxx following the procedure outlined in above providingthe employeefirst obtains Supervisor's permission. A formal grievance to be recognized shall be reduced to writing on a form provided by the Company and presentedto the Supervisor concerned within three working days of the Supervisor's decision on the verbal complaint. Step The aggrieved employee shall present written grievance to immediate Supervisor at which time the employee shall have the assistance of a department xxxxxxx or if the department xxxxxxx is absent, the assistance of an available xxxxxxx or an officer of the Union. The Supervisor shall render disposition to the grievance in writing within three working days. If a settlement satisfactory to the employee is not reached, the employee may then proceed to the next Step of the grievance procedure any time within three working days thereafter. Step The aggrieved employee shall present written grievance to the Human Resources Manager and at that time the xxxxxxx shall be present. The Human Resources Manager's decision shall be rendered in writing, within three working days of such meeting, and failing satisfactory settlement, the employee may proceed to the next Step within three working days thereafter. Step The aggrieved employee shall present grievance to the Plant Manager, or designee. Within five working days of receipt of the grievance, the Plant Manager and whoever deems necessary to assist in the disposition of the grievance will meet with the employee concerned together with the Union President or designee and a representative of the International Union and a Xxxxxxx if their presence is requested by either party. The Plant Manager, or designee, will render a disposition in writing to the grievance within seven working days subsequent to such meeting. Failing satisfactory settlement, the grievance may be referred by either party to a Board of Arbitration, in writing, as provided in Article at any time within twenty-one days thereafter. If a grievance is not processed or referred to arbitration within the time limits set forth above, it will be deemed to have been withdrawn. All time limits may be extended by mutual agreement. A group grievance is defined as one alleging a violation of the agreement and which concerns more than one employee of the Bargaining Unit. Such a grievance should be presented to the Supervisor verbally at any time within three working days after the circumstances giving rise to such grievance occurred or when such employees might reasonably become aware of the occurrence. The Supervisor will respond verbally to the grievance within one working day and failing satisfactory resolution of the grievance it may be brought forward in writing at Step of the Grievance Procedure within three working days after the Supervisor has rendered decision. Such grievance will be processed through the balance of the Grievance Procedure and to Arbitration in the same way as an individual grievance. The names of the aggrieved employees shall be attached to the written grievance at the time it is filed with the Company as set forth above. Should any difference arise between the Company and the Union as to the interpretation or alleged violation of the provisions of this agreement affecting the Union as such, the Union President or designee shall have the right to bring forward to the Plant Manager or designee any such complaint. If such complaint is not settled to the mutual satisfaction of the conferring parties, it may be treated as a Third Step grievance and referred to arbitration in the same way as the grievance of an employee. No such grievance shall be defined as filed with respect to the same subject matter that is already the subject of a grievance filed by an alleged violation, misinterpretation or misapplication of employee under Section nor shall any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject with respect to the following procedure: Step One: An employee having same subject matter that is already the subject of a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied filed by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingunder this section.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed Any by an employee arisingfrom the interpretation, administration or a group alleged violation of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, this anyquestion as defined above, to whether shall be subject to the following proceduretaken up as follows: Step One: ve An employee having a grievance should immediately present in writing to his departmental xxxxxxx and shall present it orally to his/her immediate supervisor or any appropriate Library managerha e assistance of his departmental xxxxxxx in the of his grievance if he so desires. The shall be presented in a private meeting of such an employee, or in the event an employee may designates his xxxxxxx to represent him, an employee's xxxxxxx and his xxxxxxx with a view to resolving the to the satisfaction. This meeting will exclude Union and any other Company when the lodges his grievance person- ally. meetingwillexclude the and any other Union or representative when the complaint is lodged by the xxxxxxx. Theforeman shall, within three full workingdays or other such mutually agreed time from receipt of the grievance, give an answer in writing, and copies of the answershall be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer given to the employee within five (5) working days after presentationpresenting the grievance, the Grievance Committee and the Plant Manager or designated representative; If the grievance is settled to the satisfaction of employee concerned, theresolution of the grievanceisdeemed to be made without prejudice and will not have a precedent setting effect on the parties who are bound by this Collective Agreement. Step If the grievance is not resolved orally settled to the satisfactionof the employee concerned, it may shall be moved referred to Step Twothe Plant Manager or his designated representative and to the Grievance Committee within working days or other such mutually agreed time from the date of the xxxxxxx’x reply. Step Two: The employee having Plant Manager or his designated representative shall hear the grievance in a grievance shall reduce it to writing and file the original meeting with the Employerand the Grievance Committee within working days or other such mutually agreed time, with a copy from his receipt of the grievance. An answer shall be given to the UnionGrievance Committeein writing within five full working days, other such mutually agreed time, from the date of such meeting; Step If thegrievanceis not settled to the satisfactionof theemployee concerned, it shall be referred to the President of the Company, or his within ten (10) working days timefrom of Manager’s (or his designate’s) reply. The President or his designated representative will review the event upon which Grievance and an answer shall be given in writing within five full working days, or other such mutually agreed time, to the Grievance Committee; If it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is still not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working dayssatisfactorily, it may be moved referred to Step Four arbitration as outlined in Article and the decision of the Board of Arbitration shall be final and binding on both parties; Grievances shall be stated on grievance forms as sup- plied by the Union, and shall be made out in triplicate. is understood and agreed that if a grievance is not lodged orprogressed to the next step in the time frame outlined above, including a mutually agreed date, then the grievance is deemed to be abandoned and not arbitrable. Conversely, if a reply late at any step, including a mutually agreed date, then the succeeds in favour of the grieving ARTICLE Company Grievances It is that the Company may bring forward, at any meeting held with the employees' Grievance Commit- tee, complaint consistent within the provisions of the with respect to the conduct of the Union, its members, or Step Fivestewards, if such by the Company is not settledto the mutual satisfac- tion the conferring parties, it may treated as a grievance and referred to arbitration in the same way as the grievance of an employee. Step Four: Mediation ARTICLE Policy Grievance An allegation by the Grievance Committee that this has been violated or misinterpreted by the Com- pany shall be described as a policy grievance and may be initiated filed by Grievance Committee at the third step of the Grievance which the alleged instance of violation or occurred. Such policy grievance shall state what article (or was (were) allegedly violated. It is agreed that the foregoing shall not be used to the regular Grievance Procedure, if the issue could have the subject of a grievance of an employee. ARTICLE Arbitration Any grievance which cannot be resolved between the Company and the Union, shall be submittedto arbitration, and arbitrationmustbemadewithinfifteen(15) days of the receipt of the answer under Step of Article or the grievance shall be abandoned. When either party utilizing requests that a mediator from grievance be submittedto arbitration, they make suchrequest in writing, addressed to the Michigan Employment Relations Commission or Federal Mediation and Conciliation Serviceotherparty to this Agreement. In the event mediation is utilizedWithin five working days thereafter, the time limits for arbitration two parties shall commence select by agreement an Arbitrator. No person may be selected as an Arbitrator who has involvedin an attempt to negotiate or settle the grievance. Theparties willjointly bear the expenses of the Arbitra- tor, if any. The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of the Agreement or to alter, or amend any part of this Agreement. The proceedings of the Arbitration hearing will be expedited by the parties hereto, and the decision of the Arbitra- tor will be final and binding upon the date of termination parties hereto. At any stage of the mediation procedureGrievance Procedure, including arbitration, the parties may have the assistance of the employee or employees concerned and any necessary with thepermission of ablearrangementswill to permit the to have access to the plant to view disputed operations and to confer with the necessary witnesses. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall Such permission, how- ever, will not be in writingunreasonably withheld.

Appears in 1 contract

Samples: Letter of Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance It is the mutual desire of the parties hereto that complaints of employees shall be defined adjusted as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by quickly as possible and it is generally understood that an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits belowhas no grievance until he has first given to his Xxxxxxx an opportunity to adjust his complaint, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, that such complaint shall be subject registered within fifteen working days of the alleged circumstances coming to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerknowledge of the employee. The employee may Xxxxxxx'x reply shall be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer given to the employee within five (5) three full working days after presentationdays. If the grievance such complaint is not resolved orally settled satisfactorily, it may be moved taken up as a grievance within three full working days of the reply referred to in A written record of the grievance on a standard form to be supplied by the Union shall be signed and submitted by the employee to his Xxxxxxx. Step No. 1 Within five full working days of receipt of the written grievance, a conference shall take place between the aggrieved employee, who shall be accompanied by the Union Xxxxxxx, and the Xxxxxxx. The employee's Xxxxxxx or his designee shall give his written decision to the Union Xxxxxxx within three full working days following the meeting, indicating the date and the Company's response to the grievance. Failing settlement, the Union shall, within not more than three full working days, notify the Company of its intent to proceed to Step TwoNo. Step Two: No. 2 Within five full working days of the notice of intent to proceed to Step No. a conference shall be held between the aggrieved employee, the Grievance committee and the Manager and/or other representatives of the Company. A representative of the Union will attend if requested by either party. Management shall give its written decision to the Chief Xxxxxxx within five full working days of such conference, indicating the date and the Company's response to the grievance. Step No. 3 Failing a settlement under Step No. 2 (or of any matter properly submitted at Step pursuant to this Article regarding any difference between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is such difference or unresolved question may be submitted to arbitration, as provided in Article within working days. Saturdays, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each of the steps of the Grievance Procedure or under Article The time limits and other procedural requirements set out in Articles 9 and are mandatory and not merely directory. Any and all time limits fixed by this Article and Article X may at any time be extended by written agreement between the Company and the Union. All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee having or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his Xxxxxxx who shall, if a grievance shall reduce it is to writing and be filed, file the original such written grievance with the EmployerCompany within eight working days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the Second Step. Notice of dismissal or suspension and the reason shall be given in writing with a copy to the UnionUnion on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, within ten (10) working days he shall be reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration procedure, or such other settlement as is deemed to be just and equitable. It is understood that in the case of any general allegation by the Union that the Company has violated this Agreement in such a manner that an individual employee could not rightly process the grievance under this Article IX, the Union may present such allegation to the Company at the Second Step level of the event upon which it is basedGrievance Procedure. The An employee and Union Xxxxxxx who receives a written reprimand from the Company shall attempt to settle the grievance with the Library Directorhave such reprimand removed from his record after a period of twelve months provided that during such period he has not received other related written reprimands. The Library Director or his/her designee An employee who receives a suspension shall give his/her have such suspension removed from his record after a period of eighteen months, provided that during such period he has not received other related disciplinary action. A copy of written answer disciplinary action will be provided to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writinglocal union.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A Prior to a written grievance shall being submitted, any dispute will be defined as an alleged violationdiscussed: By the employee and his supervisor; By the employee, misinterpretation or misapplication of any provision Union Rep., Plant Superintendent, and the employees supervisor. In the application of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing provision, the time limits below, Saturday, Sunday described in the grievance procedure will be applicable at the point a decision is made. STEP ONE The employee and Holidays are excluded. All unsettled grievances, as defined above, appropriate Union Xxxxxxx or Committeeman shall be subject present the grievance in writing to the following procedure: Step One: An employee having a Xxxxxxx within five (5) days of the facts giving rise to the grievance shall present it orally becoming known to his/her immediate supervisor or any appropriate Library managerthe employee. The Company has the burden of proof as to whether the employee knew or should have known of said facts. The Xxxxxxx will reply to the grievance in writing within two (2) working days. STEP TWO Within seven (7) days of presenting the written grievance to the Xxxxxxx the Union may proceed with the grievance by presenting it to the Manager or Superintendent in charge of the department. Said person shall arrange a meeting between himself, the Plant Chairman and the Committee Person involved, or their designates, within three (3) days to discuss the grievance. The griever may be accompanied by his/her Xxxxxxx if they so desirepresent as may other members of Management. Following the meeting the Company shall give a written reply to the grievance within (3) working days. STEP THREE Within ten (10) days of the receipt of the reply to the grievance at step two the Union may present the written grievance to the Human Resources Manager. The immediate supervisor Human Resources Manager will then arrange a meeting with the Committee, Union National Representative and or manager shall give his/her answer to the employee Local Union President within five (5) working days after presentationdays. If The griever may be present at the meeting. Following the meeting the Company shall give a written reply to the grievance is not resolved orally it may be moved within three (3) working days to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, Committee with a copy to the UnionNational Representative. The Union may proceed to arbitration with any grievance that has gone through the grievance procedure and remains unsettled. Notice of arbitration shall be given, in writing, by the Union National Representative, the Local Union President or the Plant Chairperson to the Human Resources Manager within twenty-three (23) days following the receipt of the reply to the grievance at step three. A policy grievance may start at step two within ten (10) working days of the event upon which or facts in question. When the Company suspends, discharges or disciplines an employee involving lost time, it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer will issue a notice to the employee stating the reasons (who, when, why, what and Union where). The affected employees will be given the opportunity to meet with one Committeeman or xxxxxxx within ten (10) working days of this meetingand the Committee before the affected employee leaves the plant. If it is necessary to call the grievance is affected employee a Committeeman to the Plant for a meeting they will be paid by the Company at the regular rate (Article Sections And do not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilizeddisciplining an employee, the time limits for arbitration shall commence upon Company will not consider anything adverse appearing in an employee’s record more than one (1) year previously, nor will it discipline on the basis of a falsification of an employment application after a period of one year from the date of termination of the mediation procedurehire. The mediation is nonbinding. All notices Company will not discipline an employee for falsification of intent to mediate or arbitrate shall be in writingmedical information submitted with the application for employment information submitted with the application for employment after a period of one (1) year from the date of hire.

Appears in 1 contract

Samples: Unit

GRIEVANCE PROCEDURE. 5.1 7.01 A grievance shall be is defined as an any difference between the parties arising out of the interpretation, application, administration, or alleged violation, misinterpretation or misapplication of any provision violation of this Agreementagreement. A grievance may be filed by an employee The employee, with or without a group of employees. Group grievances may be initiated Xxxxxxx (at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined aboveemployee’s option), shall be subject to the following procedure: Step One: An employee having first notify her Supervisor concerning a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee complaint within five (5) working days after presentationof the occurrence of the complaint. If the grievance complaint is not resolved orally it may be moved to settled within five (5) days at this Step, then: Step Two. Step TwoOne: The employee having complaint shall become a grievance shall reduce it and be reduced to writing and file the original with the Employer, with a copy to the Union, within ten three (103) working days of the event upon which it is basedEmployer’s response at the complaint stage, signed by the employee (grievor) and a Xxxxxxx and shall be presented to the designated Facility Manager by a Xxxxxxx. The employee and Union Xxxxxxx Facility Manager shall attempt convene a meeting within seven (7) days to settle discuss the grievance with the Library Directorgrievance. The Library Director or his/her designee shall give his/her written answer to the employee Supervisor, Facility Manager, grievor, and Union xxxxxxx within ten (10) working days of one Xxxxxxx, may be present at this meeting. If the grievance is not satisfactorily settled at the meeting, the Employer will provide a formal written response to the grievance within ten seven (107) working days of the written answer it may be moved to meeting. If the grievance is not settled at this step, then: Step Three. Step ThreeTwo: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten Within five (105) working days of the DirectorEmployer’s written answerresponse in Step One, the Union shall request that a meeting between the Union and the Employer be convened. The Library Director meeting shall give his/her written answer be convened within ten fourteen (1014) daysdays of such request or other mutually agreed to time to discuss the grievance. The Supervisor, Regional Manager, Facility Manager, grievor, one Xxxxxxx, and a Union Representative may be present at this meeting. If satisfactory settlement the grievance is not reached settled at this meeting the Employer shall present its formal response to the Union in twenty writing within five (205) working daysdays of the meeting. If the grievance is not settled at this step, either party may refer the grievance to arbitration under Article 8 within fourteen (14) days of the Employer’s formal written response. When the Employer has a grievance, it may be moved shall forward it to Step Four or Step Fivethe Union, in writing, within eight (8) days of the occurrence of the grievance. Step Four: Mediation may be initiated by either party utilizing a mediator from The Union shall make itself available to meet with the Michigan Employment Relations Commission or Federal Mediation and Conciliation ServiceEmployer to discuss the grievance within fourteen (14) days of receipt of the Employer grievance. In If the event mediation grievance is utilizednot settled within seven (7) days following this discussion, the time limits Employer may submit the matter to arbitration for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingfinal resolution under Article 8.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A The Company and the Union encourage all employees to discuss and fully disclose to their supervisor any problem or complaint in an effort to resolve such prob- lem or complaint before resorting to the grievance pro- cedure. Should a grievance occur, all parties involved shall be defined as make an alleged violation, misinterpretation or misapplication xxxxxxx effort to ascertain the facts and seek a fair and equitable settlement through the use of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a . It is understood and agreed that the grievance shall present it orally to his/her immediate supervisor procedure will not be burdened with insignificant matters or any appropriate Library managercases unsupported by facts or common sense. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee Complaints not raised within five (5) working days after presentationof the alleged violation shall be deemed abandoned and not entitled to consideration thereafter, unless the were not aware of the facts leading to the griev- ance. Step Any employee having a complaint shall first take the matter up with supervisor. If the grievance complaint is not satisfactorily resolved orally it may be moved to Step Two. Step Two: The employee having a within twenty-four (24) hours, the xxxxxxx will then submit the grievance shall reduce it to in writing and file the original with the Employer, with a copy to the Union, supervisor. The supervisor shall give deci- sion in writing to the xxxxxxx within ten three (103) working days of the event upon which it is basedreceipt of the grievance. The employee and Step Should the Union Xxxxxxx shall attempt to settle be dissatisfied with the supervisor's decision the Union may refer the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx Unit Manager, who shall meet within ten three (103) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer request for such meeting with the Committeeperson. The shall give decision in writing to the committeeperson within three (3) days of the meeting. Step If management's decision is not satisfactory to the Union, it may be moved referred to Step Three. Step Three: The Xxxxxxxan arbitrator, employee and the Union Representative, shall take the matter up with the Library Director within provided writ- ten (10) working days notice of the Director’s written answer. The Library Director shall give his/her written answer Union's intention to refer the dispute to an arbitrator is given to management within ten (10) days. If satisfactory settlement is not reached in twenty (20) working daysdays after management's decision. In matters concerning discharge or suspension, it the grievance may be moved lodged in writing through the Committeeperson to Step Four or Step Fivethe Department manager within two (2) working days after the receipt of the grievance. Step Four: Mediation may be initiated by either party utilizing a mediator from If the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In decision is not satisfactory to the event mediation is utilizedUnion, the time limits for arbitration shall commence upon the date of termination Plant Chairperson may then proceed on giving of the mediation procedurepre- scribed notice of appeal to an impartial arbitrator select- ed as herein provided. The mediation is nonbindingterm working days when used in this Agreement for grievance procedure, shall exclude Saturdays, Sundays, holidays and vacations as defined herein. All notices The grievance procedure outlined in this Agreement shall apply equally to a grievance lodged by a group of intent employees, or to mediate or arbitrate shall be in writinga Union policy grievance.

Appears in 1 contract

Samples: sp.ltc.gov.on.ca

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined Should any differences arise between the Corporation and an employee as an to the interpretation or alleged violation, misinterpretation or misapplication violation of any provision the provisions of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, they shall be subject to taken up in the following proceduremanner: Step One: An The employee having a grievance shall present it orally to his/first discuss the complaint with her immediate supervisor or any appropriate Library manager. The employee and may be accompanied by his/have her Xxxxxxx Committee woman present if they she so desiredesires. The immediate supervisor or manager shall give his/her answer a verbal reply to the employee within two (2) working days. If the complaint is not resolved, it shall be reduced to writing, signed by the employee and a Committee woman, and forwarded by the Committee woman to the Employee’s Department Head within two (2) working days after receipt of the verbal reply in Step The employee‘s Department Head shall, within two (2) working days, give her decision in writing to the Committee woman. If the grievance is not adjusted to the satisfaction of the Union by the Department Head, within two (2) working days from the receipt of the Department Head’s written response, an appeal may be lodged by the Committee woman to the Vice-president of Employee Services. The Vice-president of Employee Services shall give her reply in writing to the Committee woman not later than two (2) working days following receipt of the written grievance. Step If the grievance is not adjusted to the satisfaction of the Union by the Vice-president of Employee Services, an appeal may be lodged by the Committee woman to the Corporation’s President within five (5) working days after presentationof the receipt of the Vice-president of Employee Services‘ written response. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, within ten Within five (105) working days from receipt of the event upon which it is basedappeal, the President and/or his will meet with the Union Administrative Committee to discuss the grievance. The employee and Union Xxxxxxx President shall attempt give his written decision to settle the grievance Committee Chairperson not later than three (3) working days following the meeting with the Library DirectorCommittee. The Library Director or his/her designee An employee covered by this Agreement who has completed the probationary period and who claims that she has been unjustly discharged shall give his/her have a reasonable opportunity to discuss such claim with the Union Administrative Committee, in private, before leaving the premises of the Corporation, and any such claim shall be processed as a grievance if a written answer to statement of such grievance is lodged by the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days signed by a Committee Woman at Step of the written answer it may be moved to Step ThreeGrievance Procedure. Step Three: The Xxxxxxx, employee Where differences arise between the Corporation and the Union Representativeconcerning the interpretation or violation of this Agreement which may be considered as policy matters, the difference between the parties shall take be reduced to writing by the matter up Union and dealt with commencing at Step of the Library Director Grievance procedure herein and if necessary shall proceed in the same manner as the grievance of an employee to arbitration. Any grievance by the Union as provided in this paragraph shall be commenced within ten (10) working days of after the Director’s circumstances giving rise to the complaint having occurred. A grievance form shall contain only one grievance. A written answer. The Library Director grievance shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing contain a mediator from clear and concise statement concerning the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilizedalleged grievance, the time limits for arbitration shall commence upon persons involved, the date of termination of on which the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingalleged grievance occurred and the relief sought.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A During the term of this Agreement, any difference concerning the dismissal, discipline or suspension of an employee or the interpretation, application, operation or any alleged violation of this Agreement, including any question as to whether any matter is arbitral, shall without stoppage of work, be the subject of collective bargaining between the Union and the Employer and shall be finally and conclusively settled under and by the following procedure. All disciplinary letters or notes that are destined to be placed on the employee's personnel file for future reference must be copied to the Union President in addition to the applicable Manager, Human Resources. In the first instance, within (30) calendar days of the date on which the incident giving rise to the grievance occurred or of the date when the employee or Union became aware of the incident, whichever is later, the grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject submitted in writing to the following procedure: Step One: An employee having a Department Head concerned, and if the alleged grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee is not settled within five (5) working days after presentation. If days, the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a letter of grievance shall reduce it be referred to writing and file the original Union's grievance committee. The grievance shall be brought before the Union's Grievance Committee, who in will meet with the Employer's Committee within five (5) days of the presentation of the grievance, with and make every effort to settle the matter. Should no settlement be reached within five (5) full working days, the grievance shall be referred to a copy Board of Arbitration. The Board of Arbitration shall consist of one nominee appointed by the Employer and one appointed by the Union. These two nominees shall name a third member who shall be Chairman within three days. Should the nominees of the respective parties fail to select a Chairman, then either party to the Union, within Agreement may apply to the Minister of Labour for the Province of British Columbia to appoint such third member. The expenses and compensation to the arbi- trators shall be borne by the respective parties. The expenses and compensation for the Chairman shall be borne equally between the parties. Within ten (10) working days following its initial meeting, the Board of the event upon which it is basedArbitration shall reach a decision and its findings made known. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate majority decision shall be in writing.final and binding on the parties. Wrongful Dismissal Where an Arbitration Board that an employee has been dismissed, suspended or otherwise disciplined for other than proper cause, such Arbitration Board may:

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision (a) For the purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable. A grievance may Grievances shall be filed by an employee processed in the following manner: STEP ONE: The employee, with or without a group of employees. Group grievances may be initiated Shop Xxxxxxx or Union Committee member (at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined aboveemployee's option), shall be subject to first discuss the following procedure: Step One: An employee having a grievance shall present it orally to with his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to department head within seven (7) calendar days of the employee within five (5) working days after presentationoccurrence of the grievance. If the grievance is not resolved orally it may be moved to Step Two. Step Twosettled at this step, then: STEP TWO: The employee having a grievance shall reduce it be reduced to writing writing, signed by the employee and file the original with the Employer, with a copy Shop Xxxxxxx or Union Committee member and shall be presented to the Unionimmediate supervisor or the department head by a Shop Xxxxxxx or a Union Committee member, within ten who shall discuss the grievance. Within seven (107) working calendar days of receipt of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle written grievance, the grievance with supervisor or the Library Director. The Library Director or his/her designee department head shall give his/her written answer reply. If the grievance is not settled at this step, then: STEP THREE: The Union Committee and the Committee on Labour Relations, or its delegate, shall meet within twenty-one (21) days or other mutually agreed to time to discuss the grievance. At this step of the grievance procedure, each party shall provide to the employee other a statement of facts and copies of all relevant documents. The findings or decisions of the Committee on Labour Relations shall be presented to the Union xxxxxxx in writing within ten seven (107) working calendar days of this the meeting. If the grievance is not satisfactorily settled at this step, either party may refer the grievance to arbitration under Article 9 within ten thirty (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (1030) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved The Employer agrees that their representatives at the Step 3 meeting have the authority to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from resolve the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writinggrievance.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A. A grievance shall be is defined as an alleged violation, misinterpretation or misapplication any allegation by a member of any the bargaining unit that a specific provision of this Agreementagreement has been violated, misinterpreted or misapplied. A If a grievance may arises, there shall be filed by an employee no work stoppage, slowdown or a group other concerted activity because of employees. Group grievances may be initiated at the grievance procedure set forth below: Step Three. In computing One Within fifteen (15) working days of the time limits belowthe grievance arises, Saturdaythe grievant or the association may present the grievance, Sunday and Holidays are excluded. All unsettled grievancesin writing, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance grievant’s immediate director. Within the first five (5) working days of this fifteen (15) day time period, the grievant shall present it orally to meet with his/her immediate supervisor or any appropriate Library manager. The employee director and may choose to be accompanied by his/her Xxxxxxx if they so desirea union representative to discuss the issue and identify this issue as a potential grievance, and to attempt possible resolution. The immediate supervisor or manager If the grievance is not resolved, and a written grievance is filed, the director shall give his/her answer to the employee respond within five (5) working days after presentationof the receipt of the written grievance. STEP TWO If the grievance is not resolved orally it at Step One, the employee or the association representative may be moved within five (5) working days of receipt of the director’s written response, submit to the superintendent or his designee, the answer at Step One with the original grievance statement. The superintendent or his designee shall respond, in writing, to the employee no later than five (5) working days after receipt thereof. Step Three If the grievance is not resolved to the grievant’s satisfaction in Step Two. Step Two: The employee having a grievance shall reduce it to writing and file , the original with the Employer, with a copy to the Union, grievant may request mediation within ten (10) working days of the event upon which it is basedsuperintendent’s decision. If the superintendent agrees to mediation, then the parties will jointly contact the Federal Mediation and Conciliation Service (FMCS). The employee mediator will be assigned by the Federal Mediation and Union Xxxxxxx shall attempt to settle the grievance with the Library DirectorConciliation Service (FMCS). The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. Step Four If the grievance is not satisfactorily settled resolved at Step Three, the grievant may submit the grievance to arbitration within ten thirty (1030) working days of the written answer it may be moved to superintendent’s decision in Step ThreeTwo. Step Three: The Xxxxxxx, employee Selection of an arbitrator and the Union Representative, shall take the matter up with the Library Director within ten (10) working days conduct of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate any hearing shall be in writingaccordance with the Voluntary Labor Arbitration Rules of the Federal Mediation Conciliation Service (FMCS). If mutual selection of an arbitrator is not achieved from the first panel of names submitted to the parties by the Federal Mediation Conciliation Service (FMCS) either party shall request a second panel of names. The arbitrator shall have no authority to modify the terms of this agreement and the award shall be binding upon the parties. The cost of arbitration shall be borne equally by the board and the association, and every reasonable effort shall be made to schedule hearings so as not to interfere with the assigned duties of members of the bargaining unit.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he has first given his immediate management supervisor an opportunity to adjust his complaint. If an employee has a complaint he shall discuss it with his immediate management supervisor within three days after the employee would reasonably be expected to have become aware of the circumstances giving rise to the complaint. The immediate management supervisor shall be allowed three (3) days to seek information and advice and to communicate his answer to the complainant. If the complaint is not settled to the satisfaction of the employee concerned, the following steps of the grievance procedure may be invoked in order: Step One Within three (3) days of the reply of the immediate management supervisor, the employee may present his alleged grievance in writing on a form acceptable to the University to his immediate management supervisor. Each written grievance shall be defined as an alleged violationsigned by the and shall include: the date of presentation, misinterpretation the nature of the grievance, the remedy sought, the paragraph or misapplication of any provision paragraphs of this Agreement. A grievance may be filed by an employee Agreement alleged to have been violated or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject alleged occurrence said to have caused the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managergrievance. The employee may be accompanied assisted in the preparation and presentation of his grievance by his/her Xxxxxxx if they so desirehis representative. The Failing an immediate settlement, the immediate management supervisor or manager shall give his/her answer deliver his decision in writing to the employee and his representative within three (3) days following the presentation of the written grievance to him. Step Two If not settled at Step One, the together with his representative or the Association President may, within five days of the reply at Step One, present the grievance writing to the Director of Services or their nominee with a notice of a desire to meet with them. The Director, or his nominee, shall meet with the his representative or the Association President within five (5) working days after presentationof the receipt of such notice and shall give his reply in writing within five (5) days following the meeting. Step Three If not settled at Step TWO, the together with up to three (3) of the Committee members recognized in clause may, within five (5) days of the reply at Step Two, present the grievance in writing to the Assistant President, Human Resources with a notice of a desire to meet with him. The Assistant Vice-president, Human Resources shall meet with the Committee within five (5) days of the receipt of such notice and shall give his reply in writing within five (5) days following the meeting. Step Four If the and the Association Committee are not satisfied with the decision of the Assistant President, Human Resources they may, within five (5) days of such decision demand in writing that the matter be taken to arbitration in accordance with the procedure provided in this Agreement. The time limits prescribed in Article (Grievance Procedure), Article Cases) and Article (Arbitration) may be extended by mutual agreement of the parties in writing. If the grievance is time limits or any mutually agreed upon extension are not resolved orally it may be moved to Step Two. Step Two: The employee having a observed by employees or the Association, the grievance shall reduce it to writing be considered as abandoned and file the original with the Employer, with a copy to the Union, within ten (10) working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meetingmay not be re-opened. If the time limits or any mutually agreed upon extension are not observed by the University, the grievance is not satisfactorily settled within ten (10) working days will be considered as advanced to the next stage of the written answer it grievance procedure. Any difference arising directly between the Association and the University (other than collective agreement renewal' discussions or a matter affecting individual employees) may be moved to introduced in writing at Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days Three of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation grievance procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A The grievance procedure established herein shall be defined as an alleged violationused for the purpose of orderly negotiation between the parties concerning all claims or disputes contained in this agreement, misinterpretation or misapplication of any provision subject to collective bargaining between the parties, during the term of this Agreement. A grievance may be filed by The failure of an employee or the Union to act on any grievance within the prescribed time limits shall constitute a group waiver of employeesthe alleged grievance and will act as a bar to further appeal of the alleged grievance. Group grievances The employer’s failure to give a decision within the prescribed time limits shall permit the grievant to proceed to the next step. The time limits may be initiated at extended by mutual agreement. Step Three. In computing One Within (5) working days after the time limits belowoccurrence or knowledge of the situation, Saturdaycondition, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject or action of management giving rise to the following procedure: grievance, the aggrieved shall make it known it writing to the Support Services Director/Director of Food Service. Within five (5) days, the Director may call a meeting of the parties involved, and shall sit down to discuss the situation in a location away from a stream of traffic and routine place of work. The aggrieved shall clearly state that he/she is pursuing settlement of a grievance. One member of the Executive Council may be present, at all stages. After the Director has been properly and thoroughly informed of the grievance, he/she will have (5) working days to respond to the grievance. Step One: An employee having Two If the grievance is not resolved within (5) working days after informing the Director at the Step I meeting, the aggrieved may present a written grievance shall present it orally to the Business Administrator or his/her immediate supervisor or any appropriate Library managerdesignee. The employee may Business Administrator shall then have (5) five working days to render a decision in writing to the grievant. Step Three If the grievance is not resolved satisfactory at Step II, it shall be accompanied reviewed by his/her Xxxxxxx the Union to determine if they so desirethere shall be a third step of impartial binding arbitration. If a demand for arbitration is not filed within twenty (20) working days of the Step II reply then the grievance will be deemed settled on the basis of the Step II answer. Grievances which have been proceeded through Step II of this procedure and only such grievances shall be submitted to arbitration as provided below: The Union shall submit, in writing, a request to enter into such arbitration. The immediate supervisor or manager arbitration proceedings shall give his/her answer be conducted by the arbitrator to be selected by the employee two parties within five (5) working days after presentationsaid notice is given. If the grievance is not resolved orally it may two parties fail to reach agreement on an arbitrator within five (5) working days, the Public Employment Relations Board shall be moved requested to Step Twoprovide a panel of five (5) arbitrators. Step Two: This request shall be in the form of a written communication from the grievant or the Union which shall serve as a joint request. The employee having a grievance parties shall reduce it determine by coin toss which party shall have the right to writing and file remove the original with the Employer, with a copy to the Union, first name shall do so within ten two (102) working days and the other party shall have one (1) additional working day to remove one of the event upon which it is basedremaining names. Each party shall alternately strike one name. The employee and Union Xxxxxxx person whose name remains shall attempt to settle be the grievance with the Library Directorarbitrator. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days decision of the written answer it may arbitrator shall be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director submitted in writing within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from days following the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination close of the mediation procedurehearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The mediation is nonbinding. All notices decision of intent to mediate or arbitrate the arbitrator shall be in writing.binding on the parties. The arbitrator shall have no power to alter, change, detract from or add to the provisions of this Agreement, but shall have power only to apply and interpret the provisions of this agreement to the settlement of grievances arising hereunder. The cost for the services of the arbitrator, including per diem expenses if any, and actual and necessary travel, subsistence expenses, and the cost of the hearing room shall be borne equally by the Board and the Union. Any other expenses incurred shall be paid by the party incurring the same. GRIEVANCE REPORT Certified Employee Unit Date Filed Name of Grievant Number Building and Department Distribution of Form:

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall 49.01 (a) Where an employee feels himself to be defined as aggrieved by the interpretation or application in respect of him of a provision by a statute, or a regulation, by-law, direction or other instrument made or issued by the Employer, dealing with terms and conditions of employment or, an alleged violation, misinterpretation or misapplication violation of any provision of the provisions of this Agreement by the Employer, or, as result of any occurrence or matter affecting his terms and conditions of employment in respect of which no administrative procedure for redress is provided in or under an Act of the Legislative Assembly of New Brunswick, and, where the employee has the written consent of the Union respecting any grievance relating to the interpretation or application of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedureprocedure shall apply: Step OneSTEP ONE: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five Within twenty (520) working days after presentationthe alleged grievance has arisen or the employee became aware of the grievance, the employee may present his grievance in writing either by personal service or by mailing by registered mail, on the form authorized by the Labour and Employment Board to his immediate supervisor or to the person designated by the Employer as the first level in the grievance procedure. If the grievance is employee receives no reply or does not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, receive satisfactory settlement within ten (10) working days from the date on which he presented his grievance to his immediate supervisor or to the person designated as the first level in the grievance procedure, the employee may proceed to Step Two. STEP TWO: Within ten (10) working days from the expiration of the event upon which it is based. The ten-day period referred to in Step One, the employee and Union Xxxxxxx shall attempt to settle may present his grievance in writing at the second level of the grievance with the Library Director. The Library Director process, either by personal service or his/her designee shall give his/her written answer by mailing by registered mail, to his immediate supervisor or to the person designated by the Employer as the second level in the grievance procedure. If the employee and Union xxxxxxx does not receive a reply or satisfactory settlement of his grievance from the person designated by the Employer as the second level in the grievance process within ten (10) working days of this meetingfrom the date on which he presented his grievance at the second level, the employee may proceed to Step Three. If the grievance is not satisfactorily settled within STEP THREE: Within ten (10) working days from the expiration of the written answer ten-day period referred to in Step Two, the employee may present his grievance in writing at the third level of the grievance process either by personal service or by mailing it may be moved by registered mail to Step Threehis immediate supervisor or the Deputy Minister or Chief Executive Officer of the Department, Board, Commission or Agency in which he is employed. Step Three: Any settlement proposed by the Employer at levels one and two and any replies must accompany the grievance when it is presented at the third level to the Deputy Minister or Chief Executive Officer. The Xxxxxxx, Deputy Minister or Chief Executive Officer shall reply to the grievance in writing to the employee and the Union Representative, shall take the matter up with the Library Director within ten fifteen (1015) working days of from the Director’s written answerdate the grievance was presented at the third level. The Library Director shall give his/her written answer within ten (10) days. If Should the employee not receive a reply or satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from of his grievance at the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.third level within fifteen

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be is defined as an alleged violation, misinterpretation or misapplication violation of any provision the specific terms of this Agreement. A It is agreed that only one grievance may concerning an alleged violation will be It is the mutual desire of the parties hereto that pro- blems experienced by employees shall be addressed as quickly as possible, and it is understood that an employee has no grievance until he has given the Supervisor the first opportunity to address the problem. Following this, should an employee wish to discuss the problem with his Xxxxxxx, he will request the Supervisor to ar- range a meeting between the employee and his Xxxxxxx. Such meeting will take place within 3 working days. If a written grievance is filed with the Supervisor, it must be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing within seven days after the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject cir- cumstances giving rise to the grievance have occurred and shall pro- ceed in the following procedure: manner and sequence. Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerNo. 1 The employee may submit a written grievance to the Super- visor on the form (Appendix provided by the Union. It will be accompanied signed and dated by his/her Xxxxxxx if they so desirethe employee involved and in all cases by his Xxxxxxx. It will be identified a number issued by the Chief Xxxxxxx. The immediate supervisor or manager shall give his/her answer to Supervisor will acknowledge the employee within five (5) working days after presentation. If receipt of the grievance is not resolved orally it may with his signature and the date received. At the grievance hearing a Xxxxxxx be moved present. The nature of the grievance, the remedy sought and the sections of the Agreement which are alleged to Step Twohave been violated shall be set out in the grievance. Step Two: The employee having a grievance shall reduce it to Supervisor will deliver his deci- sion in writing and file the original with the Employer, with a copy to the Union, within ten (10) three working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer hearing to the employee and Union xxxxxxx within ten (10) working days of this meetingthe Chief Xxxxxxx. If the grievance is not satisfactorily settled within ten (10) Step No. 2 Within three working days of the written answer it Supervisor’s decision under Step No. the grievance may be moved submitted to Step Threethe appropriate manager or his designate. Step Three: The At the grievance hearing the Chief Xxxxxxx, employee Xxxxxxx and the Union Representative, shall take the matter up with the Library Director will present. The Manager will his decision in writing within ten (10) three working days of the Directorhearing. Step Within four working days of the Manager’s written answerdecision under Step No. the may be submitted to the Director of Personnel or s designate. At this grievance hearing the Representative and/or the Chief Xxxxxxx, the Xxxxxxx and the will be present. The Library Director shall give his/her written of Personnel will deliver his decision in writing within four working days of the hearing. Where no answer is given within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration specified in the Grievance Procedure the employee concerned, the Union, or the Employer shall. be entitled to submit the grievance to the next of the Grievance that is not or processed to the next step in Pro- cedure within the aforesaid time limits, or as mutually extended, shall commence be deemed to have been abandoned. agreements reached under the Grievance Procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the date Employer and Union and the employee(s). A grievance as defined herein arising directly between the Employer and the Union shall be originated under No. However,-it is expressly understood that the provisions of termination this paragraph may not be used by the Union to institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not be thereby by-passed. Any grievance by the Employer or the Union as provided in this paragraph shall be com- menced within seven working days after the circumstances giving rise to the grievance have occurred. Failing settlement under the Grievance Procedure, such may be submitted to Arbitration as set forth in Arti- cle 1 4. If no written for Arbitration is received within five working days after the decision under Step is given, it shall be deemed to have been settled and not eligible for Arbitration. All grievances initiated at Step No. 2 or Step No. 3 require all information contained on the Step 1 grievance form be completed with the exception of the mediation proceduresupervisors xxxx- xxxx and signature. The mediation is nonbinding. All notices of intent Work days as delineated in this article will be con- fined to mediate or arbitrate shall be in writingMonday to Friday inclusive.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violationAny complaint, misinterpretation disagreement, or misapplication difference of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing opinion between the time limits below, Saturday, Sunday Employer and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, or between the Employer and an employee covered by this Agreement which concerns the interpretation, application, operation or alleged violation of the terms and provisions of this Agreement and/or applicable legislation may be considered as a grievance. Grievances must be presented within fourteen (14) calendar days following the event giving rise to such grievance, or from the time an employee reasonably should have been aware of the alleged grievance. Step No. 1 It is the mutual desire of the parties hereto, that complaints of employees shall be adjusted as quickly as possible. If an employee has an unsettled complaint, then, the employee and the employee's xxxxxxx may take the matter up verbally with their immediate supervisor. The supervisor shall render his decision within seven (7) calendar days of the presentation of the complaint. Step No. 2 Failing settlement at Step No. 1, the Union and/or the employee shall submit the written grievance within seven (7) calendar days to the Production Manager or designate. A Step 2 meeting will be held with the Xxxxxxx and the grievor in attendance, with the Production Manager and/or his designate. The Step 2 meeting will be scheduled within ten (10) working calendar days of the event upon which it is basedwritten grievance being filed with the Employer. The employee and Union Production Manager, or his designate shall render the Company’s decision in writing to the Xxxxxxx shall attempt to settle within fifteen (15) calendar days after the grievance with the Library DirectorStep 2 meeting. The Library Director or his/her designee shall give his/her written answer Xxxxxxx will be allowed to attend the employee and Union xxxxxxx within ten (10) working days Step 2 meeting if the Xxxxxxx is at work at the time of this the meeting. If the grievance Xxxxxxx is not satisfactorily settled within ten (10) working days scheduled to work at the time of the written answer it may be moved to Step Threemeeting, he can attend the meeting without pay from the Company. Step Three: No. 3 Failing settlement at Step 2, a Business Representative of the Union may within fifteen (15) calendar days, schedule a meeting with the Employer or designate. The Xxxxxxx, employee and the Union Representative, the Xxxxxxx and the grievor shall take be present at the matter up Step 3 meeting with the Library Director within ten (10) working days Employer. The Xxxxxxx will be allowed to attend the Step 3 meeting if the Xxxxxxx is at work at the time of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) daysmeeting. If satisfactory settlement the Xxxxxxx is not reached in twenty (20) working daysscheduled to work at the time of the meeting, it he can attend the meeting without pay from the Company. Failing settlement at Step No. 3, the grievance may be moved submitted to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.within twenty-five

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A a) Any grievance of a disciplinary nature shall first be taken up between such employee and the employee’s Management Team. Such employee will be entitled to be accompanied by a Shop Xxxxxxx or Union representative. Time Limit to institute a grievance: Termination or layoff All others ten calendar days fifteen (15) calendar days Failing settlement under a) above, such grievance shall be defined as an alleged violationtaken up between the employee’s Supervisor, misinterpretation or misapplication higher authority, and a Shop Xxxxxxx or Local Union Representative. This Step must be completed within ten calendar days from the completion of any provision of this Agreementa) above. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined Failing settlement under above, shall be such grievance and any question or controversy that is not of a kind that is subject to a) and above, the following procedure: Step One: An employee having a grievance grieving party shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If reduce the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file it will be referred to and take up in a presentation to a Grievance Board, hereinafter referred to as “The Board”. Such Board shall consist of two (2) Union Representatives appointed by the original with or higher authority of the Union, and two (2) representatives of the Employer, with a copy appointed by an officer of the Employer. Appointments to the Union, within ten (10) working days of Board by the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate Parties shall be in writing.. All members of the Board shall have been duly appointed and so authorized that any settlement arrived at by the Board on a specific grievance shall be final and binding. Except by written mutual agreement between the Union and the Employer providing for an extension of time and setting a firm meeting date, above, must be completed within ten calendar days from the completion date of above. In all such grievance procedures, the Union representative shall act in the capacity of Chairman of the meeting, and the representative of the Employer shall act in the capacity of Recording Secretary. All copies of all minutes shall be signed and dated by both the Union and the Employer. Failing settlement under the above steps, the matter will be referred to an neutral person to act as an Arbitrator, who will meet with the Parties to hear both sides of the case. Failing to agree upon a neutral person, the Department of Labour will be requested to appoint a neutral Arbitrator. The Arbitrator shall be required to hand down his decision within thirty (30) calendar days following completion of the hearing, and his decision shall be final and binding on the two Parties to the dispute. The cost of the Arbitrator will be borne equally by the Union and the Employer

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall Unless otherwise provided for in this Ag- reement, every subject of joint discussion will first be defined as an alleged violation, misinterpretation or misapplication of any provision of taken up by the Union and the Company in accordance with the proce- dures provided for in this Agreement, and every effort will be made by the parties to reach a mutually satisfactory agreement as quickly as possible. A grievance may be filed by If an employee wishes to have a complaint taken up, it will first be taken up orally with his Xxxxxxx or a group of employeesSupervisor. Group grievances He may be initiated at Step Three. In computing do this personally, with or without his Xxxxxxx or he may request the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject Xxxxxxx to the following procedure: Step One: An employee having a grievance shall present do it orally to his/her immediate supervisor or any appropriate Library managerfor him. The employee may will be accompanied present when the matter is discussed by his/her the Xxxxxxx and the Xxxxxxx or Supervisor if they the Xxxxxxx or Supervisor or the Xxxxxxx so desirerequests. If the complaint is not satisfactorily disposed of orally within twenty-four hours after its presentation, the Xxxxxxx or Supervisor shall within two days of receipt of a written grievance give his decision in writing to the person who presented the grievance. If the decision of the Xxxxxxx or Supervisor is not satisfactory, the Union Grievance Committee may, within eight (8) working days refer the grievance to the Manager's Committee. The immediate supervisor or manager shall Union Grievance Commit- tee will give his/her the Manager's Committee at least four (4) working days' notice in writing of any grievance to be discussed. The Manager's Committee will meet weekly with the Union Grievance Committee com- posed of not more than three (3) employees of the plant if there are grievances to be discussed. The Manager's Committee will give its answer to the employee in writing within five four (54) working days after presentationsuch a meeting. At this stage a full-time representative of the Union may be present when the grievance is being discussed if requested by either party. If the grievance decision of the Manager's Committee is not resolved orally it satisfactory the Union Grievance Committee may, within eight (8) working days, refer the grievance to the President of the Company, or such other person as he may designate. Within eight (8) working days of receipt of such notice a meeting will be held with the Union Grievance Commit- tee composed of not more than three (3) employees of the particular Plant. An ans- wer will be given within eight (8) working days after such a meeting has been held. At this stage a full time representative of the Union may be moved to Step Twopresent if requested by either party. Step Two: The employee having a grievance shall reduce it to writing and file time allowances provided in the original with above Sections may be extended by mutual ag- reement. If the Employer, with a copy to time allowances or any mutually agreed on extensions are not observed by the Union, within ten (10) working days of the event upon which it is basedgrievance will be considered as dropped; if the time allowances or any mutually agreed on extensions are not observed by the Com- pany, the grievance will be considered as advanced to the next stage. The aggrieved employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may will be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated present for discussions if requested by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.par-

Appears in 1 contract

Samples: Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be is defined as an alleged violation, misinterpretation or misapplication violation of any provision the specific terms of this Agreement. A It is agreed that only one grievance may concerning an alleged violation will be It is the mutual desire of the parties hereto that pro- blems experienced by employees shall be addressed as quickly as possible, and it is understood that an employee has no grievance until he has given the Supervisor the first opportunity to address the problem. Following this, should an employee wish to discuss the problem with his Xxxxxxx, he will request the Supervisor to ar- range a meeting between the employee and his Xxxxxxx. Such meeting will take place within 3 working days. If a written grievance is filed with the Supervisor, it must be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing within seven days after the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject cir- cumstances giving rise to the grievance have occurred and shall pro- ceed in the following procedure: manner and sequence. Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerNo. 1 The employee may submit a written grievance to the Super- visor on the form (Appendix provided by the Union. It will be accompanied signed and dated by his/her Xxxxxxx if they so desirethe employee involved and in all cases by his Xxxxxxx. It will be identified a number issued by the Chief Xxxxxxx. The immediate supervisor or manager shall give his/her answer to Supervisor will acknowledge the employee within five (5) working days after presentation. If receipt of the grievance is not resolved orally it may with his signature and the date received. At the grievance hearing a Xxxxxxx be moved present. The nature of the grievance, the remedy sought and the sections of the Agreement which are alleged to Step Twohave been violated shall be set out in the grievance. Step Two: The employee having a grievance shall reduce it to Supervisor will deliver his deci- sion in writing and file the original with the Employer, with a copy to the Union, within ten (10) three working days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer hearing to the employee and Union xxxxxxx within ten (10) working days of this meetingthe Chief Xxxxxxx. If the grievance is not satisfactorily settled within ten (10) Step No. 2 Within three working days of the written answer it Supervisor’s decision under Step No. the grievance may be moved submitted to Step Threethe appropriate manager or his designate. Step Three: The At the grievance hearing the Chief Xxxxxxx, employee Xxxxxxx and the Union Representative, shall take the matter up with the Library Director will present. The Manager will his decision in writing within ten (10) three working days of the Directorhearing. Step Within four working days of the Manager’s written answerdecision under Step No. the may be submitted to the Director of Personnel or s designate. At this grievance hearing the Representative and/or the Chief Xxxxxxx, the Xxxxxxx and the will be present. The Library Director shall give his/her written of Personnel will deliver his decision in writing within four working days of the hearing. Where no answer is given within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration specified in the Grievance Procedure the employee concerned, the Union, or the Employer shall. be entitled to submit the grievance to the next of the Grievance that is not or processed to the next step in Pro- cedure within the aforesaid time limits, or as mutually extended, shall commence be deemed to have been abandoned. agreements reached under the Grievance Procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the date Employer and Union and the employee(s). A grievance as defined herein arising directly between the Employer and the Union shall be originated under No. However,-it is expressly understood that the provisions of termination this paragraph may not be used by the Union to institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular grievance procedure shall not be thereby by-passed. Any grievance by the Employer or the Union as provided in this paragraph shall be com- menced within seven working days after the circumstances giving rise to the grievance have occurred. Failing settlement under the Grievance Procedure, such may be submitted to Arbitration as set forth in Arti- cle 1 4. If no written for Arbitration is received within five working days after the decision under Step is given, it shall be deemed to have been settled and not eligible for Arbitration. All grievances initiated at Step No. 2 or Step No. 3 require all information contained on the Step 1 grievance form be completed with the exception of the mediation proceduresupervisors deci- sion and signature. The mediation is nonbinding. All notices of intent Work days as delineated in this article will be con- fined to mediate or arbitrate shall be in writingMonday to Friday inclusive.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. 5.1 The purpose of this Article is to establish a procedure for the settlement of Grievance. A grievance shall be defined as an any difference arising out of the interpretation, application, administration, or alleged violation, misinterpretation or misapplication violation of any provision of this Agreement. A grievance may be filed by an employee the collective agreement or a group of employeescase where the Agency has acted unjustly, improperly, or unreasonably in relation to any acts or statutes. Group grievances The aggrieved employee must first discuss the complaint or grievance with immediate Supervisor. Such employee may be initiated at Step Threehave a Union representative present if so desires. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, Such a complaint shall be subject brought to the following procedure: Step One: An employee having a grievance shall present it orally to his/her attention of the immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee Supervisor within five (5) working days after presentation. If the grievance occurrence which is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with basis of the Employergrievance, with a copy to the Union, or within ten five (105) working days after the employee should reasonably have had knowledge of the event upon which it is basedsaid event, but not thereafter. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee immediate Supervisor shall give his/her written answer to the employee and Union xxxxxxx a verbal reply within ten five (105) working days of this meetingdays. If the grievance is not satisfactorily settled resolved at the complaint stage it shall be reduced to writing stating the particulars of the grievance including the articles violated where applicable and the redress sought. The written grievance must be presented to and discussed with the immediate Supervisor and a copy submitted to the immediate Supervisor within ten working days after the verbal reply given above. The immediate Supervisor shall within ten working days, render his reply to the Union Xxxxxxx in writing following the date of the Step meeting. Failing settlement of Step the grievance may be submitted within ten working days thereafter, to the Executive Director or designate, who shall call a meeting, which shall be held within ten (10IO) working days of the written answer it reply from Step unless extended by written agreement of the parties. The decision of the Agency shall be delivered in writing to the Union Xxxxxxx within ten working days following the date of such meeting. The has the right to attend any or all steps of the grievance and arbitration procedures. The may be moved accompanied by a Shop Xxxxxxx during Step of the grievance procedure. The shall be accompanied by the Shop Xxxxxxx during Step of the grievance procedure, and by the Shop Xxxxxxx and Chief Xxxxxxx or President during Step of the grievance procedure. If the parties are unable to Step Threeresolve the grievance, the Union or the Agency may refer the matter to Arbitration. Step Three: The Xxxxxxxtime limits fixed in both the grievance and arbitration procedure may be extended by confirmation in writing of the parties to this agreement. The Union may have the assistance of a National representative at any stage of the grievance and arbitration procedure, employee provided there is not any financial cost to the Agency Grievance A complaint or grievance arising directly between the Agency and the Union Representativeconcerning the interpretation, shall take application or alleged violation of the matter up with Agreement may be submitted in writing by either party within ten working days following the Library circumstances giving rise to the complaint or grievance. Union grievances will be submitted to the Executive Director or to designate. If such a grievance cannot be resolved within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20IO) working days, it by discussion between the Agency and the Union, such grievances may be moved referred to Step Four arbitration under Article of this Collective Agreement. Agency grievances will be submitted to the Local's President or Step Fiveto designate. Step Four: Mediation If such a grievance cannot be resolved within ten working days, by discussion between the Union and Agency, such grievances may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for referred to arbitration shall commence upon the date under Article of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingthis Collective Agreement.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall Step One- The Parties agree that most issues can be defined as an successfully resolved by open discussion at the lowest possible level between the employee, the supervisor, and the Branch Manager. Any employee with a complaint or issue should contact the appropriate supervisor within seven (7) business days after the employee had knowledge or should of have knowledge of the alleged violation, misinterpretation or misapplication of any provision of this Agreementoccurrence in order to discuss and attempt to resolve the issue. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing Both parties will make every effort to resolve the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library managerissue. The employee may be accompanied by have his/her Union Business Representative and Chief Xxxxxxx and a Xxxxxxx and a Union Official and any witnesses deemed necessary by the union who will give first hand testimony present if they so desiredesired. The immediate supervisor or manager Company shall give his/her answer inform the employee of the right to have a Union Representative present prior to the employee within five (5) working days after presentationstart of any investigation meeting that could lead to discipline, however no settlement shall be made without the presence of a Union Official or Chief Xxxxxxx / Xxxxxxx. If the issue remains unresolved, the grievance is not resolved orally it may shall be moved reduced to Step Two. Step Two: The employee having writing by submission of a grievance form. Any grievance settlements at Step One of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall reduce it to writing and file not constitute a precedent binding the original with the Employer, with a copy to Company or the Union, within ten (10) working days of unless the event upon which it is basedparties agree, in writing that such settlement shall set a precedent binding on future grievances. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. Step Two If the grievance is not satisfactorily settled as outlined in Step One, a written grievance may then be presented no later than seven (7) working days to the Director of Maintenance or his designated representative after notification that the issue was not resolved at Step One. The Director of Maintenance or his designee shall meet with the Union Business Representative and Chief Xxxxxxx and Grievant and Stewards and a Union official and any witness deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter. The Director of Maintenance or his designated representative shall render a written decision thereon within ten seven (107) working days after said meeting/appeal. If a settlement is reached, it will be reduced to written form and the matter shall be considered closed. If the Director of Maintenance or designee fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Two of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. Step Three If not satisfactorily settled as outlined in Step Two above, the written grievance may then be presented to the Program Director or designee no later than seven (7) working days after receipt by the Union Assigned Union Business Representative and/or Union Official of the decision rendered in Step Two hereof. The Program Director and/or designated company representative shall meet with the Union Business Representative and Chief Xxxxxxx or designee and Grievant and Stewards and Union Officials and any witnesses deemed necessary by the union who will give first hand testimony in an attempt to resolve the matter and render a written decision thereon within seven (7) working days after said meeting/appeal. If a settlement is reached it will be reduced to written form on the grievance form and the matter shall then be considered closed. If the Program Director fails to provide a written decision within this time limit, the grievance remedy shall be advanced to the next step of this procedure. Any grievance settlements at Step Three of the grievance process, whether by concession, withdrawal, settlement agreement or resolution actions or a failure of either party to abide by the time limits of this section, shall not constitute a precedent binding the Company or the Union, unless the parties agree, in writing that such settlement shall set a precedent binding on future grievances. If the parties fail to resolve the grievance as outlined in Step Three, the Union may appeal the grievance to arbitration within thirty (30) calendar days after written decision of Step Three. Grievances arising out of a suspension without pay or a discharge shall be submitted directly to Step Three described in Section 2 herein. Should the Union elect to pursue such a grievance, the written grievance signed by the employee must be submitted to the Program Director or designee within seven (7) working days of the effective date of the action. If a written answer it may be moved grievance is not submitted to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Program Director or designee within ten seven (107) working days of the Director’s written answereffective date of the action, the right of the employee or Union to grieve the action is waived and no further action can be taken thereon. The Library Director Such failure to act timely shall give his/her written answer within ten (10) daysnot set a precedent binding upon the Union or the Company for future grievances. If satisfactory settlement It is not reached in twenty (20) working daysunderstood that a Union Official or Chief Xxxxxxx may file grievances on behalf of the Union's interest under this agreement. Therefore, it if a grievance pertains to the Company's interpretation of the intent and purpose of the application of a specific article and section of this agreement that has wide bargaining unit effect, the grievance may be moved filed by a Union Official on behalf of the Union. Further, if a grievance relates to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation policy and Conciliation Service. In the event mediation is utilizedaffects numerous employees, the time limits for arbitration grievance shall commence upon be consolidated and filed by the date of termination Chief Xxxxxxx on behalf of the mediation procedure. The mediation is nonbinding. All notices group of intent to mediate or arbitrate shall be in writingemployees.

Appears in 1 contract

Samples: Collective Bargaining Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance It is the mutual desire of the parties hereto that complaints of employees shall be defined adjusted quickly as an alleged violation, misinterpretation or misapplication of any provision of this Agreementpossible. A grievance may be filed by It is understood that an employee or a group of employeeshas no grievance until he has first given his immediate supervisor an opportunity to adjust his complaint. Group grievances may be initiated at Step Three. In computing He shall discuss it with his immediate supervisor within two (2) days after the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject circumstances rise to the following procedure: Step One: An employee having complaint have originated or occurred. Failing settlement, it may then be taken up as a grievance shall present it orally to his/her within two (2) days following advice of the immediate supervisor or any appropriate Library managersupervisor’s decision in the following manner and sequence. Step No. I The employee employee, may be accompanied by his/her Xxxxxxx if they so desirehis shop xxxxxxx or union representative shall present his grievance in writing to the department Bead. The immediate supervisor or manager grievance shall give his/her answer be signed by the employee, and shall set out the particulars of the grievance, the of the Agreement which the employee alleges has been violated and the remedy The department head shall deliver his decision, accompanied by his in the event the grievance is rejected, in writing three (3) days following the presentation of the grievance to him. Step No. Failing satisfactory settlement in Step No. the written grievance shall be by the employee within three (3) days after department head’s decision is given to the employee manager or his designate. The grievance shall be accompanied by written reasons for rejection of the department head‘s decision at Step No. A meeting will be held within five (5) working days after presentationthe manager his designate) and employee concerned and xxxxxxx, if the employee desires his assistance. If A staff representative of the grievance is not resolved orally it Union may be moved to Step Twopresent at the request of either the Company or the employee. Step Two: The employee having a grievance It is understood that the manager (or his designate) shall reduce it to have such assistance as he may desire at the meeting. Failing settlement, the decision of the manager shall be delivered in writing and file the original with the Employer, with a copy within (5) days to the Union. Failing under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable such grievance may be submitted to arbitration as hereinafter provided. If no for arbitration is received within seven (7) days after decision under Step No. is the grievance shall he deemed to have been settled. no written decision been within time limit specified the grievance be submitted to the next step of foregoing procedure, including arbitration. is agreed that a grievance of policy arising directly between the Company and the Union shall be originated under Step No. within ten (10) working days of after the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer circumstances giving rise to the employee and Union xxxxxxx within ten (10) working days of complaint have originated or occurred. It is understood, however, that this meetingsection shall not be used to the regular grievance procedure. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up When management knows that a meeting being called with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilizedan employee, the time limits for arbitration shall commence upon employee will be given a suspension or discharge the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent employee will be asked if they would like a xxxxxxx present and, if so, management will endeavour to mediate or arbitrate shall be in writinglocate one to attend meeting.

Appears in 1 contract

Samples: Agreement

GRIEVANCE PROCEDURE. 5.1 A Step One. The Association shall reduce the grievance to writing together with a proposed solution thereto and shall deliver a copy of the grievance to the immediate supervisor. The grievance shall be defined as an filed no later than fifteen (15) work days from the date the alleged violation, misinterpretation violation of the Agreement occurred or misapplication should have reasonably become known to exist. The written grievance shall be titled “Statement of Grievance” and will attempt to include all of the following information: The name of the grievant or grievants. The names of all other persons involved. The number and title of any provision and all articles of this Agreement alleged to have been violated, and by appropriate reference the sections and paragraphs of such articles alleged to have been violated. A full statement of the facts giving rise to the grievance. The contention of the grievance or grievants as to how the facts indicate violation of this Agreement. A grievance may be filed by The relief requested. Within ten (10) workdays of the receipt of the grievance, the immediate supervisor shall meet with the Association’s designated representative in an employee or a group of employeeseffort to resolve the grievance. Group grievances may be initiated The grievant, at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her discretion, may be present at such meeting. Within four (4) work days of the above meeting the immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her deliver a written answer to the employee grievance to the Association’s designated representative either granting or denying it and if it is denied, stating the reasons for denial. Step Two. In the event the grievance is not satisfactorily resolved at Step One, the Association’s designated representative, within five (5) working work days after presentationof his/her receipt of the answer, or within five (5) work days of the due date of the answer may transmit the grievance in written form together with a proposed solution thereof to the Superintendent. Within ten (10) work days of the receipt of the grievance the Superintendent shall meet with the Association’s designated representative in an effort to resolve the grievance. The grievant, at his/her discretion, may be present at such meeting. Within seven (7) work days of the above meeting the Superintendent shall deliver a written answer to the grievance to the Association’s designated representative either granting or denying it and if it is denied, stating the reasons for denial. Step Three. If the grievance is not resolved orally in Step Two, it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy appealed to the Union, Board by the Association’s designated representative within ten five (105) working work days after the receipt of the Step Two answer or within five (5) work days of the event upon which it is based. The employee and Union Xxxxxxx shall attempt to settle the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx within ten (10) working days of this meeting. If the grievance is not satisfactorily settled within ten (10) working days due date of the written answer it may in Step Two. Such appeal shall be moved in writing and delivered to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take President or the matter up with the Library Director within ten (10) working days Secretary of the Director’s written answerBoard, and shall state the reasons for the Appeal and shall be accompanied by copies of the grievance chain (grievance, attachments, answers). The Library Director shall Board, at the next regular meeting following receipt of the grievance by the Secretary of the Board, will consider the grievance and will give his/her written its answer in writing within ten seven (107) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon work days after the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingsuch regular meeting.

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. 5.1 A step I Any individual who feels they have a grievance will first attempt to resolve it with their im- mediate supervisor within and not after five working days of the incident giving rise to the grievance. An individual may, if they choose, seek assistance from their Union Representative. step If the problem is not resolved at Step One, the individual shall take the grievance, in writing, to the Union Committee. The Committee then will take the grievance to the Plant Manager within three (3) working days. The Plant Manager will within three (3) working days. Step If the grievance is not resolved at Step Two, the Union Committee will take the grievance to the General Manager and a meeting will he held with the Union Staff Representative, Com- mittee, the and within ten days. The General Manager will respond in writing within three (3) working days of the meeting. Failing resolution at Step Three, the appro- priate provisions of the Ontario Relations Act will apply and the grievance will proceed to arbitration on application from either party. The Union shall have the right to appoint or elect stewards to assist the employees with the presentation of their grievances to the Em- ployer. Such recognition shall be defined as an alleged violation, misinterpretation or misapplication of any provision of conditional upon the xxxxxxx having attained seniority under this Agreement. A grievance may be filed It is understood that the has his regular to perform on behalf of the and is necessary service a griev- ance he not leave his without notifying the supervisor. resuming regular will report to the and. if requested, a reasonable explanation as to his With understanding, the Employer will pay for regular hours lost by in handling and during negotiations with the occur during working hours. The Employer shall he required to recognize the after having the Union in of his name. The four Ste- wards constitute the and negotiating two an employee or is to h of the Union from shall he No grievance he submitted concerning the of of a group of employeesemployee. Group grievances may be A relating to a suspension discharge shall he initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within not after five (5) working days after presentationof the suspension or discharge. If ARTICLE ARBITRATION BOARD either Party requests that a griev- ance he submitted to the grievance is not resolved orally it may request shall be moved to Step Two. Step Two: The employee having a grievance shall reduce it to in writing and file addressed to the original other Party and it shall contain the specific matter to be dealt with the Employerarbitration hoard. the specific provisions of the Collective Agreement, with a copy if any, are al- leged to have violated remedy or remedies sought Party arbitration. This notice shall also contain the of the to the Unionarbitration of the Party requesting arbitration. The recipient of the notice shall, with- in ten days after receiving the notice, advise the other Party of the name of its nominee to the arbitration board. The two nominees of the Parties shall within ten a of thirty (1030) working days select a chairman of the event arbitration board. If they are unable to agree upon which it is basedthe selec- tion of a chairman of the board within the limit specified, they shall then request the Minister of Labour for Ontario to appoint an chairman. The decision of the arbitration board shall be final and binding upon both Parties and upon any employee and Union Xxxxxxx affected by it. The decision of a majority is the decision of the arbitration board but in the event is no majority, the decision of the chairman shall govern. No person shall be appointed as a nominee to an arbitration board who has been involved in an attempt to settle the grievance or who has acted as a paid agent solicitor for either Party. Each of the Parties shall bear the expense of its own nominee to the board of arbitration and the Parties shall jointly and equally bear the ex- penses, if any, of the chairman. No matter shall be submitted to or dealt with by a hoard of arbitration which has not been previously and properly carried through all Steps of the grievance procedure. An arbitration shall not make decision inconsistent with the Library Directorterms of this Agree- ment nor shall it alter, modify or amend any part of this Agreement but it shall solely the issue or issues to it, in the notice re- questing arbitration. The Library Director It is understood that, in the event of there being a group or his/her designee policy grievance, same may be submitted by the in written form and, in this event, the procedure of presenting a griev- ance shall give his/her commence from presentation of written answer grievance to the employee and Union xxxxxxx within ten (10) working days Plant Supervisor in ac- cordance with Step of the grievance procedure. It is further understood that Employer shall the right to present grievance respect to alleged violation of this meetingAgreement. If Such a grievance shall be presented by the Em- ployer, in writing, to the xxxxxxx and it may referred to arbitration in the manner as the grievance of any in the that the grievance is not satisfactorily settled to the satisfaction of Parties within ten (10) working days clays after its presentation to xxxxxxx. Should an arbitration board find an has been unjustly discharged. suspended or otherwise disciplined, lie shall reinstated to his old job or another he can with full seniority rights and he shall be compen- sated for all time lost at his regular rate of pay or granted such lesser as the written answer it arbi- tration board fair the stances. and time limits mentioned in Articles may be moved to Step Threeextended by mutual agreement Parties. Step Three: The XxxxxxxSTRIKES LOCKOUTS the of this Agreement, employee agrees that there will be no strike and the Union RepresentativeEmployer agrees that there will he no lockout. It shall not be a violation of this for the employees covered hereunder, shall take to re- fuse to cross a picket line and perform work in instance where the matter up with line has the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingpicketing.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. 5.1 A grievance 12.01 Subject to Clauses 12.03 and 12.07, grievances shall be defined processed in the following manner: Step 1: With the exception of dismissal due to unsuitability or incompetence, as an alleged violationassessed by the Employer, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an a probationary employee or a group of employees. Group grievances may be initiated at Step Three. In computing the part-time limits belowor temporary employee with less than six (6) months' service and subject to Clauses 12.03 and 12.07, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined abovean employee who alleges that he/she has a grievance, shall be subject to first present the following procedure: Step One: An employee having a grievance shall present it orally matter to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by through his/her Shop Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentationof the occurrence or discovery of the incident giving rise to the alleged grievance and an xxxxxxx effort shall be made to settle the grievance at this level. In cases where an employee's immediate supervisor is his/her permanent head, the grievance may be submitted immediately at Step 3. Step 2: If the employee fails to receive a satisfactory answer within five (5) days of presenting the matter under Step 1, he/she may, within five (5) days present a grievance in writing to the second managerial level designated by the permanent head who will give the grievor a dated receipt. In instances where there is no second level of management other than the Director of Human Resources, the employee may submit his/her grievance at Step 3 within the prescribed time limits. In the interest of expediency, the grievor, in conjunction with a shop xxxxxxx, shall submit a written summary at the time of submitting the grievance at Step 2, on a without prejudice basis. Step 3: This is not the official version. If the employee fails to receive a satisfactory answer to his/her grievance is not resolved orally it may be moved within five (5) days after the filing of the grievance at Step 2, he/she may, within a further five (5) days submit his/her grievance in writing to Step Twothe Director of Human Resources who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. Step Two: The employee having a grievance Union shall reduce it appoint its two (2) representatives to writing the committee and file the original with advise the Employer, with a copy to . The Employer shall appoint two (2) representatives and notify the Union, Union within ten (10) working days of the event upon which it is basednames of the Employer representatives on the Grievance Committee. One of the Employer's representatives shall chair the meeting(s). The employee and Union Xxxxxxx committee shall attempt be entitled to settle interview such persons as it deems necessary for the investigation of the grievance with the Library Director. The Library Director or his/her designee and shall give his/her written answer its decision in writing to the employee and Union xxxxxxx grievor within ten (10) working days of this meetingreceipt of the grievance. The committee's report shall consist of the joint decision of the committee where the committee members agree to a solution. If the grievance matter is not satisfactorily settled within ten (10) working days mutually resolved by the committee, then the Employer's representatives will send their position, along with a brief summary of the written answer it may be moved committee's deliberations, to Step Three. Step Three: The Xxxxxxxthe grievor, employee and with a copy being sent to the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingUnion.

Appears in 1 contract

Samples: General Service Collective Agreement

GRIEVANCE PROCEDURE. 5.1 A Level I In the event that a teacher believes there is a basis for a grievance, the teacher shall first discuss the alleged grievance shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing with the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her building principal and/or immediate supervisor either personally or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee a Union representative within five (5) working school days after presentationfrom the occurrence or knowledge of occurrence. If Level II If, as a result of the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having informal discussion with the building principal, a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, still exists within ten (10) working school days the teacher may invoke the formal grievance procedure using the proper form, signed by the grievant and a representative of the Association, which form shall be available from the Union representative in each building. If the grievance involves more than one (1) school building, it may be filed with the superintendent or designee. Within five (5) school days of receipt of the event upon which it is basedgrievance, the principal and/or immediate supervisor shall meet with the Union in an effort to resolve the grievance. The employee and Union Xxxxxxx principal and/or immediate supervisor shall attempt to settle indicate the disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Union. Level III If the Union is not satisfied with the Library Directordisposition of the grievance, or if no disposition has been made within five (5) school days of such meeting, the grievance shall be transmitted to the superintendent. The Library Director Within five (5) school days, the superintendent or his/her designee shall give his/her written answer meet with the Union on the grievance and shall indicate the disposition of this in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the employee and Union. Level IV If the Union xxxxxxx is not satisfied with the disposition of the grievance by the superintendent or designee, or if no disposition has been made within five (5) school days of such meeting (or ten (10) working school days from the date of filing, which shall be later), the grievance shall be transmitted to the Board by filing a written copy thereof with the secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, may hold a hearing on the grievance, a disposition in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Union. Neither party shall present new facts as evidence at level IV which have not been disclosed at levels I, II, or III except facts not discovered at levels I, II, or III. Every effort will be made to disclose to the other party new facts discovered after level III prior to presentation to the Board. Level V If the Union is not satisfied with the disposition of the grievance by the Board, or if no disposition has been made within the period above provided, the grievance may be submitted to arbitration before an impartial arbitrator within sixty (60) calendar days of this meetingsuch response, or lack thereof. If the grievance is parties cannot satisfactorily settled within ten (10) working days of agree as to the written answer it may arbitrator, one shall be moved to Step Threeselected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration proceeding. Step Three: The Xxxxxxx, employee Board and the Union Representativeshall not be permitted to assert in such arbitration proceeding any ground or to rely on any evidence not previously disclosed to the other party. The arbitrator shall have no power to alter, shall take to add, or to subtract from the matter up with the Library Director within ten (10) working days terms of the Director’s written answeragreement. Both parties agree to be bound by the award of the arbitrator and agree that judgment thereon may be entered in any court of competent jurisdiction. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation fees and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination expenses of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate arbitrator shall be in writingshared equally by the parties to the grievance.

Appears in 1 contract

Samples: Master Agreement

GRIEVANCE PROCEDURE. 5.1 A grievance shall be defined as an alleged violation(a) who is refused employment, misinterpretation suspended, laid off or misapplication transferred from his employment has the right and must file a with the Cnocme pany through the Union within five days of any provision of this Agreement. A grievance may be filed by an employee occurre - @) Only one Union member on each ship, dredge, tug, barge or a unattached occupational group of employeesthree men or over, may act as Union delegate. Group grievances Where shifts are being worked, each shift on the above-mentioned equipment may be initiated at Step Threeelect its own delegate. In computing Where the time limits belowemployee has a grievance while working on board a vessel, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject he must present his grievance on Standard Grievance Form (if available) to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor Captain or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, Chief Engineer with a copy to the Unionship's delegate within . . ten days of its alleged occurrence. Upon request of the grieving employee, delegate shall assist in the grievance procedure. not be subject to discipline for assisting the in the grievance procedure, provided such assistance does not interfere with the operating of the ship. The Captain or Chief Engineer shall acknowledge receipt and reply to the grievance by completing and returning to the a duly completed Standard Grievance Form within ten (10) working days of receipt of grievance. If settlement is not receipt by the Captain's or Chief Engineer's reply, the . shall submit the Standard Grievance Form to the Union immediately. Within forty-five days of the event upon which it Captain's or Chief Engineer's reply or the filing of a grievance through the Union respect to (a) above, the Union office shall submit the duly completed Standard Grievance Form to the head office of the Company. thirty date the grievance' is basedsubmitted by the Union to the Company's head office, the Company shall reply enclosing a copy of the duly completed Standard Grievance Form. , The employee and Union Xxxxxxx shall attempt also have the right to settle submit a grievance in writing to the Company on behalf of all the employees in the bargaining unit or a group or category thereof within thirty days of giving rise to the grievance, or behalf of an individual member not employed aboard a vessel at the time within occurrence giving rise to the grievance. In both these instances above, the Company shall reply to the grievance with as per clause above. Should the Library Director. The Library Director or his/her designee shall give his/her written answer grievance not be settled within the thirty day period clause above, the matter must be referred to the employee and Union xxxxxxx within ten (10) working days of this meetingthereafter. If the grievance is not satisfactorily settled within ten (10) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writing.

Appears in 1 contract

Samples: negotech.labour.gc.ca

GRIEVANCE PROCEDURE. 5.1 A grievance C. Procedure(s) Level Three Mediation (Optional) If after receiving the answer at Level Two the bargaining unit member remains aggrieved, the Association may, in writing, request that the matter be submitted to mediation with the Federal Mediation and Conciliation Service and the matter shall only proceed to mediation if the Administration agrees to the mediation. This request shall be defined as an alleged violation, misinterpretation or misapplication of any provision of this Agreement. A grievance may be filed by an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a grievance shall present it orally to his/her immediate supervisor or any appropriate Library manager. The employee may be accompanied by his/her Xxxxxxx if they so desire. The immediate supervisor or manager shall give his/her answer to the employee made within five fifteen (515) working days after presentationfrom the receipt of the answer given at Level 2. If The Administration shall notify the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the Union, Association within ten (10) working days from the receipt of the event upon which request for mediation whether it is basedagrees or refuses to mediate the matter. The employee and Union Xxxxxxx shall attempt parties agree to settle participate in the grievance with mediation of all the Library Director. The Library Director or his/her designee shall give his/her written answer issues set forth in the grievance(s) at the first meeting date available to the employee and Union xxxxxxx within ten mediator, but not later than thirty (1030) working days of this meetingfrom the filing. If the grievance mediation effort is unsuccessful or is not satisfactorily settled initiated and the bargaining unit member remains aggrieved, the Association may proceed to Level Four. Level Four Arbitration If, after receiving the answer at Level II, or mediation is unsuccessful at Level III, or if the Administration does not agree to mediate pursuant to Level III, and the bargaining unit member remains aggrieved, the Association shall notify the Board in writing of its intent to submit the grievance to arbitration. The Association shall submit its demand for arbitration to the American Arbitration Association to provide the parties with a list of nine (9) arbitrators from which an arbitrator can be selected. Each party shall strike those names unacceptable to them and return the list to AAA. Any arbitrator appearing on the list of acceptable arbitrators from both parties shall be designated as the assigned arbitrator. Such written request must be made within ten fifteen (1015) working school days following one of the written answer it may be moved following: (1) the receipt of the decision at Level II if the Association has not requested mediation pursuant to Step Three. Step Three: The Xxxxxxx, employee and Level III; (2) the Union Representative, shall take receipt of the Administration’s refusal to mediate the matter up with pursuant to Level III; or (3) the Library Director within ten (10) working days of the Director’s written answer. The Library Director shall give his/her written answer within ten (10) days. If satisfactory settlement is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination conclusion of the mediation procedurepursuant to Level III. The mediation is nonbindingarbitrator shall have the authority to hold hearings and confer with any party deemed advisable in seeking to affect the resolution of the grievance. All notices of intent to mediate or arbitrate In these proceedings, the aggrieved shall be in writingrepresented by the Association. Each party shall have the right to subpoena witnesses. The decision of the arbitrator shall be binding on both parties. The losing party parties shall equally share pay the expenses of the arbitrator. Each, however, shall be responsible for any additional expenses incurred including fees and expenses of its representatives. If an arbitration is withdrawn, the parties shall divide equally the expenses of the arbitrator.

Appears in 1 contract

Samples: go.boarddocs.com

GRIEVANCE PROCEDURE. 5.1 A grievance It is the mutual desire of the parties that a complaint of an employee shall be defined resolved promptly as an alleged violation, misinterpretation or misapplication of any provision of this Agreementpossible. A grievance may be filed by It is understood that an employee or a group of employees. Group grievances may be initiated at Step Three. In computing the time limits below, Saturday, Sunday and Holidays are excluded. All unsettled grievances, as defined above, shall be subject to the following procedure: Step One: An employee having a has no grievance shall present it orally to his/her they have first discussed their complaint with their immediate supervisor or any appropriate Library managerSupervisor without satisfaction. The employee may may, if they wish, be accompanied by his/her the Chief Xxxxxxx if they so desireof the Union or their Xxxxxxx. The Should any difference arise between the Employer and any employee from the interpretation, application, administration or alleged violation of the provisions of this Agree- Agreement between the Children's Aid Society of the Expiring March Region and Local an xxxxxxx effort shall be made to settle such differences without undue delay in the following manner. In the first instance, an employee shall take up any such grievance in writing directly with their immediate supervisor or manager shall give his/her answer to the employee within five (5) working days after presentation. If the grievance is not resolved orally it may be moved to Step Two. Step Two: The employee having a grievance shall reduce it to writing and file the original with the Employer, with a copy to the UnionSupervisor, within ten seven (107) working days of the event upon which it the grievance is based. The grievance shall specify the facts and Article or Articles claimed to be violated or relied upon. The immediate Supervisor shall arrange for the presence of the Xxxxxxx concerned. The Supervisor will give their decision in writing within (2) working days. If not then settled in Step the grievance may within a further three (3) working days be submitted in writing to the employee's Service Director or Assistant Director of Service. The Service Director or Assistant Director of Service shall investigate the grievance and may discuss it with the employee or employees involved with the Xxxxxxx who has signed the grievance in attendance at such discussion and/or the Chief Xxxxxxx. The Service Director or Assistant Director of Service shall give their decision in writing to such Xxxxxxx within a further three (3) working days following receipt of the grievance. If not then settled in Step the grievance may, within three (3) working days, be submitted in writing to the Director or their representative. The Grievance Committee and a national representative of the Canadian Union Xxxxxxx of Public Employees, if the Committee so wishes, shall attempt be given an opportunity to settle discuss the grievance with the Library Director. The Library Director or his/her designee shall give his/her written answer to the employee and Union xxxxxxx their representative within ten five (105) working days of this meetingsubmission of the grievance. If the grievance is not satisfactorily settled The Director or their representative shall give their decision in writing within ten five (105) working days of the written answer it may be moved to Step Three. Step Three: The Xxxxxxx, employee and the Union Representative, shall take the matter up with the Library Director within ten (10) working days of the Director’s written answerdiscussion. The Library Director decision in Step shall give his/her written answer within ten (10) days. If satisfactory settlement specify the facts and reasons upon which the decision is not reached in twenty (20) working days, it may be moved to Step Four or Step Five. Step Four: Mediation may be initiated by either party utilizing a mediator from the Michigan Employment Relations Commission or Federal Mediation and Conciliation Service. In the event mediation is utilized, the time limits for arbitration shall commence upon the date of termination of the mediation procedure. The mediation is nonbinding. All notices of intent to mediate or arbitrate shall be in writingbased.

Appears in 1 contract

Samples: T Agreement

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