Common use of Step No Clause in Contracts

Step No. I A conference shall take place between the aggrieved employee, who may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record of the grievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of 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 arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. 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 Any and all time limits fixed by this Article and Article may at any time be extended by 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 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedure.

Appears in 1 contract

Samples: Collective Agreement

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Step No. I A conference shall take place between Shouldeither the aggrieved employee, who may be accompanied by Company or the Union Xxxxxxx, and the Supervisor, desire to appeal any decision arrived at which time a written record of on the grievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: in Step No. Within five full working they shall advise party of their intentions within seven (7)working days of the reply to the first stage meeting. A meeting will then be arranged as soon as conveniently possible to both par- ties. The decision reached as a result of such meeting shall be rendered within seven (7) days of such meeting, and shall be in written form. If a satisfactory settlement of the xxxx- xxxxx is not reached it may be referred by either party to a Board of Arbitration as pro- vided for in Article No complaint or grievance will be entertained that ARTICLE continued has not been processed according to the procedure defined in Article or that is presented to the immediate supervisor more than seven (7) days, following excluding regular days off and holidays, after the decision of Step Nodate the complaint or grievance first arose. a conference It is agreed that when an employee grievance involving suspension or discharge is submitted to the imme- diate supervisor, it shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under proceed Step No. of the complaint and grievance procedure. At any difference stage of the above procedure, the shall have the right to be present, if the so desires. The shall also be required to attend any stage of the procedure at the request of either the Company or the Union. Should differences arise between the parties arising from Company and Union Committee or stewards as to the interpretation, application, administration interpre- tation or alleged violation application of the Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. 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 Any and all time limits fixed by this Article and Article may at any time be extended by 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 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided should either party allege that the employee was unjustly dismissed or suspended, 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, the matter will be submitted in such a writing and dealt with in the same manner as Step No. of the grievance procedure. It is agreed that the settlement of any grievance relating to shall not be retroactive for more than thirty (30) days prior to the date of the written presentationto the supervisor as provided inArticle above. In case of an undisputed error as to an employee’s rate of wages, proper adjustment will be made from the date the error occurred. INTERPRETATION: the Company agrees that there was an error in the rate that an individual employee could not rightly process was paid. there will be no cap on retroactivity. however, there IS a dispute and an Arbitrator, for example, awards a settlement to the grievance the Company may exercise its right under this Article Article, to place a 30-day cap on the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedureamount it pays.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Step No. I A conference The Xxxxxxx shall take place between deliver to the aggrieved employeeDirector, who may be accompanied by the Union XxxxxxxSecurity Services or his designate, and the Supervisor, at which time a written record copy of the written grievance on a standard form, referred to be supplied by under the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: heading Step No. Within five full working days, following the decision of Step No. a conference A grievance with respect to discharge shall be held between delivered to the aggrieved employeeaforesaid officer within five (5) days of the discharge grieved. Within seven (7) days from receipt of the written grievance by the Director, Security Services or his designate, or within such longer period as the Employer and the Union Xxxxxxx may agree on, a joint composed of three ( 3 ) Union representatives designated by the Union, along with the Employer representatives, shall meet and attempt to settle the grievance. Should the grievance not be settled by the said joint within seven (7) days of its first or within such longer period as the Employer and the Manager or other authorized representative of the Company. A representative of the Union will attendmay agree on, and if requested by either party. Step No. Failing a settlement under Step No. of any difference between the parties arising from it one which concerns the interpretation, application, administration or alleged violation of the this Agreement, including then Article may be Grievance Mediation Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any question as to whether a time within ten (10) days after the Employer’s decision has been rendered at Step No. of the grievance procedure. Where the matter is arbitrableso referred, such difference or question the Mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will within twenty-one days of the grievance being submitted to Mediation. The Grievance Mediation process is without prejudice to any position either party may take should the matter be referred to Arbitration. No matter may be taken submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The Mediator will be from Independent Mediation Services and must be able to the grievance mediation within the time set out in unless the parties mutually agree to extend the time periods for such Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with any but will not have the authority to compel the resolution of a grievance. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with Article In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as provided in the Mediator may serve as an Arbitrator. Nothing said or done by the Mediator may be referred to at Arbitration. The Union and the Employer will share the cost, if any, of the Mediator. Notwithstanding Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays and plant holidays will not are to 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 Any and all time limits fixed by this Article and Article may at any time be extended by agreement between the Company and the Unionfor grievance mediation. All decisions arrived at between the representatives of the Company and the Union shall be final and binding upon the Company, the Union and the employee or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rate, such increase shall be paid retroactively to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedure.OS Arbitration

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference shall take place between In the aggrieved employee, who event the grievance is not settled at Step No. the Local may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record request arbitration of the grievance on a standard form, by giving notice in writing to be supplied by the Company, shall be submitted and signed by Board within ten (10) days of receipt of the employee. Failing a settlement within not more than three full working days, then: written decision at Step No. Within five full working days, following the decision of Step Nobut not thereafter. If a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of 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 arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received not given within twenty days after such ten (10) day period, the decision in at Step No. is given, it shall be deemed final and binding upon both parties to have been settled or abandonedthis Agreement, and upon any employee affected by it. SaturdaysThe notice to arbitrate shall contain the name and address of the Local’s nominee to the Board and shall also specify all of the outstanding issues of the written grievance to be dealt with by the Board of Arbitration, Sundays and plant holidays will not the remedy sought. The Local shall be counted bound by the same and shall be restricted at arbitration to the issues represented by the notice. The District School Board shall within ten days advise the Local in determining writing, of the names of its appointee to the Arbitration Board. The two appointees so selected shall, within ten days of the appointment of the second of them appoint a third person who shall be chair. If the two appointees fail to agree upon a chair within the time limit, the appointment shall be made by the Minister of Labour. The request to the Minister of Labour must be made within which any action is to be taken or completed in each ten days from the expiry of the steps of date upon which the Grievance Proceduretwo appointees were to appoint a chair. The Arbitration Board shall hear and determine the matter and shall issue a decision, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by agreement between the Company and the Union. All decisions arrived at between the representatives of the Company and the Union which shall be final and binding upon the Companyparties and upon any employee affected by it. The decision of the majority shall be the decision of the Arbitration Board but if there is no majority decision, the Union decision of the chair shall govern. The Board of Arbitration shall not be authorized to add, delete, modify or otherwise amend the provisions of the Agreement nor make any decision inconsistent with the provisions of this Agreement, nor adjudicate any matter not specifically assigned to it by the notice to arbitrate specified in Step No. of Article hereof. Each party hereto shall bear its own costs of, and the employee or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rateincidental to, such increase arbitration proceedings. The fees and charges of the chair to the Board of Arbitration shall be paid retroactively borne equally by the parties hereto. Either party shall have the right to require the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the Company within five days attendance of the suspension or dismissalat the Arbitration hearing. The dismissal or suspension shall then be dealt with under time limits and other procedural requirements of this grievance procedure are mandatory. Any grievance not appealed from one step of the grievance procedure herein, beginning with to the 2nd Step. Notice of dismissal or suspension, and next within the reason therefore, specified time limit shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 equitableabandoned. It is understood that in If a respondent party fails to reply to a grievance within the case designated time, the party having carriage of any general allegation the grievance shall move to the next step of the grievance procedure. No matter may be submitted to arbitration, which has not been properly carried through all previous steps of the grievance procedure within the time limits specified. The mandatory provisions of this grievance procedure may only be modified by the Union that written agreement of the Company has violated this Agreement, in such a manner that an individual employee could not rightly process parties. A settlement reached at any stage of the grievance under this Article the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedure.procedure shall be final and binding upon both parties and the

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference shall take place between Within five (5) working days after the decision is given at Step No. the aggrieved employee, who may be accompanied by the Union Xxxxxxxrepresentative of the Union, shall meet as promptly as possible with the Chief Executive Officer and such persons as Management may desire, to consider the Supervisor, at which time a written record grievance. The Chief Executive Officer will render his decision in writing within ten working days following such meeting. If final settlement of the grievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within is not more than three full working days, then: reached at Step No. Within five full working days, following and if the decision of Step No. a conference shall be held between grievance is one which concerns the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of any difference between the parties arising from the interpretation, application, administration interpretation or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such difference or question then the grievance may be taken referred in writing by either party to arbitration, Arbitration as provided in Article If no written request for arbitration is received below at any time within twenty fifteen (15) calendar days after the decision in is given under Step No. If no such written request for Arbitration is givenreceived within the time limits, then it shall be deemed to have been settled or abandoned. SaturdaysA Union policy grievance, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken defined as an alleged violation of this Agreement concerning all or completed in each a substantial number of the steps of the Grievance Procedure, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by 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 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 Agreementbargaining unit, in such a manner that regard to which an individual employee could not rightly process grieve, may be lodged by the Union in writing with the President and CEO at Step No. of the grievance under procedure at any time within five (5) full working days after the circumstances giving rise to such grievance occurred or originated, and if it is not satisfactorily settled it may be processed to Step No. and to arbitration in the same manner and to the same extent as the grievance of an employee. The time limits fixed in the grievance procedure may be extended with the consent of the parties of this Agreement. Union or stewards will be allowed to process grievances on Corporation time with no loss of pay to the extent outlined in Article Clause Article Arbitration Both parties to this Agreement agree that any dispute or grievance concerning the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article above, and which has not been settled, will upon the written request of either of the parties hereto, be referred to a Board of Arbitration or Single Arbitrator. The Board of Arbitration will be composed of one (I) person appointed by the Corporation, one (1) person appointed by the Union may present such allegation and a third person to act as Chairman chosen by the Company at the 2nd Step level other two (2) members of the Grievance procedure.Board. Within three (3) working days of the request by either party for a Board, each party shall notify the other in writing of the name of its appointee. Should the person chosen by the Corporation to act on the Board, and the person chosen by the Union, fail to agree on a third person within seven (7) days of the notification mentioned in above, the Federal Minister of Labour will be asked to nominate a person to act as Chairman. A Single Arbitrator will be chosen in accordance with the Canada Labour Code. The decision of a Single Arbitrator or Board of Arbitration, or a majority thereof, constituted in the above manner shall be binding on both parties. The Single Arbitrator or Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. Each of the parties to this Agreement will bear the expenses of the Arbitrator appointed by it; and the parties will jointly bear the expenses, if any, of the Chairman, or Single Arbitrator. Article Suspension or A claim by an employee who has completed the probationary period that she has been discharged or disciplined without cause shall be treated as a grievance if a written statement of such grievance is lodged with the General Manager within three (3) full working days after the employee has been discharged or disciplined. Such special grievance may be settled by:

Appears in 1 contract

Samples: Agreement

Step No. I A conference shall take place between the aggrieved employee, who may be accompanied by If the Union Xxxxxxx, and the SupervisorCompany cannot reach a settlement, at which time a written record either party may, within thirty (30)calendar days of the grievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of 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 arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision reply given in Step No. is givensubmit the grievance to Arbitration by nominating an Arbitrator. These time limits may be extend- ed, it with mutual agreement. STEP NO. Within fifteen (15) days thereafter, the other party shall also nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the Board. If agreement cannot be reached in respect to the appointment of the Chairman of the Board of Arbitration, the matter shall be deemed referred to the appropriate GovernmentAgency. No person involved directly in the con- troversy under consideration shall be a member of the Board of Arbitration. If the other party fails to nominate an Arbitra- tor, the grieving party may ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not processit from one Step to the next within the time limits set out then the grievancewill be considered to have been settled or abandoneddropped by the party instituting the grievance. Saturdays, Sundays and plant holidays will If the responding party does not be counted in determining respond within the time within which any action is to be taken or completed in each limits of the Grievance Proce- dure, then the grieving party may process the grievance to the next step. No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the Grievance grievance Procedure, or under Article except in the case of terminations where the Grievance Procedure will commence at Step No. and such grievance will be submitted directly to the Vice President, Operations Department. The Union Business Representative and the Company Re- gional Director may by mutual agreement have a Step Meeting to discuss the termination during the ten (10) day period. Any and all time limits fixed by this Article and Article may at any time be extended by agreement reached between the Company and the UnionUnion to resolve a grievance shall be binding on both parties and upon any employee involved. All decisions arrived at between The Board of Arbitration shall receive and consider such material evidence and contentions as the representatives parties may offer. Also, the Arbitration Board may request from the par- ties such other evidence as is relevant to its determination of the Company issues involved. In reaching its decisions, the Arbitration Board shall be governed by the provisions of this Agree- ment, and shall have no authority to alter, amend, or change the provisions of this Agreement. The findings and decisions of the Board of Arbitra- tion on all arbitrable questions be binding and enforce- able on the parties and the Union employees. The expense of the Chairman of the Board shall be final and binding upon borne equally by the Company, the Union and the employee or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rate, such increase shall be paid retroactively parties 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 equitableArbitration. It is understood the intention of the parties that the provisions of the Article shall provide a peaceful method of adjusting grievances so that there shall be no suspension or interrup- tion of normal operations as a result of any grievance. The parties shall act in good faith in proceeding griev- ances in accordance with the provisions in this Article. When an employee has given twelve (12) consecutive months with no unsatisfactory conduct documentation on file, the company agrees it will not use such past documentation when addressing future discipline. Suspen- sions of five (5) days or more shall remain for eighteen (18) months, as described above. The Employer will, upon writ- ten request by the employee, provide the employees’ home store with a complete copy of their personnel file which may be viewed in the case presence of any general allegation by the Store Manager. The Union acknowledges that the stewards have their regular duties to perform and that such persons will not leave their regular duties without receiving permission from the Store Manager or appointee, which permission will not be unreasonably withheld. The Company has violated this Agreement, in will compensate such a manner that an individual employee could not rightly process Xxxxxxx at their regular straight time hourly rate for time spent servicing complaints or grievances hereunder during their regular hours within the grievance under this Article the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedurestore.

Appears in 1 contract

Samples: Article Vacations

Step No. I A conference shall take place between If the aggrieved employee, who may be accompanied by supervisor does not settle the Union Xxxxxxx, and matter to the Supervisor, at which time a written record satisfaction of the employee within five working days after the grievance on a standard form, has been submitted to be supplied by him under the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision provisions of Step No. a conference shall be held between the aggrieved employeehereof, the employee and Xxxxxxx may take up the matter directlywith the Superintendent. STEP NO. If a settlement satisfactory to the employee is not obtained within five working days after the matter has been discussed with the Superintendent in accordance with Step No. the Xxxxxxx shall submit the grievance in writing to the Union Xxxxxxx and the Manager or other authorized representative of Grievance Committee with a copy to the Company. The Union Grievance Committee will then meet to discuss grievance with the Company no later than ten calendar days following the date of the Company response to the Step No. meeting. A staff representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of 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 arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays and plant holidays will not be counted in determining present at the time within which any action is to be taken or completed in each request of the steps of the Grievance Procedure, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by agreement between either the Company and or the Union. All decisions arrived at by agreement between the representative, or representatives of the Company, and the Union Grievance Committee with respect to grievances, shall be made in writing, and shall be and binding upon the Company and the Union. It is understood that no grievance be considered where the circumstances giving rise to it occurred or originated more than five calendar days before the filing of the grievance. The discharge of an employee may be submitted as a grievance under Step No. provided it is filed within five calendar days of the date of discharge. When either party to the Agreement requests that a grievance be submitted for Arbitration, they shall make such request in writing within twenty calendar days following the date of the Company’s answer to the 3rd step of the grievance procedure, addressed to the other party to the Agreement. The arbitration procedure incorporated in the Agreement shall be based on the use of a single Arbitrator. When either party refers a grievance to arbitration, they shall propose three acceptable Arbitrators. If none of the three (3) proposed Arbitrators are acceptable to the other party, they shall propose three Arbitrators. If an acceptable Arbitrator is not agreed upon within five calendar days, the parties may submit more proposed Arbitrators or request the Ministry of Labour to appoint an Arbitrator. The decision of the Arbitrator on the matter at issue will be final and binding on both parties, but in no event the Arbitrator have the power to add to, subtract from, alter or amend this Agreement in any respect. However, where an Arbitrator determines that an employee has been discharged or otherwise disciplined by an employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the arbitration, the Arbitrator may substitute such other penalty for the discharge or discipline as to the Arbitrator seems just and reasonable on all circumstances. Each shall pay its own costs and the fees and expenses of witnesses called by it and its representatives, The fees and expenses of the Arbitrator shall be shared equally between the parties. At any stage of the grievance procedure including arbitration, the conferring parties may have the assistance of the employees concerned and any necessary witnesses and employees attendance and discipline records, if authorized by the employee. All reasonable arrangements will be made to permit conferring or the Arbitrator, to have access to the plant to view the disputed operation and confer with necessary witnesses. An employee who has been continuously employed for less than five years shall receive vacation pay according to the Employment Standards Act (Ontario). An employee who has been continuously employed by the Company for five years or more will receive three weeks vacation with pay at the rate of six percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked three weeks pay at the employees regular straight time hourly rate, whichever is greater. An employee who has been continuously employed by the Company for twelve years or more shall receive four (4) weeks vacation with pay at the rate of eight percent of their earnings for the period between July 1st of the previous calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked four weeks pay at the employees regular straight time hourly rate, whichever is greater. If an employee terminates his employment with the Company, he shall be paid the amount of his accrued vacation pay. It is understood and mutually agreed between the Company and the Union that the vacation period shall be final between July 1st and binding upon September 1st of each year, but no more than two employees to be away from each operation at any one time. In the event of a dispute over bidding for vacations, seniority shall prevail. An employee who has been continuously employed by the Company for twenty-two (22) years or more shall receive five (5) weeks vacation with pay at the rate of ten percent of their earnings for the period between July 1st of the calendar year and June 30th of the current calendar year, or if the employee has a minimum of twelve hundred (1,200) hours worked weeks pay at the employees regular straight time hourly rate, whichever is greater. At all times, the Company reserves the right to limit vacations to two consecutive weeks and no more than two employees to be away from each operation at any one time. Any vacation longer than two weeks, requires a minimum of sixty days notice. ARTICLE UNION It is agreed by the parties that as a condition of employment, after thirty calendar days, all employees of the Company shall be required to authorize the Company, in writing, to deduct the employee’s weekly pay, Union dues and initiation fee as prescribed by the constitution of the Union. Union dues shall be deducted from the employees on the first pay day of the month thirty (30) calendar days of employment. The Company shall deduct Union dues from the said employees, and promptly remit same to the Union and the employee or together with a list ‘of employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a resultwhose dues are being so deducted, 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same datePresident. If subsequently it is decided that the The employee was unjustly dismissed or suspended, 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 may authorize the Company has violated to deduct from his pay, contributions toward the Steel Workers Humanity Fund. The Company agrees to match any employee contribution up to a maximum of twenty-one (21) dollars per year. The Company will be informed as to where their contribution will be going and have the right to veto any charity they do not approve. The employee may cancel his contributions upon submitting a written request at which the Company’scontribution for that employee is also cancelled. The Union agrees to defend, indemnify and hold the Company harmless against any claim or liability from the administration of Article of this Agreement, in such a manner that an individual employee could not rightly process the grievance under this Article the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedure.

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference Within two working days after the Coor- dinator has delivered his written decision to the Zone Xxxxxxx and the Chief Xxxxxxx, the following procedure will be followed: The grievance shall take place between the aggrieved employee, who may be accompanied by considered at a meet- ing of the Union Xxxxxxx, Grievance Committee and the Supervisor, at which time a written record of the grievance on a standard form, to be supplied by the Companyif unresolved, shall be submitted taken up at a meeting between the Zone Xxxxxxx and signed by the employeewith the Department Manager, the Co-ordinator. Failing a settlement If the Grievance is not settled within not more than three full working days, thenor within any longer period which may be mutually agreed upon at the time, after the Grievance Committee has met with the Management, then the Xxxx- xxxxx shall be taken up as follows: Step NoSTEP NO. Within five full working days, following the decision of Step No. a conference A meeting shall be held between the aggrieved employee, the Union Xxxxxxx Xxxx- xxxxx Committee and the Plant Manager or other authorized representative of the CompanyOperations Services Manufacturing Manager, Human Resources Manager, an Department Manager. A representative At this meeting the Business Agent of the Union will attend, or his nominee may be present if his presence is requested by either partythe Compa- ny or the Union. Step No. Failing If the grievance is not there settled to the satisfaction of both parties within a settlement under Step No. period of two (2) working days or within any difference between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question longer period as to whether a matter is arbitrable, such difference or question may be taken mutual- ly arranged at the time, then at the request of either party to this agreement the xxxx- xxxxx may be referred to arbitration, . All times as provided set out in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. 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 Any Procedure and all time limits fixed by this Article and Article Arbitration may at any time be extended by mutual agreement between the Company and the Union, in writing. All decisions arrived at between If arbitration is to be invoked, the representatives request for arbitration must be made in writing within ten (10) working days after the xxxx- xxxxx has been dealt with in Step No. When either party requests that a grievance submitted to arbitration they shall make such requests in writing addressed to the to by other party to this agreement. Within ten working days the party who initiated the grievance shall submit a letter to the other party the name and ad- dress of its nominee to arbitration hoard. With five (5) working days thereafter the other shall respond in a letter giving the and address of its nominee to the arbitration board. two arbitrators so nominated shall within working days, and if within working days they fail the grievance. they shall attempt to Chairman of an Arbi- tration Hoard. If they are unable to agree upon such a within further peri- od of YO days they then request the Minister of for the Province of Ontario to assist them in selecting an impar- tial No person may be appointed as an xxx who has involved in an attempt to negotiate or settle the grievance. of the Company parties hereto will bear the ex- penses of the appointed by it, and the Union parties will jointly hear the expenses of the Chairman of the Board, if any No be submitted to arbitration has not been properly carried through previous steps of the grievance proce- dure. The Arbitration Board shall not he author- ized to make any decision inconsistent with the provisions of this agreement nor to alter, modify or amend any part of this agreement. When a grievance which affects an employ- ee's pay is settled, the settlement may be made retroactive for a period as agreed to by the conferring parties or by a majority deci- sion of a Board of Arbitration, but in no case will the settlement be made retroactive for a period greater than two months prior to the last date on which the grievance was pre- sented in writing to the Company. The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the majority of such Board will be final and binding upon the Companyparties hereto. At any stage of the grievance procedure in- cluding arbitration, the Union and conferring parties may have the assistance of the employee or employees concerned. When a complaint or grievance which affects concerned and any necessary wit- nesses, and all reasonable arrangements will be made to permit 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 conferring parties to have access 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 plant to view disputed operations and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance confer with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedurenecessary witnesses.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

Step No. I A conference shall take place between 2 - Notice of appeal must be given to the aggrieved employee, who may be accompanied xxxxxxx by the Union Xxxxxxx, and the Supervisor, at which time xxxxxxx or a xxxxxxx delegate. Such notice shall consist of a written record statement of the grievance on a standard formin duplicate, containing particulars of the incident giving rise to be supplied by the Company, grievance and shall be submitted and signed by the employeeaggrieved employee and dated as of the date of its submission. Failing The superintendent or a settlement delegate shall meet with the xxxxxxx or a xxxxxxx delegate within not more than three full working seven (7) calendar days, then: to investigate the grievance and attempt to settle it. A written decision shall be given by the superintendent or a delegate within five (5) calendar days after the date of such meeting. Grievances not adjusted in Step No. Within five full working days, following the decision of 2 may be appealed to Step No. a conference shall 3. 17.02 Step No. 3 - Notice of appeal must be held between given in writing within nine (9) calendar days from the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative date of the Companywritten decision of the superintendent or a delegate to the Human Resources Department. A representative of the Union will attendHuman Resources Department. or a delegate shall meet with the Grievance Committee, if requested which may be accompanied by either party. Step No. Failing a settlement under Step No. of any difference between the parties arising from the interpretation, application, administration an International Officer or alleged violation representative of the AgreementUnion within twenty-one (21) calendar days or a date mutually agreeable to the Union and the Company, including any question as to whether investigate the grievance and attempt to settle it. A written decision shall be given by the Human Resources Representative or a matter is arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received delegate within twenty fourteen (14) calendar days after the decision date of such meeting. 17.03 In the event that the grievance or complaint cannot be adjusted in Step No. is givenany of the foregoing steps, it the matter may at the request of either party be submitted for arbitration by an impartial arbitrator who shall be deemed to have been settled or abandoned. 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 chosen by mutual agreement of the steps of the Grievance Procedure, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by agreement between the Company and the Union. All decisions arrived at between The party desiring arbitration shall notify the representatives other of its intention within thirty (30) calendar days from the receipt of the answer or decision provided for in Step 3 above. The parties shall advise each other as to who will present the case on their behalf in the arbitration hearing. In the event the Company and the Union shall be final and binding unable to agree upon the Companyan arbitrator, the Union and the employee or employees concerned. When a complaint or grievance which affects the rate Minister of pay of an employee is settled and as a resultLabour, 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason thereforeOntario, shall be given requested to appoint an arbitrator in writing with a copy the following manner: 17.04 A request by either party shall be made to the Minister of Labour, Ontario, for the names of seven (7) arbitrators. The Union on shall strike three (3) names and the same dateCompany shall strike three (3) names. If subsequently it is decided that the employee was unjustly dismissed or suspended, he The remaining one (1) shall be reinstated in his former job the arbitrator. The arbitrator may interpret this Agreement 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 the Union may present such allegation apply it to the Company at the 2nd Step level of the Grievance procedure.particular case under 17.05

Appears in 1 contract

Samples: Agreement

Step No. I A conference The employee may present a grievance to the immediate manager, and may have the assistance of the area grievance xxxxxxx in doing so. The grievance shall take place between the aggrieved employee, who may be accompanied in writing on a grievance form approved by the Board and the Union Xxxxxxxand shall include the nature of the grievance, the remedy sought, and the Supervisor, at which time a written record section or sections of the grievance on Agreement which are alleged to have been violated; failing settlement, the immediate Manager shall deliver a standard form, to be supplied by decision in writing within five working days following the Company, shall be submitted and signed by presentation of the employeegrievance. Failing a settlement within not more than settlement: STEP NO. 2 Within three full working days, then: days after the decision in Step No. Within five full I is given, the employee (who may request the assistance of a committee member) may submit the grievance in writing to the Director, Human Resources, or designate, who shall deliver a decision in writing within three working days, days following the decision presentation of the grievance. The assistance of the Grievance Committee may be requested by either the or the employer. It is agreed that the parties to this Agreement may have the assistance at any time, of any representative, solicitor or other agent as they may require, at Step No. a conference shall 2 of the Grievance Procedure or at any subsequent stage. Failing settlement: STEP NO. 3 Within ten working days after the decision in Step No. 2 is given, the who may request the assistance of the Grievance Committee, may submit the grievance in writing to the Chief Executive Officer or designate. A meeting will then be held within working days between the aggrieved employee, the Union Xxxxxxx Chief Executive or designate and the Manager or other authorized representative of the Company. A Grievance Committee and an accredited representative of the Union will attend, if requested by shall be present at the request of either partythe Board or the Union. Step NoThe decision of the Chief Executive Officer or designate shall be delivered in writing within seven working days. It is understood that the Chief Executive or designate may have such counsel and assistance as may be desired at any such meeting. Failing a settlement under Step No. the foregoing procedure of any difference grievance between the parties arising from the interpretation, application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, such difference or question grievance may be taken submitted to arbitration, arbitration as provided in Article hereinafter provided. If no written request for arbitration is received within twenty ten working days after the decision in under Step No. is given, it the grievance shall be deemed to have been settled settled. Where no written answer has been given within the time limit specified, the grievance maybe submitted to the next step of the foregoing procedure, including arbitration. directly affecting an employee or abandoned. Saturdays, Sundays and plant holidays will that the regular Grievance Procedure shall not be counted in determining the time within which thereby any action is to be taken clerical or completed in each other error of the steps of the Grievance Procedurea similar nature, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by 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 or employees concerned. When a complaint or grievance which affects the rate of pay of involving 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedureemployee’s salary.

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference If the written reply is not satisfactory to the Union, then there shall take place between the aggrieved employee, who may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record meeting within five (5) days of receipt of the grievance on written reply. The meeting will include the a standard formUnion committee, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized full-time representative of the Company. A representative of the Union will attendUnion, if requested by either party, the supervisor and the Chief Executive Officer or designate. A written decision shall be given to the within five (5) working days following this meeting. If this decision does not resolve the grievance then any request for arbitration must be made within five (5) days following receipt of the written decision by the No matter may proceed to arbitration without being properly carried through the steps of the grievance procedure as outlined above. Any grievance alleging unjust discharge or suspension shall be treated as a special grievance if it is placed in writing, dated and signed and presented directly to the Chief Executive Officer or designate within three (3) working days of the occurrence at Step Noof the grievance procedure. Failing a settlement under Step NoThe matter shall proceed from there, including arbitration if necessary. COLLECTIVE AGREEMENT Toronto Zoo Local 7600-Main Page Any of any difference the time limits set out above may be extended by mutual agreement between the parties arising from involved. For purposes of this article, working days shall be Monday to Friday inclusive. Copies of all written replies Management related to any step of the grievance procedure, shall be forwarded to the Secretary of the Union. A copy will also be sent to the Chief Shop Xxxxxxx. It is understood by both the Union and Management that they may mutually agree to refer a grievance to mediation prior to proceeding to arbitration. It is understood that the costs of the mediation will be on an equal cost-sharing basis. Where a difference arises between the parties relating to the interpretation, application, application or administration or alleged violation of the this Collective Agreement, including any question as to whether a matter is arbitrable, such or when an allegation is made that this Collective Agreement has been violated, either of the parties may, after exhausting the grievance procedure, notify the other party in writing of its desire to submit the difference or question allegation to arbitration and the notice shall contain the name of the first party's suggestion for an arbitrator. The recipient of the notice shall, within five (5) days inform the other party of the name of its suggestion of an arbitrator. Either party may request the Ministry of Labour for Ontario to appoint an arbitrator under Section of the Labour Relations Act of Ontario, or other sections of the Act as may be taken applicable from time-to-time, in order to arbitrationexpedite the settlement of any grievance. If the recipient of the notice fails to suggest an arbitrator or if the parties fail to agree upon an arbitrator within the five (5) day limit, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it appointment of an arbitrator shall be deemed to have been settled made by the Ministry of Labour for Ontario upon the request of either party. The arbitrator shall hear and determine the difference or abandoned. Saturdays, Sundays allegation and plant holidays will not be counted in determining the time within shall issue a decision which any action is to be taken or completed in each of the steps of the Grievance Procedure, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by 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 Companyparties affected by it. If either party requests that a board of arbitration be used instead of an arbitrator, then a board shall be set up. The payment of and powers of an arbitrator or a board of arbitration shall be as outlined in the Ontario Labour Relations Act, The decision of the arbitrator or the board of arbitration shall be final binding and enforceable on all parties. The board of arbitration or the arbitrator shall not have the power to change this agreement or to alter, modify or amend any of its provisions. However, the Union and board of arbitration or the employee or employees concerned. When a complaint or grievance which affects arbitrator shall have the rate power to dispose 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently by any arrangement which it is decided that the employee was unjustly dismissed or suspended, 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 deems 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedure.COLLECTIVE AGREEMENT

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference shall take place between If the aggrieved decision of the immediate xxxxxxx is not acceptable to the employee, who he may appeal the decision to the Human Resources Manager or his designated representative, within two (2) working days from the date that he received the decision from his immediate xxxxxxx. The third step grievance meeting will be accompanied by held within working days of the Union Xxxxxxx, and the Supervisor, at which time a written record receipt of the grievance on a standard form, to be supplied duly initialled by the CompanyPlant Chairperson or his designate. The Human Resources Manager, or his designated representative shall be submitted arrange a meeting with the bargaining committee and signed by the employee. Failing a settlement he shall give his answer in writing within not more than three full five (5) working days, then: Step No. Within five full working days, days following the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative date of the Companymeeting. A representative The and a National of the Union may be present at this meeting. Employees hours will attend, if requested be altered to accommodate the grievance meeting schedule and employees will be required to work both before and after the meeting up until their revised quitting time. In the event that arbitration of a grievance is desired by either party. Step No. Failing a settlement under Step No. of any difference between , then the parties arising from the interpretation, application, administration or alleged violation other party shall be notified in writing not later than twenty (20) working days after receipt of the Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision answer in Step No. is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays Either party may notify an arbitrator from the following list of arbitrators and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each a copy of the steps of notice will be given to the Grievance Procedure, or under Article Any and all time limits fixed other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by this Article and Article may at any time be extended by agreement between the Company and the Union. All decisions arrived at between In the representatives event of the Company and retirement of one of the Union Company’s nominees, Xxxx Xxxxxxx shall be final and binding upon substituted. In the Companyevent of the retirement of one of the Union’s nominees, the Union and the employee or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rate, such increase Xxx Xxxxxxxxx shall be paid retroactively substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator shall not have jurisdiction to alter or change any of the provisions of this agreement, or to substitute any new provisions in lieu thereof, or to give any decision inconsistent with the terms and provisions of this agreement, or to deal with any matter not covered by this agreement. The arbitrator in discharge and suspension cases shall be authorized to maintain the discharge or suspension, make the whole, or make any modification as to compensation which is just and equitable in the opinion of the arbitrator. The parties shall equally share the fee and expenses of the arbitrator. No grievance shall be considered if the alleged circumstances of the grievance occurred more than fifteen (15) working days prior to the date submission of the error was made or such other date as grievance. If the Company fails to answer the grievance within the time limits then the grievance may be agreed uponprocessed to the next step. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance with not processed within the Company within five days of time limits by the suspension or dismissal. The dismissal or suspension shall Union then be dealt with under the grievance procedure hereinwill be considered dropped. A discharged or indefinitely suspended employee, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason thereforeother than a probationary employee, shall be given an opportunity to explain the circumstances of his discharge or indefinite suspension to his Committeeman or xxxxxxx before leaving the plant. Such discharged or indefinitely suspended employee may present a grievance in writing, either directly or through his committeeman or xxxxxxx, within five (5) working days from the date of his discharge or indefinite suspension. Such grievance shall be lodged at Step No. of the grievance procedure. The Company shall furnish the Union with copies of written warnings, suspensions, and discharges. In the case of termination, the Plant Chairperson or his designate will be advised no later than his next regular shift. An employee's committeeman or xxxxxxx shall be in attendance when he is to be formally disciplined. The Company agrees to remove any discipline notation from the employee's record eighteen (18) months after the giving of such discipline notation unless within the two-year period the misconduct giving rise to the discipline notation is repeated, in which case the two-year period referred to above is waived. Such removed notation will not be cited or relied upon subsequently. A grievance relating to the same issue and providing the circumstances are similar pertaining to two or more employees will be considered a group grievance and subject to the grievance procedure. Union policy grievances will be limited to grievances which claim incorrect interpretation or administration of the agreement which may affect the collective interests of the bargaining unit and grievances lodged by the Company may be raised by either xxxxx by notifying the other in writing with a copy as to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined by nature of the grievance or arbitration within fifteen (15) working days of the incident which gave rise to the grievance. Such grievance will be discussed beginning at the 3rd step of the grievance procedure, or . Should the parties fail to resolve such other settlement as is deemed grievance it may be referred to be just and equitablearbitration. It is understood that it will not be used to by-pass the regular grievance procedure. Written warnings, suspensions, and discharges shall be given three (3) working days from the date of the misconduct. The time limits as outlined in the case of any general allegation grievance procedure may be extended 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedure.mutual agreement. ARTICLE SENIORITY

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference shall take place between the aggrieved employee, who may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record of the grievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, days following the decision of under Step No. a conference grievance shall be held submitted a part of the for a meeting between the aggrieved employee, the Union Xxxxxxx Company's representatives and the Manager or other authorized representative of the Company. A representative members of the Union will attend, if requested by either partynot exceeding five in number. Step NoAn International Representative of the Union may be present at such meeting. The decision of the representatives shall be given in writing within five full working days of the said meeting. Failing a settlement under Step No. of any difference between the parties under Step of the Grievance Procedure arising from the interpretation, application, administration or alleged violation of the this Agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration, arbitration as provided in Article If no written request for arbitration is received within twenty ten working days after the final decision in Step No. under the Grievance is given, it shall be deemed to have been settled or abandoned. 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 Any and all time limits fixed by this Article and Article may at any time be extended by agreement difference arising directly between the Company and the UnionUnion may be submitted by either party at Step No. of the Grievance Procedure and time limits provided thereby shall appropriately apply to both parties. The aggrieved employee may be present during each step of the Grievance Procedure and at Arbitration. When a group of employees has a complaint or grievance it shall first be taken up under Step No. and they may be represented by the appropriate Xxxxxxx and not more than two employees. Any adjustment arising under a settlement through the Grievance Procedure or under a decision of an Arbitration Board shall not be made retroactive prior to the date the matter is first presented under the Grievance Procedure, except as to improper classific- ation or bookkeeping error involving an employee's earnings. All decisions arrived at at, between the representatives of the Company and the Union representatives of the Union, at any step of the written Grievance Procedure, shall be final and binding upon on the Company, the Union and the employee or employees concerned. When The Company shall submit a complaint written reply to each written grievance. Failure of the Union or grievance which affects employees to comply with the rate of pay of an employee is settled time limits in Step and as a resultabove, the employee receives an increase in his rate, such increase shall be paid retroactively considered as acceptance of the last answer given, thus disposing of the grievance. Failure of the Company to comply with the time limits provided in Steps and above shall be considered as refusal of the request involved in the grievance and appeal to the date the error was made or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under next step in the grievance procedure hereinmay be taken. When either party desires additional time within which to properly process a grievance, beginning with additional time within reasonable limits shall be granted by the 2nd Stepother party upon written request. Notice At any step in this grievance procedure, the Executive Board of dismissal the Local Union shall have the final authority in respect to any aggrieved employee covered by this Agreement, to decline to process a grievance, complaint, difficulty or suspensiondispute further if, in the judgement of the Executive Board, such grievance or dispute lacks merit or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of this Agreement to the satisfaction of the Executive Board. Once the aggrieved employee has been notified either by their xxxxxxx or the Union Business Representative that their grievance is being dropped because of lack of merit, the aggrieved employee has fifteen calendar days to appeal that decision by sending a letter to the Union President requesting to appear before the Union Executive Board. Notwithstanding anything contained in this Agreement, the provisions of this Article and the reason thereforeprovisions of Article of this Agreement do not apply to probationary employees, nor shall the provisions of this Article or the provisions of Article of this Agreement be given in writing with a copy available to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 behalf 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedure.probationary employee. ARTICLE

Appears in 1 contract

Samples: Agreement

Step No. I A conference shall take place between If Management's decision at Step No. is not satisfactory, then the aggrieved employee, who grievance may be accompanied by referred to arbitration as herein provided. Management shall give its decision to the Plant Committee within five (5) days following the meeting at Step No. The Union Xxxxxxx, and the Supervisor, at which time a written record of the grievance on a standard form, to Business representative shall be supplied by the Company, shall be submitted and signed by the employeeminutes of all Labour Management Meetings. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of any difference between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as Prior to whether a matter is arbitrable, such difference or question may be taken proceeding to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step Noany grievance may be submitted to a Joint Grievance Commit- tee. is given, it The Grievance Committee shall be deemed to have been settled or abandoned. Saturdayscomposed of two (2) persons, Sundays and plant holidays will not be counted in determining the time within which any action is to be taken or completed in each one (1) of the steps of the Grievance Procedure, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by agreement between the Company and the Union. All decisions arrived at between the representatives of the Company and the Union whom shall be final and binding upon a Manager by the Company, the and one (1) Teamster Union and the employee or employees concerned. When a complaint or grievance which affects the rate of pay of an employee is settled and as a result, the employee receives an increase in his rate, such increase Official who 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined selected by the grievance or arbitration procedure, or such other settlement as is deemed to be just and equitableLocal Union concerned. It is understood that the Company will not select a Manager from the area in which the grievance originated, nor will the Union select an official from the local union involved in the case grievance, but shall be from a Local Union that is signatory to this agreement. A decision of any general allegation the Joint Grievance Committee on the disposition of a grievance shall be deemed to be the settlement of the grievance and binding on the the Union and the Company. Settlements reached by the Union that Joint Grievance Committee shall not be used as precedents. In the Company has violated event the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration in accordance with Each of the parties hereto, will bear the expense of their appointee to the Grievance Committee. The Grievance Committee shall not have the right to alter or change any provisions of the Agreement or substitute any new provisions in this Agreement or substitute any new provisions in lieu thereof, or to give any decision inconsis- tent with the terms and provisions of this Agreement. The Grievance Committee, however, shall have the power to vary or set aside any penalty or discipline imposed relating to the grievance then before the Grievance Committee. Any time limits mentioned in this Article may be extended by mutual agreement, in such a manner writing. is mutually agreed that an individual employee could not rightly process no grievance will be considered, the grievance under this Article the Union may present such allegation alleged circumstances of which originated or occurred more than three (3) days prior to the Company at original presentation, except in the 2nd Step level of the Grievance procedurea grievance regarding wages which shall have a time limit of one (1) full pay period after issuance of pay.

Appears in 1 contract

Samples: Collective Agreement

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Step No. I A conference shall take place between If the aggrieved employeematter is not settled, who may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record then within five (5) working days of the grievance on Executive Director's reply, a standard form, to be supplied by Union Representative may request a meeting with the Company, shall be submitted and signed by Executive Director. In such case the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference meeting shall be held between the aggrieved employeeExecutive Director, a Union Representativeand the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of 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 arbitrable, such difference or question may be taken to arbitration, soon as provided in Article If no written request for arbitration is received within twenty practicably possible but not later than ten (1O) working days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. 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 Any and all time limits fixed by this Article and Article may at any time be extended by 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 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 Executive Director 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 notification the Union that the Company has violated this Agreement, in meeting is desired. If the matter is not disposed of at such a manner that an individual employee could not rightly process the grievance under this Article meeting, and if the Union may present wishes to proceed to arbitration, the Union shall, within ten (10) working days of the date of such allegation meeting but not thereafter, deliver to the Company at a notice in writing stating that it wishes to take the 2nd Step level matter to arbitration. The Notice to Arbitrate shall contain the name and address of the Grievance Union's Proposed Arbitrators and the remedies sought. Thereafter the parties shall confer to select an agreeable arbitrator. The Employer and the Union, recognizing the benefit of proper and timely disclosure prior to arbitration hearings, agree that neither party shall be entitled to raise a preliminary objection for the purpose of disposing of all or part of a grievance without a hearing on the merits unless the other party was provided with notice of the objectionwithin ten (1O) days of the delivery of the Notice to Arbitrate referred to in Articles and above. Without limiting the generality of the foregoing, examples of such preliminary objections include a timeliness objection by the Employer or an objection related to lack of Union representation by the Union. When a dispute involving a question of general applicationor interpretation occurs, or when the Union or the Employer has a grievance, Step of this Article may be and such grievances shall be known as "policy grievances". The policy grievance procedure shall not be used for processing individual grievances. When two or more employees wish to file a grievance arising from the same incident, such grievance may be handled as a "group grievance"and shall be subjectto the normal grievance procedure.

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference Any employee who believes that he has a justifiable griev- ance may discuss and attempt to settle same with his Supervisor or Manager with or without a departmental Xxxxxxx being present, as the employee may elect. Grievances not adjusted in this way within two working days may be appealed to Step No. Step No. Notice of appeal must be given to the Department Manager, by the Chief Xxxxxxx within three (3)working days after receiving the decision of the Supervisor or Manager. Such notice shall take place between consist of a written statement of the grievance in triplicate containing particulars of the inci- dent giving rise to the grievance and shall be signed by the aggrieved employeeemployee and dated as of the date of its submis- sion. The Department Manager or his delegate shall meet with the Chief Xxxxxxx within eight (8)working days, inves- tigate the grievance and attempt to settle it. A written decision shall be given by the Department Manager or his delegate within three (3)working days after the date of such meeting. Grievances not adjusted in Step No. may be appealed directly to Step No. Step No. Notice of appeal must be given in writing within seven (7) working days from the date of the written decision of the Department Manager to the General Manager or designate who shall meet with the Grievance Committee, which may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record an International Representative of the Union, investigate the grievance on a standard form, and attempt to settle it. A written decision shall be supplied given by the CompanyGeneral Manager within ten (10)working days after the date of such meeting. Except as otherwise provided, shall grievances must be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: presented at Step No. Within five full within nine (9) working days, following days from the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative date of the Companyincident giving rise to the grievance. A representative of Grievances not presented within the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of 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 arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it times aforesaid shall be deemed to have been settled or abandoned. 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 considered under the Grievance Procedure, or under Article Any Procedure and all time limits fixed by this Article and Article may at in any time be extended by 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 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 is to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 event are not rightly process the grievance under this Article the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedurearbitrable.

Appears in 1 contract

Samples: Basic Agreement

Step No. I A conference shall take place between the aggrieved employee, who may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record of the grievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference meeting shall be held between the aggrieved employeeGrievance Committee and the Plant Manager the Plant Capabilities Leader, Human Resources Manager, and Department Manager. At this meeting, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative National Representative of the Union will attend, or his or her nominee may be present if such presence is requested by either partythe Company or the Union. Step No. Failing If the grievance is not settled to the satisfaction of both parties within a settlement under Step No. period of five working days or within any difference between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question longer period as to whether a matter is arbitrable, such difference or question may be taken mutually arranged at the time, then at the request of either party to this agreement the grievance may be referred to: mediation, if both parties agree; arbitration, . All times as provided set out in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. 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 Any Mediation, and all time limits fixed by this Article and Article Arbitration may at any time be extended by mutual agreement between the Company and the Union, in writing. All decisions arrived at between If either mediation and /or arbitration is to be invoked, the representatives request for either mediation and /or arbitration must be made in writing within ten working days after the grievance has been dealt with in Step No. after which the party seeking mediation or arbitration shall, within ten working days, contact the mediator or arbitrator, as the case may be, requesting a date for a hearing. The mediator must be selected by mutual agreement of the Company and the Union. In the event that a mutually acceptable mediator cannot be selected, the grievance will be forwarded to arbitration. The Company and the Union will bear the expenses of the mediator in equal shares. Disputes which are carried to the arbitration stage shall normally be heard before a single arbitrator. The parties have expressed confidence in the ability of the under-mentioned persons, and agree that they shall be final called to arbitrate on a rotation basis and binding upon in order of their listing: Xxx Xxxxxxxxx Xxxx Xxxxx Xxxxxx Xxxxx Xxxxxx Xxxxx Xxxx Xxxxxxx If it is not possible to schedule an arbitration date with the Companyarbitrator who is next called to arbitrate within sixty (60) days from the request for a hearing, the Union and parties shall move to the employee or employees concernedfirst available arbitrator on the list. When The first available date shall be the scheduled date for the hearing. Notwithstanding foregoing, no arbitrator will be called to resolve more than one grievance in a complaint or grievance which affects row. If the rate order of pay of an employee rotation is settled and as bypassed in this manner for a resulthearing, the employee receives an increase in parties agree to resume the rotation order, starting with the arbitrator who would have been called but for his rateunavailability, such increase shall be paid retroactively to for the date the error was made or such other date as next hearing that may be agreed uponarise. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is to be filed, file such written grievance with the Company within five days none of the suspension or dismissal. The dismissal or suspension shall then be dealt with under arbitrators listed above is available within the grievance procedure herein60-day time frame, beginning with the 2nd Step. Notice of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined parties may choose an arbitrator 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance proceduremutual agreement.

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference The aggrieved employee or alternate must submit the grievance in writing to the Manager of Plant Operations or Manager of Plant Maintenance and Construction who shall take place between consider it in the presence of the aggrieved employeeemployee and/or the Grievance and the Supervisor and render a decision in writing. Grievance Committee shall be present at this stage. Should no satisfactory to the employee be reached within five working days, who the next step in the grievance procedure may be accompanied taken at any time within five working days thereafter. The aggrieved employee or alternate shall submit the grievance in writing to the Superintendent of and Educational Resources. The Grievance shall be present at this stage. aggrieved employee's supervisor and/or the Manager of Plant Operations or Manager of Plant and Construction may be present if required by the Union XxxxxxxSuperintendent of Human and Educational Resources designate. If a final settlement of the grievance under hereof is not completed within ten working days after deliberations have commenced, the grievance may be referred by either party to Arbitration as provided in ARTICLE hereof. In the event of the reinstatement, through the grievance procedure, of an employee who has been suspended or discharged, such employee shall be reinstated to the employee's former position without loss of seniority and shall receive the regular salary, premium, pay and Board paid benefits, but shall not receive overtime or pay for the period of suspension or discharge. ARTICLE Both parties to this Agreement agree that any dispute or grievance con- cerning the interpretation or alleged violation of this Agreement which has been properly carried through all the steps of the grievance procedure outlined in ARTICLE VI, and which has not been settled, may be referred to a Board of Arbitration and where both parties agree, a single Arbitrator may be substituted for an Arbitra- tion Board. In the case of a single Arbitrator, the parties shall endeavour to agree on the selection of an Arbitrator, and in the event that they fail to do so, the of Labour will be asked to nominate an Arbitrator in accordance with the provision in The Board of Arbitration will be of one person appointed by the Employer, one person appointed by the Association and a third person to act as Chairperson, chosen by the other two members of the Board. Within five working days of the request by either party for a Board, each party shall notify the other of the of the appointee. Should the person chosen by the to act on the Board and the person chosen by the Association fail to agree on a third person within seven days of the notifi- cation mentioned in the Minister of Labour for the Province of Ontario will be asked to appoint a Chairperson forthwith. The decision of a Board of Arbitra- tion, or a majority thereof, constituted in the above manner, shall be final and binding on both parties. If there is no majority decision, then the decision of the Chairperson shall govern. The Board of Arbitration shall not have any to alter or any of the provisions of this Agree- ment or to substitute any new pro- visions for any existing provisions. Each of the parties to this Agree- ment will bear the expenses of the Arbitrator appointed by it and of its witnesses; and the parties will jointly bear the expenses of the Chairperson. No person shall be selected as Arbitrator who has been directly involved in attempts to negotiate or settle the grievance. The Association agrees that, during the term of this Agreement, there will be no strike, picketing, slowdown or stoppage of work, and the SupervisorEmployer agrees that there will be no lockout. "Strike" and "lockout" shall be as defined in the Relations Act. The Employer shall have the right to discharge or otherwise discipline employees who take part in or instigate any strike, picketing, stoppage or slowdown. It is understood that the Employer may bring forward, at which time a written record any meeting held with the Association Grievance any complaint with respect to conduct of the grievance on Association, its officers or members, or any com- plaint that a standard form, to be supplied contractual obli- gation undertaken by the CompanyAssociation has been violated, shall be submitted and signed that, if such complaint by the Employer is not settled to the mutual satisfacton of the conferring parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of an employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference shall be held Should any difference arise between the aggrieved employee, the Union Xxxxxxx Employer and the Manager or other authorized representative of Association as to the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of any difference between the parties arising from the interpretation, application, administration interpretation or alleged violation of the Agreementprovisions of this Agreement affecting the Association as such, including any question as the Association shall have the right to whether a matter is arbitrablebring forward, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have been settled or abandoned. 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 Any and all time limits fixed by this Article and Article may at any time be extended by 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 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 is to be filed, file such written grievance meeting held with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure hereinprocedure, beginning with any such complaint. If such complaint is not .settled to the 2nd Stepsatisfaction of the conferring parties, it may be treated as a grievance and referred to arbitration in the same way as the grievance of an employee. Notice of dismissal or suspension, and the reason therefore, No such grievance shall be given in writing filed with a copy respect to the Union on same subject matter that is already the subject of a grievance filed an under ARTICLE VI, nor shall any grievance be filed by an with respect to the same date. If subsequently it subject matter that is decided that already the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and compensated for such time lost as is determined subject of a grievance filed 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 Association under this Article the Union may present such allegation to the Company at the 2nd Step level of the Grievance procedure.this

Appears in 1 contract

Samples: negotech.labour.gc.ca

Step No. I Within three (3) working days after the decision in Step No. is given, the griever, who shall have the assistance of the Grievance Committee, may submit the grievance in writing to the Group President or his designate. A conference shall take place meeting will then be held within five (5) working days between the aggrieved employee, who may be accompanied by the Union XxxxxxxGroup President or his designate, and the SupervisorGrievance Committee (which the Company may restrict to not more than two (2) members at the meeting) and the President or his designate, or the Association shall be present at which time a written record the request of either the Company or the Association. The decision of the grievance on a standard formGroup President or his designate shall be delivered in writing within seven (7) working days. It is understood that the Group President or his designate, to and the Grievance Committee of the Association may have such council and assistance as they may desire at any such meeting. All decisions arrived at between the Company and the Association shall be supplied by final and binding upon the Company, shall be submitted and signed by the employeeAssociation and the employee or employees concerned. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, if requested by either party. Step No. Failing a settlement under Step No. of the foregoing procedure or any difference grievance between the parties arising from the interpretation, application, administration or alleged violation of the Agreement, including any question as to whether a matter is arbitrable, such difference or question grievance may be taken submitted to arbitration, arbitration as provided in Article hereinafter provided. If no written request for arbitration is received within twenty days one (1) month after the decision in under Step No. is given, it the grievance shall be deemed to have been settled or abandonedsettled. Saturdays, Sundays and plant holidays will not be counted in determining Where no written answer has been given within the time within which any action is limit specified, the grievance may be submitted to be taken or completed in each the next step of the steps of the Grievance Procedureforegoing ure, or under Article Any and all time limits fixed by this Article and Article may at any time be extended by agreement including arbitration I (a) It is agreed that a grievance arising directly between the Company and the UnionAssociation shall be originated under Step No. All decisions arrived at between the representatives of the Company and the Union time limits set out with respect to that step shall appropriately apply. It is understood, however, that the provisions of this Section may not be final and binding upon the Company, the Union and the used with respect to a grievance directly affecting an employee or employees concernedand that the regular grievance procedure shall not be thereby by-passed. When Where a complaint number of employees have the same grievance and each employee would be entitled to grieve separately, they may present a group grievance in writing signed by each employee at Step No. of the grievance procedure within three (3) days following the occurrence or origination of the circumstances giving rise to the grievance. The grievance which affects shall then be treated as having been initiated at Step No. of the rate grievance procedure and the applicable provisions of pay of an employee is settled and as a result, this agreement shall then apply. I No adjustment effected under the employee receives an increase in his rate, such increase Grievance Procedure or Arbitration Procedure shall be paid retroactively made retroactive prior to the date the error grievance was made formally discussed or such other date as may be agreed upon. If an employee with seniority is dismissed or suspended for any reason and feels he has been unjustly dealt with, he may inform his xxxxxxx who shall, if a grievance is presented to be filed, file such written grievance with the Company within five days of the suspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, beginning with the 2nd Step. Notice Grievance Procedure except in matters of dismissal or suspension, and the reason therefore, shall be given in writing with a copy to the Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or suspended, he shall be reinstated in his former job and 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 equitableclerical errors affecting an employee's pay. It is understood agreed that if there is a period of twelve (12) months since the last disciplinary notice, the previous disciplinary notice shall be removed from the employee's Personnel file. However, it is agreed that should there not be a twelve (12) month period between disciplinary notices, then all such notices shall remain in the case employee's Personnel file. It is also agreed that any continuous absence of any general allegation by the Union that the Company has violated this Agreement, in such one (Im)onth or more to a manner that an individual employee could maximum of six (6) months will not rightly process the grievance under this Article the Union may present such allegation to the Company at the 2nd Step level count as part of the Grievance proceduretwelve (12) month period.

Appears in 1 contract

Samples: Agreement

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

Appears in 1 contract

Samples: Collective Agreement

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

Appears in 1 contract

Samples: Collective Agreement

Step No. I A conference The aggrieved employee or a Union Representative may present his signed grievance (which shall take place between be reduced to writing on a form supplied by the Union and approved by the Company) to the Division Head concerned who shall consider it the presence of the and a member the Grievance Committee, and the immediate Supervisor within O full working days if possible. The Division Head shall render his decision in writing working days of the interview or any longer period which may be mutually agreed upon. no satisfactory settlement is reached, the next step the grievance procedure may be taken at any time within working days thereafter. Step The aggrieved employeeemployee may submit his grievance in writing to the full Grievance Committee of the Union. The Grievance Committee of the Union shall meet within working clays with the of Transportation and the Commissioner of Human Resources, who or their representatives, to consider the grievance. At this they may be accompanied by the Union Xxxxxxx, and the Supervisor, at which time a written record of the grievance on a standard form, to be supplied by the Company, shall be submitted and signed by the employee. Failing a settlement within not more than three full working days, then: Step No. Within five full working days, following the decision of Step No. a conference shall be held between the aggrieved employee, the Union Xxxxxxx and the Manager or other authorized representative of the Company. A representative of the Union will attend, International organization if his presence is requested by either party. Step NoIf final settlement of the grievance is not completed within working days after deliberations with the of or his representative, have commenced and if the grievance is one which the interpretation or of the agreement, the grievance may be referred by either party to a Board of Arbitration as provided in Article below, any within working days after a decision been reached but not later. Failing a settlement under Step NoFor the submission of grievances as provided above, working days shall be as the days on which the Company's Head is open to the public for transaction of regular business, otherwise days are calendar days. of ARTICLE Both parties to this agreement agree any difference between dispute or grievance concerning the parties arising from the interpretation, application, administration interpretation or alleged violation of the Agreementthis agreement, including any question as to whether a matter is arbitrable, such difference or question may be taken to arbitration, as provided in Article If no written request for arbitration is received within twenty days after the decision in Step No. is given, it shall be deemed to have which has been settled or abandoned. 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 properly carried through all the steps of the Grievance Proceduregrievance procedure outlined in Article above, or under Article Any and all time limits fixed by this Article and Article may which has not been settled, will be referred to a Board of Arbitration at any time be extended by agreement between the Company and the Union. All decisions arrived at between the representatives of of the Company and the Union shall parties hereto. Board of will be final and binding upon composed of person appointed by the Company, and person appointed by the Union Union, and a third person to act as chairperson chosen by the employee or employees concernedother members of the Board. 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 is to be filed, file such written grievance with the Company within five Within days of the suspension or dismissalrequest by either party for a Board, each party shall notify the other of the name of its appointee. the person chosen by the Company to act on the Board and the person chosen by the Union, fail to agree on a person within days of the notification mentioned in above, the Minister of Labour of Province of Ontario will be asked to nominate the chairperson. The dismissal or suspension Board of Arbitration constituted in the above manner shall then be dealt with under the grievance procedure herein, beginning deal only with the 2nd Step. Notice of dismissal or suspensionmatter in dispute, and the reason therefore, or majority decision of said Board shall be given in writing binding on both The Board of Arbitration shall not have any power to or change any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with a copy the terms and provisions of this agreement. Each of the to this agreement will bear the Union on expenses of the same datearbitrator appointed by it; and the parties will jointly bear the expense, if any, of the chairperson. If subsequently it is decided that the employee was unjustly dismissed or suspended, he No person shall be reinstated selected as arbitrator who has been directly involved in his former job and compensated for such time lost as is determined by attempts to negotiate or settle 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 the Union may present such allegation to the Company at the 2nd Step level of the Grievance proceduregrievance.

Appears in 1 contract

Samples: negotech.labour.gc.ca

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