Common use of Step No Clause in Contracts

Step No. If the decision of the immediate xxxxxxx is not acceptable to the employee, 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 held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 grievance procedure may be extended by mutual agreement. ARTICLE SENIORITY

Appears in 1 contract

Samples: Collective Agreement

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Step No. If the decision of Union and the immediate xxxxxxx is Company cannot acceptable to the employeereach a settlement, he may appeal the decision to the Human Resources Manager or his designated representativeeither party may, within two thirty (2) working days from the date that he received the decision from his immediate xxxxxxx. The third step grievance meeting will be held within working 30)calendar days of the receipt of reply given in Step No. submit the grievance duly initialled to Arbitration by the Plant Chairperson or his designatenominating an Arbitrator. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union These time limits may be present at this meetingextend- ed, with mutual agreement. Employees hours will 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 timeSTEP NO. In the event that arbitration of a grievance is desired by either partyWithin fifteen (15) days thereafter, then the other party shall be notified in writing not later than twenty (20) working days after receipt 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 answer Board. If agreement cannot be reached in Step Norespect to the appointment of the Chairman of the Board of Arbitration, the matter shall be referred to the appropriate GovernmentAgency. Either 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 notify an arbitrator ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not processit from the following list of arbitrators and a copy of the notice will be given one Step to the other party. Such arbitrators will next within the time limits set out then the grievancewill be selected on a rotation basis unless mutually agreed otherwise considered to have been dropped by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of party instituting the grievance. If the Company fails to answer the grievance responding party does not respond within the time limits of the Grievance Proce- dure, then the grieving party may process the grievance may be processed to the next step. If a No matter may be submitted to Arbitration which has not been properly carried through all previous steps of the grievance is not processed within Procedure, except in the time limits by case of terminations where the Union then the Grievance Procedure will commence at Step No. and such grievance will be considered droppedsubmitted directly to the Vice President, Operations Department. A discharged or indefinitely suspended employee, other than The Union Business Representative and the Company Re- gional Director may by mutual agreement have a probationary employee, Step Meeting to discuss the termination during the ten (10) day period. Any agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the par- ties such other evidence as is relevant to its determination of the 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 employees. The expense of the Chairman of the Board shall be borne equally by the parties to the Arbitration. It is 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 an opportunity to explain twelve (12) consecutive months with no unsatisfactory conduct documentation on file, the circumstances company agrees it will not use such past documentation when addressing future discipline. Suspen- sions 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 more 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 remain for eighteen (18) months after months, as described above. The Employer will, upon writ- ten request by the giving employee, provide the employees’ home store with a complete copy of their personnel file which may be viewed in the presence of the Store Manager. The Union acknowledges that the stewards have their regular duties to perform and that such discipline notation unless within persons will not leave their regular duties without receiving permission from the two-year period the misconduct giving rise to the discipline notation is repeatedStore Manager or appointee, in which case the two-year period referred to above is waived. Such removed notation permission 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 misconductunreasonably withheld. The Company will compensate such Xxxxxxx at their regular straight time limits as outlined in hourly rate for time spent servicing complaints or grievances hereunder during their regular hours within the grievance procedure may be extended by mutual agreement. ARTICLE SENIORITYstore.

Appears in 1 contract

Samples: Article Vacations

Step No. If the decision supervisor does not settle the matter to the satisfaction of the immediate xxxxxxx employee within five working days after the grievance has been submitted to him under the provisions of Step No. hereof, the employee and Xxxxxxx may take up the matter directlywith the Superintendent. STEP NO. If a settlement satisfactory to the employee is not acceptable 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 employee, he may appeal the decision Union Grievance Committee with a copy 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 xxxxxxxCompany. The third step Union Grievance Committee will then meet to discuss grievance meeting will be held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working Company no later than ten calendar days following the date of the Company response to the Step No. meeting. The and a National A staff representative of the Union may shall be present at this meetingthe request of either the Company or the Union. Employees hours will be altered All decisions arrived at by agreement between the representative, or representatives of the Company, and the Union Grievance Committee with respect 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 partygrievances, then the other party shall be notified made in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators writing, and a copy of the notice will shall be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by and binding upon the Company and the Union. In It is understood that no grievance be considered where the event circumstances giving rise to it occurred or originated more than five calendar days before the filing of the retirement grievance. The discharge of one 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 nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator shall not have jurisdiction answer 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 as to the nature of the grievance 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, addressed to the other party to the Agreement. Should 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 fail may submit more proposed Arbitrators or request the Ministry of Labour to resolve 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 it 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 referred made to arbitrationpermit 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 it will not the vacation period shall be used between July 1st and September 1st of each year, but no more than two employees to bybe 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-pass 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 grievance procedurestraight time hourly rate, whichever is greater. Written warningsAt all times, suspensionsthe 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 discharges shall promptly remit same to the Union together with a list ‘of employees whose dues are being so deducted, with a copy to the President. The employee may authorize the Company 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 given three (3) working days 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 date administration of the misconduct. The time limits as outlined in the grievance procedure may be extended by mutual agreement. ARTICLE SENIORITYArticle of this Agreement.

Appears in 1 contract

Samples: Collective Agreement

Step No. If the decision of the immediate xxxxxxx is not acceptable to the employeefifteen (15) days thereafter, 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 held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt 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 answer Board. If agreement cannot be reached in Step No. Either party may notify an arbitrator from respect to the following list of arbitrators and a copy appointment of the notice will Chairman of the Board of Arbitration, the matter shall be given referred to the other partyappropriate Government Agency. Such arbitrators will No person involved directly in the controversy under consideration shall be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event member of the retirement Board of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of the grievanceArbitration. If the Company other party fails to answer nominate an Arbitrator, the party may ask the appropriate Government Agency to make the appointment If the party filing a grievance does not process it from one Step to the next within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union set out above, then the grievance will be considered droppedto have been dropped by the party instituting the grievance. A discharged or indefinitely suspended employeeIf the responding party does not respond within the time limits of the Grievance Procedure, other than a probationary employeethen 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, shall be given an opportunity to explain except in the circumstances case of his discharge or indefinite suspension to his Committeeman or xxxxxxx before leaving where 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 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 agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such material evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the grievance procedureissues 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 Company shall furnish findings and decisions of the Union with copies Board 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 Arbitration on all arbitrable questions shall be in attendance when he is to be formally disciplinedbinding and enforceable on the parties and the employees. The Company agrees expense of the Chairman of the Board shall be borne equally by the parties to remove the Arbitration. It is 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 interruption of normal operations as a result of any discipline notation from grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the employee's record provisions in this Article. When an employee has given eighteen (18) consecutive months after with no unsatisfactory conduct documentation on file, the giving of company agrees it will not use such discipline notation unless within the two-year period the misconduct giving rise past documentation when addressing future discipline. An employee may request to the discipline notation is repeated, in which case the two-year period referred to above is waived. Such removed notation see their personnel file and such request 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 grievance procedure may be extended by mutual agreement. ARTICLE SENIORITYdenied.

Appears in 1 contract

Samples: Collective Agreement

Step No. If The aggrieved employee or alternate must submit the decision grievance in writing to the Manager of Plant Operations or Manager of Plant Maintenance and Construction who shall consider it in the presence of the immediate xxxxxxx is not acceptable to aggrieved employee and/or the employee, he may appeal Grievance and the Supervisor and render a 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 xxxxxxxin writing. The third step grievance meeting will be held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative Grievance Committee shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meetingstage. Employees hours will Should no satisfactory to the employee be altered to accommodate reached within five working days, the next step in the grievance meeting schedule procedure may be 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 employees will be required to work both before and after the meeting up until their revised quitting timeEducational Resources. In the event that arbitration of a grievance is desired by either party, then the other party The Grievance shall be notified in writing 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 Superintendent of Human and Educational Resources designate. If a final settlement of the grievance under hereof is not later than twenty (20) completed within ten working days after receipt of deliberations have commenced, the answer grievance may be referred by either party to Arbitration as provided in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the UnionARTICLE hereof. In the event of the retirement reinstatement, through the grievance procedure, of one 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 Company’s nomineesgrievance procedure outlined in ARTICLE VI, Xxxx Xxxxxxx shall and which has not been settled, may be substitutedreferred 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 retirement of one Board. Within five working days of the Union’s nomineesrequest by either party for a Board, Xxx Xxxxxxxxx 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 substitutedfinal and binding on both parties. Xxxxxx Xxxxx G Xxxxx If there is no majority decision, then the decision of the Chairperson shall govern. The arbitrator Board of Arbitration shall not have jurisdiction any to alter or change any of the provisions of this agreement, Agree- ment or to substitute any new provisions in lieu thereof, or to give pro- visions for any decision inconsistent with the terms and provisions of this agreement, or to deal with any matter not covered by this agreementexisting provisions. 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 Each of the arbitrator. The parties shall equally share to this Agree- ment will bear the fee and expenses of the arbitratorArbitrator appointed by it and of its witnesses; and the parties will jointly bear the expenses of the Chairperson. No grievance person shall be considered if the alleged circumstances of the grievance occurred more than fifteen (15) working days prior selected as Arbitrator who has been directly involved in attempts to the submission of negotiate or settle the grievance. If The Association agrees that, during the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance term of this Agreement, there will be considered droppedno strike, picketing, slowdown or stoppage of work, and the Employer agrees that there will be no lockout. A discharged or indefinitely suspended employee, other than a probationary employee, "Strike" and "lockout" shall be given an opportunity as defined in the Relations Act. The Employer shall have the right to explain the circumstances of his discharge or indefinite suspension to his Committeeman otherwise discipline employees who take part in or xxxxxxx before leaving the plant. Such discharged instigate any strike, picketing, stoppage 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitrationslowdown. It is understood that the Employer may bring forward, at any meeting held with the Association Grievance any complaint with respect to conduct of the Association, its officers or members, or any com- plaint that a contractual obli- gation undertaken by the Association has been violated, and that, if such complaint by the Employer is not settled to the mutual satisfacton of the conferring parties, it will not may be used treated as a grievance and referred to by-pass arbitration in the regular same way as the grievance of an employee. Should any difference arise between the Employer and the Association as to the interpretation or alleged violation of the provisions of this Agreement affecting the Association as such, the Association shall have the right to bring forward, at any meeting held with the under the grievance procedure, any such complaint. Written warningsIf such complaint is not .settled to the satisfaction of the conferring parties, suspensions, it may be treated as a grievance and discharges referred to arbitration in the same way as the grievance of an employee. No such grievance shall be given three (3) working days from filed with respect to the date 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 misconduct. The time limits as outlined in same subject matter that is already the subject of a grievance procedure may be extended filed by mutual agreement. ARTICLE SENIORITYthe Association under this

Appears in 1 contract

Samples: negotech.labour.gc.ca

Step No. If The aggrieved employee or a Union Representative may present his signed grievance (which shall be reduced to writing on a form supplied by the decision 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 xxxxxxx is not acceptable to the employee, he may appeal the decision to the Human Resources Manager or his designated representative, Supervisor within two (2) O full working days from the date that he received the decision from his immediate xxxxxxxif possible. The third step grievance meeting will be held within Division Head shall render his decision in writing working days of the receipt 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 employee 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, or their representatives, to consider the grievance. At this they may be accompanied a representative of the International organization if his presence is requested by either party. If final settlement of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing is not completed within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt deliberations with the of or his representative, have commenced and if the grievance is one which the interpretation or of the answer agreement, the grievance may be referred by either party to a Board of Arbitration as provided in Step NoArticle below, any within working days after a decision been reached but not later. Either party may notify an arbitrator from For the following list submission of arbitrators 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. ARTICLE Both parties to this agreement agree 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 be referred to a Board of Arbitration at the of of the parties hereto. Board of will be composed of person appointed by the Company, and person appointed by the Union, and a copy third person to act as chairperson chosen by the other members of the notice will be given to Board. Within days of the request by either party for a Board, each party shall notify the other partyof the name of its appointee. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise the person chosen by the Company to act on the Board and the person chosen by the Union. In the event , fail to agree on a person within days of the retirement notification mentioned in above, the Minister of one Labour of Province of Ontario will be asked to nominate the Company’s nomineeschairperson. The Board of Arbitration constituted in the above manner shall deal only with the matter in dispute, Xxxx Xxxxxxx and the or majority decision of said Board shall be substituted. In the event binding on both The Board of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator Arbitration shall not have jurisdiction any power to alter or change any of the provisions of this agreement, agreement or to substitute any new provisions in lieu thereoffor any existing provisions, or nor 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 Each of the arbitrator. The parties shall equally share to this agreement will bear the fee and expenses of the arbitratorarbitrator appointed by it; and the parties will jointly bear the expense, if any, of the chairperson. No grievance person shall be considered if the alleged circumstances of the grievance occurred more than fifteen (15) working days prior selected as arbitrator who has been directly involved in attempts to the submission of negotiate or settle the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 grievance procedure may be extended by mutual agreement. ARTICLE SENIORITY.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Step No. If the decision of the immediate xxxxxxx is not acceptable to the employee, 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 A meeting will shall be held within working days of between the receipt of the grievance duly initialled by Grievance Committee and the Plant Chairperson or his designate. The Manager the Plant Capabilities Leader, Human Resources Manager, and Department Manager. At this meeting, the National Representative of the Union or his designated representative shall arrange or her nominee may be present if such presence is requested by either the Company or the Union. If the grievance is not settled to the satisfaction of both parties within a meeting with period of five working days or within any longer period as may be mutually arranged at the bargaining committee 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 set out in the Grievance Procedure, Mediation, and he shall give his answer Arbitration may be extended by mutual agreement between the Company and the Union, in writing. If either mediation and /or arbitration is to be invoked, the request for either mediation and /or arbitration must be made in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) ten working days after receipt of the answer grievance has been dealt with in Step No. Either after which the party seeking mediation or arbitration shall, within ten working days, contact the mediator or arbitrator, as the case may notify an arbitrator from the following list of arbitrators and be, requesting a copy of the notice will be given to the other partydate for a hearing. Such arbitrators will The mediator must be selected on a rotation basis unless mutually agreed otherwise 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 retirement of one of mediator in equal shares. Disputes which are carried to the Company’s nominees, Xxxx Xxxxxxx arbitration stage shall normally be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 heard before a single arbitrator. The parties shall equally share have expressed confidence in the fee and expenses ability of the arbitrator. No grievance under-mentioned persons, and agree that they shall be considered if called to arbitrate on a rotation basis and 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 alleged circumstances of arbitrator who is next called to arbitrate within sixty (60) days from the grievance occurred request for a hearing, the parties shall move to the first available arbitrator on the list. The first available date shall be the scheduled date for the hearing. Notwithstanding foregoing, no arbitrator will be called to resolve more than fifteen (15) working days prior to the submission of the grievanceone grievance in a row. If the Company fails order of rotation is bypassed in this manner for a hearing, the parties agree to answer resume the grievance rotation order, starting with the arbitrator who would have been called but for his unavailability, for the next hearing that may arise. If none of the arbitrators listed above is available within the 60-day time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 terminationframe, 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 parties 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 grievance procedure may be extended choose an arbitrator by mutual agreement. ARTICLE SENIORITY.

Appears in 1 contract

Samples: Collective Agreement

Step No. If the decision of the immediate xxxxxxx written reply is not acceptable satisfactory to the employeeUnion, he may appeal the decision to the Human Resources Manager or his designated representative, then there shall be a meeting within two five (25) working days from the date that he received the decision from his immediate xxxxxxx. The third step grievance meeting will be held within working days of the receipt of the grievance duly initialled written reply. The meeting will include the a Union committee, a full-time representative of the Union, if requested by either party, the Plant Chairperson supervisor and the Chief Executive Officer or his designate. The Human Resources Manager, or his designated representative A written decision shall arrange a meeting with be given to the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will be altered to accommodate If this decision does not resolve the grievance meeting schedule and employees will then any request for arbitration must 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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, 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 from of the date of his discharge or indefinite suspension. Such grievance shall be lodged occurrence at Step No. of the grievance procedure. The Company matter shall furnish proceed from there, including arbitration if necessary. COLLECTIVE AGREEMENT Toronto Zoo Local 7600-Main Page Any of the Union with copies time limits set out above may be extended by mutual agreement between the parties involved. For purposes of written warningsthis article, 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 working days shall be in attendance when he is Monday to be formally disciplinedFriday inclusive. The Company agrees Copies of all written replies Management related 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 as to the nature of the grievance 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, shall be forwarded to the Secretary of the Union. Should A copy will also be sent to the parties fail Chief Shop Xxxxxxx. It is understood by both the Union and Management that they may mutually agree to resolve such refer a grievance it may be referred to mediation prior to proceeding to arbitration. It is understood that it the costs of the mediation will not be on an equal cost-sharing basis. Where a difference arises between the parties relating to the interpretation, application or administration of this Collective Agreement, including any question as to whether a matter is arbitrable, 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 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 applicable from time-to-time, in order to expedite 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, the appointment of an arbitrator shall be made by the Ministry of Labour for Ontario upon the request of either party. The arbitrator shall hear and determine the difference or allegation and shall issue a decision which shall be final and binding upon the parties affected by it. If either party requests that a board of arbitration be used to by-pass the regular grievance procedure. Written warningsinstead of an arbitrator, suspensions, and discharges then a board shall be given three (3) working days from the date of the misconductset up. The time limits 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 board of arbitration or the arbitrator shall have the power to dispose of a grievance procedure may be extended by mutual agreementany arrangement which it deems just and equitable. ARTICLE SENIORITYCOLLECTIVE AGREEMENT

Appears in 1 contract

Samples: Collective Agreement

Step No. If I 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 be in writing on a grievance form approved by the Board and the Union and shall include the nature of the grievance, the remedy sought, and the section or sections of the Agreement which are alleged to have been violated; failing settlement, the immediate Manager shall deliver a decision in writing within five working days following the presentation of the grievance. Failing settlement: STEP NO. 2 Within three working days after the decision in Step No. 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 following the presentation of the immediate xxxxxxx grievance. The assistance of the Grievance Committee may be requested by either the or the employer. It is not acceptable 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. 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 employee, he may appeal the decision to the Human Resources Manager Chief Executive Officer or his designated representative, within two (2) working days from the date that he received the decision from his immediate xxxxxxxdesignate. The third step grievance A meeting will then be held within working days between the Chief Executive or designate and the Grievance Committee and an accredited representative of the receipt Union shall be present at the request of either the Board or the Union. The decision of the grievance duly initialled by the Plant Chairperson Chief Executive Officer or his designate. The Human Resources Manager, or his designated representative designate shall arrange a meeting with the bargaining committee and he shall give his answer be delivered in writing within five (5) seven working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitrationdays. It is understood that it will the Chief Executive or designate may have such counsel and assistance as may be desired at any such meeting. Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten working days after the decision under Step No. is given, the grievance shall be deemed to have been 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 that the regular Grievance Procedure shall not be used to by-pass the regular grievance procedure. Written warningsthereby any clerical or other error of a similar nature, suspensions, and discharges shall be given three (3) working days from the date of the misconduct. The time limits as outlined in the grievance procedure may be extended by mutual agreement. ARTICLE SENIORITYinvolving an employee’s salary.

Appears in 1 contract

Samples: Collective Agreement

Step No. If Shouldeither the Company or the Union desire to appeal any decision of the immediate xxxxxxx is not acceptable to the employee, 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 held within working days of the receipt of arrived at on the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either they shall advise party may notify an arbitrator from the following list of arbitrators and a copy their intentions within seven (7)working days of the notice 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 given entertained that ARTICLE continued has not been processed according to the other partyprocedure defined in Article or that is presented to the immediate supervisor more than seven (7) days, excluding regular days off and holidays, after the date the complaint or grievance first arose. Such arbitrators will It is agreed that when an employee grievance involving suspension or discharge is submitted to the imme- diate supervisor, it shall proceed Step No. of the complaint and grievance procedure. At any stage of the above procedure, the shall have the right to be selected on a rotation basis unless mutually agreed otherwise by 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 Company and Union Committee or stewards as to the Union. In the event interpre- tation or application of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator shall not have jurisdiction to alter or change any of the provisions of this agreementAgreement, or to substitute any new provisions should either party allege that the other has violated this Agreement, the matter will be submitted in lieu thereof, or to give any decision inconsistent writing and dealt 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 same manner as Step No. of the grievance procedure. The Company shall furnish It is agreed that the Union with copies settlement 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. It is understood that it will shall not be used retroactive for more than thirty (30) days prior to by-pass the regular grievance procedure. Written warnings, suspensions, and discharges shall be given three (3) working days from the date of the misconductwritten presentationto the supervisor as provided inArticle above. The time limits In case of an undisputed error as outlined 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 grievance procedure rate that an employee was paid. there will be no cap on retroactivity. however, there IS a dispute and an Arbitrator, for example, awards a settlement to the the Company may be extended by mutual agreement. ARTICLE SENIORITYexercise its right under this Article, to place a 30-day cap on the amount it pays.

Appears in 1 contract

Samples: negotech.labour.gc.ca

Step No. If Within two working days after the decision of the immediate xxxxxxx is not acceptable to the employee, he may appeal 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 be considered at a meet- ing of the Union Grievance Committee and if unresolved, shall be taken up at a meeting between the Zone Xxxxxxx and the with the Department Manager, the Co-ordinator. If the Grievance is not settled within working days, or 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 NO. A meeting shall be held between the Xxxx- xxxxx Committee and the Plant Manager the Operations Services Manufacturing Manager, Human Resources Manager Manager, an Department Manager. At this meeting the Business Agent of the Union or his designated representative, nominee may be present if his presence is requested by either the Compa- ny or the Union. If the grievance is not there settled to the satisfaction of both parties within a period of two (2) working days from or within any longer period as may be mutual- ly arranged at the date that he received time, then at the decision from his immediate xxxxxxxrequest of either party to this agreement the xxxx- xxxxx may be referred to arbitration. The third step grievance meeting will All times as set out in the Grievance Procedure and Arbitration may be held within working days of extended by mutual agreement between the receipt of Company and the grievance duly initialled by Union, in writing. If arbitration is to be invoked, the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer 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 following thereafter the date 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 meetingparties hereto will bear the ex- penses of the appointed by it, and the 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 and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator Arbitration Board shall not have jurisdiction he author- ized to alter or change any of the provisions of this agreement, or to substitute any new provisions in lieu thereof, or to give make any decision inconsistent with the terms and provisions of this agreementagreement nor to alter, modify or to deal with amend any matter not covered by 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 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 proceedings of the arbitrator. The Arbitration Board will be expedited by the parties shall equally share hereto, and the fee and expenses decision of the arbitratormajority of such Board will be final and binding upon the parties hereto. No grievance shall be considered if the alleged circumstances At any stage of the grievance occurred more than fifteen (15) working days prior procedure in- cluding arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary wit- nesses, and all reasonable arrangements will be made to permit the conferring parties to have access to the submission of plant to view disputed operations and to confer with the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 grievance procedure may be extended by mutual agreement. ARTICLE SENIORITYnecessary witnesses.

Appears in 1 contract

Samples: negotheque.travail.gc.ca

Step No. If the decision of the immediate xxxxxxx is not acceptable to the employeeWithin fifteen (15) days thereafter, 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 held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt nominate an Arbitrator, and the two nominees shall attempt to agree upon a third member. The third member shall act as Chairman of the answer Board. If agreement cannot be reached in Step No. Either party may notify an arbitrator from respect to the following list of arbitrators and a copy appointment of the notice will Chairman of the Board of Arbitration, the matter shall be given referred to the other partyappropriate Government Agency. Such arbitrators will No person involved directly in the controversy under consideration shall be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event member of the retirement Board of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of the grievanceArbitration. If the Company other party fails to answer nominate an Arbitrator, the grieving party may ask the appropriate Government Agency to make the appointment. If the party filing a grievance does not process it from one Step to the next within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union set out above, then the grievance will be considered droppedto have been dropped by the party instituting the grievance. A discharged or indefinitely suspended employeeIf the responding party does not respond within the time limits of the Grievance Procedure, other than a probationary employeethen 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, shall be given an opportunity to explain except in the circumstances case of his discharge or indefinite suspension to his Committeeman or xxxxxxx before leaving terminations where 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 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 agreement reached between the Company and the Union to resolve a grievance shall be binding on both parties and upon any employee involved. The Board of Arbitration shall receive and consider such evidence and contentions as the parties may offer. Also, the Arbitration Board may request from the parties such other evidence as is relevant to its determination of the grievance procedureissues 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 Company shall furnish findings and decisions of the Union with copies Board 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 Arbitration on all arbitrable questions shall be in attendance when he is to be formally disciplinedbinding and enforceable on the parties and the employees. The Company agrees expense of the Chairman of the Board shall be borne equally by the parties to remove the Arbitration. It is 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 interruption of normal operations as a result of any discipline notation from grievance. The parties shall act in good faith in proceeding to adjust grievances in accordance with the employee's record provisions in this Article. When an employee has given eighteen (18) consecutive months after with no unsatisfactory conduct documentation on file, the giving of company agrees it will not use such discipline notation unless within the two-year period the misconduct giving rise past documentation when addressing future discipline. An employee may request to the discipline notation is repeated, in which case the two-year period referred to above is waived. Such removed notation see their personnel file and such request 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 grievance procedure may be extended by mutual agreement. ARTICLE SENIORITYdenied.

Appears in 1 contract

Samples: Collective Agreement

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Step No. If the decision of the immediate xxxxxxx is not acceptable The Xxxxxxx shall deliver to the employeeDirector, 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 held within working days of the receipt of the grievance duly initialled by the Plant Chairperson Security Services or his designate, a copy of the written grievance referred to under the heading Step No. The Human Resources Manager, or his designated representative A grievance with respect to discharge shall arrange a meeting with be delivered to the bargaining committee and he shall give his answer in writing aforesaid officer within five (5) working days following the date of the meetingdischarge grieved. The 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 a National of the Union may be present at this meetingagree 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. Employees hours will be altered to accommodate Should the grievance meeting schedule not be settled by the said joint within seven (7) days of its first or within such longer period as the Employer and employees will the Union may agree on, and if it one which concerns the interpretation, application, administration violation of this Agreement, then Article may 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 Grievance Mediation Either party, then with the other party shall be notified in writing not later than twenty (20) working days after receipt agreement of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If submit a grievance is not processed to Grievance Mediation at any time within ten (10) days after the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 Employer’s decision has been rendered at Step No. of the grievance procedure. The Company shall furnish Where the Union with copies of written warnings, suspensions, and discharges. In the case of terminationmatter is so referred, the Plant Chairperson or his designate Mediation process shall take place before the matter is referred to Arbitration. Grievance Mediation will be advised no later than his next regular shift. An employee's committeeman or xxxxxxx shall be in attendance when he is within twenty-one days of the grievance being submitted to be formally disciplinedMediation. The Company agrees Grievance Mediation process is without prejudice to remove any discipline notation from position either party may take should 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 matter be referred to above is waivedArbitration. Such removed notation will No matter may be submitted to Grievance Mediation which has not be cited or relied upon subsequently. A been properly carried through the grievance relating to procedure, provided that the same issue and providing parties may extend the circumstances are similar pertaining to two or more employees will be considered a group grievance and subject to time limits fixed in the grievance procedure. Union policy grievances The Mediator will be limited from Independent Mediation Services and must be able to grievances which claim incorrect interpretation or administration 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 agreement which may affect 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 collective interests Mediator, and if possible, in advance of the bargaining unit and grievances lodged 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 the Mediator may serve as an Arbitrator. Nothing said or done by the Company may be raised by either xxxxx by notifying the other in writing as to the nature of the grievance 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. Should the parties fail to resolve such grievance it Mediator may be referred to arbitrationat Arbitration. It is understood that it The Union and the Employer will not be used to by-pass share the regular grievance procedure. Written warningscost, suspensionsif any, and discharges shall be given three (3) working days from the date of the misconductMediator. The Notwithstanding Article Saturdays, Sundays and holidays are to be counted in the time limits as outlined in the for grievance procedure may be extended by mutual agreementmediation. ARTICLE SENIORITYOS Arbitration

Appears in 1 contract

Samples: Collective Agreement

Step No. If the Management's decision of the immediate xxxxxxx at Step No. is not acceptable satisfactory, then the grievance may be referred to the employee, he may appeal the arbitration as herein provided. Management shall give its 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 held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing Committee within five (5) working days following the date meeting at Step No. The Union Business representative shall be supplied by the Company, minutes of all Labour Management Meetings. Prior to proceeding to arbitration, any grievance may be submitted to a Joint Grievance Commit- tee. The Grievance Committee shall be composed of two (2) persons, one (1) of whom shall be a Manager by the Company, and one (1) Teamster Union Official who shall be selected by the Local 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 grievance, but shall be from a Local Union that is signatory to this agreement. A decision of the meeting. The and Joint Grievance Committee on the disposition of a National grievance shall be deemed to be the settlement of the grievance and binding on the the Union may and the Company. Settlements reached by the Joint Grievance Committee shall not be present at this meeting. Employees hours will 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 timeused as precedents. In the event that the Grievance Committee is dead- locked and unable to render a decision, either may refer the grievance to arbitration of a grievance is desired by either party, then the other party shall be notified in writing not later than twenty (20) working days after receipt accordance with Each of the answer in Step No. Either party may notify an arbitrator from parties hereto, will bear the following list expense of arbitrators and a copy of the notice will be given their appointee to the other partyGrievance Committee. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator Grievance Committee shall not have jurisdiction the right to alter or change any provisions of the Agreement or substitute any new provisions of in this agreement, Agreement or to substitute any new provisions in lieu thereof, or to give any decision inconsistent inconsis- tent with the terms and provisions of this agreement, or to deal with any matter not covered by this agreementAgreement. The arbitrator in discharge and suspension cases shall be authorized to maintain the discharge or suspensionGrievance Committee, 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other than a probationary employeehowever, shall be given an opportunity have the power to explain the circumstances of his discharge vary or indefinite suspension to his Committeeman set aside any penalty 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 imposed relating to the same issue and providing grievance then before the circumstances are similar pertaining to two or more employees will be considered a group grievance and subject to the grievance procedureGrievance Committee. 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 Any time limits as outlined mentioned in the grievance procedure this Article may be extended by mutual agreement, in writing. ARTICLE SENIORITYis mutually agreed that no grievance will be considered, the alleged circumstances of which originated or occurred more than three (3) days prior to the original presentation, except in the of a 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

Step No. If 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 immediate xxxxxxx is not acceptable to the aggrieved employee, he may appeal the decision to Union Xxxxxxx and 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 held within working days other authorized representative of the receipt of the grievance duly initialled by the Plant Chairperson or his designateCompany. The Human Resources Manager, or his designated A representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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 attend, if requested by either party. Step No. Failing a settlement under Step No. of any difference between the parties arising from the interpretation, then application, administration or alleged violation of the other party shall Agreement, including any question as to whether a matter is arbitrable, such difference or question may be notified taken to arbitration, as provided in writing not later than Article If no written request for arbitration is received within twenty (20) working days after receipt of the answer decision in Step No. Either party may notify an arbitrator from is given, it shall be deemed to have been settled or abandoned. Saturdays, Sundays and plant holidays will not be counted in determining the following list of arbitrators and a copy time within which any action is to be taken or completed in each of the notice will steps of the Grievance Procedure, or under Article Any and all time limits fixed by this Article and Article may at any time be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise extended by agreement between the Company and the Union. In All decisions arrived at between the event representatives of the retirement 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 one 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 Company’s nomineessuspension or dismissal. The dismissal or suspension shall then be dealt with under the grievance procedure herein, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 beginning with the terms and provisions 2nd Step. Notice 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 dismissal or suspension, make and 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other than a probationary employeereason therefore, shall be given an opportunity in writing with a copy to explain the circumstances of his discharge Union on the same date. If subsequently it is decided that the employee was unjustly dismissed or indefinite suspension to his Committeeman or xxxxxxx before leaving the plant. Such discharged or indefinitely suspended employee may present a grievance in writingsuspended, either directly or through his committeeman or xxxxxxx, within five (5) working days from the date of his discharge or indefinite suspension. Such grievance he shall be lodged at Step No. of reinstated in his former job and compensated for such time lost as is determined by the grievance or arbitration 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 such other settlement as is deemed 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 just 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 as to the nature of the grievance 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. Should the parties fail to resolve such grievance it may be referred to arbitrationequitable. It is understood that it will 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 be used rightly process the grievance under this Article the Union may present such allegation to by-pass the regular grievance procedure. Written warnings, suspensions, and discharges shall be given three (3) working days from Company at the date 2nd Step level of the misconduct. The time limits as outlined in the grievance procedure may be extended by mutual agreement. ARTICLE SENIORITYGrievance procedure.

Appears in 1 contract

Samples: Collective Agreement

Step No. In the event the grievance is not settled at Step No. the Local may request arbitration of the grievance by giving notice in writing to the Board within ten (10) days of receipt of the written decision at Step No. but not thereafter. If a request for arbitration is not given within such ten (10) day period, the decision at Step No. shall be final and binding upon both parties to this Agreement, and upon any employee affected by it. The 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, and the remedy sought. The Local shall be 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 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 ten days from the expiry of the date upon which the two appointees were to appoint a chair. The Arbitration Board shall hear and determine the matter and shall issue a decision, which shall be final and binding upon the parties and upon any employee affected by it. The decision of the majority shall be the decision of the immediate xxxxxxx Arbitration Board but if there is not acceptable to the employeeno majority decision, he may appeal the decision to of the Human Resources Manager or his designated representative, within two (2) working days from the date that he received the decision from his immediate xxxxxxxchair shall govern. The third step grievance meeting will be held within working days Board of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing within five (5) working days following the date of the meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing not later than twenty (20) working days after receipt of the answer in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be substituted. Xxxxxx Xxxxx G Xxxxx The arbitrator Arbitration shall not have jurisdiction be authorized to alter add, delete, modify or change any of otherwise amend the provisions of this agreement, or to substitute any new provisions in lieu thereof, or to give the Agreement nor make any decision inconsistent with the terms and provisions of this agreementAgreement, or to deal with nor adjudicate any matter not covered by this agreement. The arbitrator in discharge and suspension cases shall be authorized specifically assigned 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance is not processed within the time limits it by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other than a probationary employee, shall be given an opportunity notice 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 arbitrate specified 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 procedureArticle hereof. Each party hereto shall bear its own costs of, and incidental to, such arbitration proceedings. The Company shall furnish fees and charges of the Union with copies chair to the Board 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 Arbitration shall be in borne equally by the parties hereto. Either party shall have the right to require the attendance when he is to be formally disciplinedof the at the Arbitration hearing. The Company agrees to remove any discipline notation time limits and other procedural requirements of this grievance procedure are mandatory. Any grievance not appealed 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 as to the nature one step of the grievance procedure to the next within fifteen (15) working days the specified time limit shall be deemed to be abandoned. If a respondent party fails to reply to a grievance within the designated time, the party having carriage of the incident which gave rise grievance shall move to the grievance. Such grievance will be discussed beginning at the 3rd next step of the grievance procedure. Should the parties fail to resolve such grievance it No matter may be referred submitted to arbitration. It is understood that it will , which has 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 been properly carried through all previous steps of the misconduct. The time limits as outlined in the grievance procedure within the time limits specified. The mandatory provisions of this grievance procedure may only be extended modified by mutual agreementthe written agreement of the parties. ARTICLE SENIORITYA settlement reached at any stage of the grievance procedure shall be final and binding upon both parties and the

Appears in 1 contract

Samples: Collective Agreement

Step No. If 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 immediate xxxxxxx is not acceptable Supervisor or Manager. Such notice shall consist of a written statement of the grievance in triplicate containing particulars of the inci- dent giving rise to the employee, he may appeal grievance and shall be signed by the decision to aggrieved employee and dated as of the Human Resources date of its submis- sion. The Department Manager or his designated representativedelegate shall meet with the Chief Xxxxxxx within eight (8)working days, within two (2) working days from the date that he received the decision from his immediate xxxxxxx. The third step grievance meeting will be held within working days of the receipt of inves- tigate the grievance duly initialled and attempt to settle it. A written decision shall be given by the Plant Chairperson Department Manager or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing delegate within five three (5) working 3)working days following after the date of the such meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing Grievances not later than twenty (20) working days after receipt of the answer adjusted in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance may be processed appealed directly to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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. Step No. Notice 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 appeal must 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 given in writing as to the nature of the grievance within fifteen seven (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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 (37) working days from the date of the misconduct. The time limits as outlined in written decision of the Department Manager to the General Manager or designate who shall meet with the Grievance Committee, which may be accompanied by an International Representative of the Union, investigate the grievance procedure may and attempt to settle it. A written decision shall be extended given by mutual agreementthe General Manager within ten (10)working days after the date of such meeting. ARTICLE SENIORITYExcept as otherwise provided, grievances must be presented at Step No. within nine (9) working days from the date of the incident giving rise to the grievance. Grievances not presented within the times aforesaid shall not be considered under the Grievance Procedure and in any event are not arbitrable.

Appears in 1 contract

Samples: Basic Agreement

Step No. If the decision of the immediate xxxxxxx matter is not acceptable to the employeesettled, 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 held within working days of the receipt of the grievance duly initialled by the Plant Chairperson or his designate. The Human Resources Manager, or his designated representative shall arrange a meeting with the bargaining committee and he shall give his answer in writing then within five (5) working days following the date of the meetingExecutive Director's reply, a Union Representative may request a meeting with the Executive Director. The and In such case the meeting shall be held between the Executive Director, a National of Union Representativeand the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing Xxxxxxx as soon as practicably possible but not later than twenty ten (201O) working days after receipt of the answer in Step No. Either party may notify an arbitrator from Executive Director receives notification the following list of arbitrators and a copy of Union that the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 meeting 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 submission of the grievancedesired. If the Company fails to answer the grievance within the time limits then the grievance may be processed to the next step. If a grievance matter is not processed within the time limits by disposed of at such a meeting, and if the Union then wishes to proceed to arbitration, the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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 xxxxxxxUnion shall, within five ten (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 as to the nature of the grievance within fifteen (1510) working days of the incident which gave rise date of such meeting but not thereafter, deliver to the grievance. Such grievance will be discussed beginning at Company a notice in writing stating that it wishes to take the 3rd step of the grievance procedure. Should the parties fail to resolve such grievance it may be referred matter to arbitration. It is understood The Notice to Arbitrate shall contain the name and address of the 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 it will 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 by-pass file a grievance arising from the regular same incident, such grievance may be handled as a "group grievance"and shall be subjectto the normal 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 grievance procedure may be extended by mutual agreement. ARTICLE SENIORITY.

Appears in 1 contract

Samples: Collective Agreement

Step No. If the decision 2 - Notice of the immediate xxxxxxx is not acceptable appeal must be given to the employee, he may appeal xxxxxxx by the decision to the Human Resources Manager xxxxxxx or his designated representative, within two (2) working days from the date that he received the decision from his immediate xxxxxxxa xxxxxxx delegate. The third step grievance meeting will be held within working days Such notice shall consist of the receipt a written statement of the grievance duly initialled in duplicate, containing particulars of the incident giving rise to the grievance and shall be signed by the Plant Chairperson or his designateaggrieved employee and dated as of the date of its submission. The Human Resources Manager, superintendent or his designated representative a delegate shall arrange a meeting meet with the bargaining committee xxxxxxx or a xxxxxxx delegate within seven (7) calendar days, to investigate the grievance and he attempt to settle it. A written decision shall give his answer in writing be given by the superintendent or a delegate within five (5) working calendar days following after the date of the such meeting. The and a National of the Union may be present at this meeting. Employees hours will 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, then the other party shall be notified in writing Grievances not later than twenty (20) working days after receipt of the answer adjusted in Step No. Either party may notify an arbitrator from the following list of arbitrators and a copy of the notice will be given to the other party. Such arbitrators will be selected on a rotation basis unless mutually agreed otherwise by the Company and the Union. In the event of the retirement of one of the Company’s nominees, Xxxx Xxxxxxx shall be substituted. In the event of the retirement of one of the Union’s nominees, Xxx Xxxxxxxxx shall be 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 submission of the grievance. If the Company fails to answer the grievance within the time limits then the grievance 2 may be processed appealed to the next step. If a grievance is not processed within the time limits by the Union then the grievance will be considered dropped. A discharged or indefinitely suspended employee, other 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. 3. 17.02 Step No. 3 - Notice 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 appeal must 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 given in writing as to the nature of the grievance within fifteen nine (159) 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. Should the parties fail to resolve such grievance it may be referred to arbitration. 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 calendar days from the date of the misconductwritten decision of the superintendent or a delegate to the Human Resources Department. A representative of the Human Resources Department. or a delegate shall meet with the Grievance Committee, which may be accompanied by an International Officer or representative of the Union within twenty-one (21) calendar days or a date mutually agreeable to the Union and the Company, to investigate the grievance and attempt to settle it. A written decision shall be given by the Human Resources Representative or a delegate within fourteen (14) calendar days after the date of such meeting. 17.03 In the event that the grievance or complaint cannot be adjusted in any of the foregoing steps, the matter may at the request of either party be submitted for arbitration by an impartial arbitrator who shall be chosen by mutual agreement of the Company and Union. The time limits party desiring arbitration shall notify the 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 outlined to who will present the case on their behalf in the grievance procedure arbitration hearing. In the event the Company and the Union shall be unable to agree upon an arbitrator, the Minister of Labour, Ontario, shall be requested to appoint an arbitrator in 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 shall strike three (3) names and the Company shall strike three (3) names. The remaining one (1) shall be the arbitrator. The arbitrator may be extended by mutual agreement. ARTICLE SENIORITYinterpret this Agreement and apply it to the particular case under 17.05

Appears in 1 contract

Samples: Agreement

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