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Article 22 - Adjustment of Complaints |
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22.01 Preamble
It is mutually desired and intended by the Union and the
Employer that any
dispute or complaint arising out of the interpretation of
this agreement will be
communicated by the employee to their supervisor in order
to provide an
opportunity for discussion and timely resolution, prior to
the issue becoming a
grievance. If an employee is not satisfied with the
resolution offered by their
immediate supervisor they may then initiate a grievance.
22.02 Grievance Procedure
The grievance procedure is designed to resolve, as quickly
as practical, disputes
or complaints as to the interpretation or operation of this
Agreement.
Step One
In the event that a written grievance is submitted arising
out of the interpretation
or operation of this Agreement, except in cases of
discharge or suspension, all
affected employees shall continue to work as per the
conditions existing prior to
the time the dispute arose. A grievance by one or more
individual employees
must be served on the Employer within seven (7) days of the
events giving rise to
the grievance, and shall first be taken up with the
immediate supervisor by the
Employees and a Union steward or representative. The
supervisor will answer the
grievance within seven (7) days of receiving the written
grievance.
Step Two
If there is no satisfactory resolution at Step One the
Union must, within seven (7)
days of the supervisor’s answer in Step One, notify the
Employer’s project
supervisor in writing that it intends to proceed with the
grievance. The project
supervisor will then have seven (7) days from the date of
notification to deal with,
and answer in writing, the grievance. Grievances other than
those of individual
employees may be initiated at Step Two by either the Union
or the Employer. A
grievance initiated at Step 2 must be served on the
opposing party within seven
(7) days of the events giving rise to the grievance.
Step Three
If there is no satisfactory resolution from the previous
steps the question may,
within seven (7) days upon written request from either the
Union or the Employer
be referred in writing to the President of Local 470, or
his designate, and a senior
manager of the Employer who will then have ten (10) days to
deal with and
attempt to resolve the grievance. Either party may elect to
involve outside help at
this step such as a regional Union representative and/or a
management
representative from outside of the Project site. If the
grievance is not resolved
within the specified timeframe, Step Three will have
concluded.
Step Four
If there is no satisfactory resolution at Step 3 then
either party may, within seven
(7) days of the conclusion of Step 3, serve the opposing
party with notice of intent
to refer the matter to arbitration, and will propose the
names of one or more
arbitrators. The Arbitration Procedure set out in Article
22.05 will then apply.
Where a grievance arising from the discharge of an Employee
progresses to
arbitration, either party may elect, in writing, to utilize
the expedited procedure
outlined in Article 22.06 below as an alternative to the
arbitration procedure set
out in Article 22.05. Notice of an intent to elect the
expedited procedure must be
served on the opposing party within seven (7) days of the
conclusion of Step
Four.
22.03 National Union Representative
It is understood that in all discussions concerning
grievances, any National
Representative may accompany the Union in their meetings
and the National
Representative may call upon members of the Union or any
other employee to
accompany them in their meetings with Employer’s
officials.
22.04 Time Limit
- In the event a grievance has not been served, or has
not been advanced to
the next step within any of the time limits set forth in
this Article, then the
grievance shall be deemed to be waived and abandoned, all
rights of
recourse to the adjustment of complaints under this
Agreement in respect
of this grievance shall be at an end, and no arbitrator
shall have jurisdiction
to relieve against the waiver and abandonment of the
grievance.
- The time limit between steps may be extended by mutual
consent.
22.05 Arbitration Procedure
- Following service of the notice of intent to arbitrate
referenced in Section
22.02, Step Four, the Employer and the Union will endeavour
to agree
upon the selection of the arbitrator. In the event the
parties are unable to
agree upon the selection of the arbitrator, either party
may apply, within
fifteen (15) days of service of the intent to arbitrate to
have an arbitrator
appointed under the appropriate provisions of the Code.
- After the arbitrator has been chosen he shall meet and
hear evidence of
both sides and render a decision within fifteen (15) days
after he has
concluded his hearings, said decision to be final and
binding upon all
parties to this Agreement.
- The parties shall bear in equal portions the fees and
expenses of the
arbitrator and rental of any premises used for the hearing.
- The arbitrator shall be restricted to interpreting and
applying the provisions
of this Agreement and shall have no authority to alter,
modify, subtract
from or supplement them in any way.
- In the case of discharge or suspension which the
arbitrator has determined
to have been unjust the arbitrator shall, unless he deems
it inappropriate,
order the reinstatement of the Employee with back pay in an
amount to be
determined by the arbitrator.
22.06 Expedited Arbitration in Certain Discharge Cases
- A predetermined choice from a panel of six (6)
arbitrators, each of whom
shall be appointed for a two (2) year term, shall be
selected by mutual
agreement of the Employer and the Union. Grievances
processed under
this section shall be assigned to the arbitrators on a
rotational basis.
- An arbitrator must meet and hear the evidence of both
parties within fifteen
(15) days after assignment. If an arbitrator is unable to
commit to do so,
the grievance shall immediately be assigned to the next
arbitrator in order
of rotation.
- The unavailability of counsel shall not be a reason to
delay an arbitration
under this section.
- The parties will endeavor to agree on a statement of
material facts, which
may be submitted to the arbitrator in advance of the
hearing.
- The arbitrator will give his decision and his written
reasons within one week
after the hearing. The reasons need not accompany the
decision. Neither
the decision nor the reasons will form precedent.
- The provisions of Articles 22.05 as they apply to
discharge, shall apply to
this Article.
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