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2.3 Collective Agreement Grievances |
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2.3.1 Any grievances relating to the terms and conditions
in the Recitals, or Parts 1, 2 or 5 of
this Agreement (with the exception of disputes or
disagreements referred to in Article
2.1), will be resolved in accordance with the terms and
conditions of the grievance
procedures in the Parts of this Agreement and the
Appendices which apply to the affected
Employee and Employer. HCML will be provided with notice of
all written grievances at
the time such grievances are filed. HCML will have the
right to intervene as a party in
any such grievances. No relief may be granted against HCML
or the Owner in any
proceedings instituted under this Article, except relief
may be granted against HCML
where the grievance involves HCML as an Employer.
2.3.2 Should CEP refuse or fail to participate in the
handling or processing of any grievance
(other than for reasons that CEP believes an
Employee-instigated grievance does not have
merit), any affected Employee will be entitled to process
the grievance to arbitration,
utilizing the grievance and arbitration procedure set out
in Part 3. In the event this occurs,
the cost of instituting the procedures for processing the
grievance will be borne by the
affected Employee unless the Employee is successful in the
grievance. If the Employee is
successful in the grievance, the Employee's share of the
arbitrator's fees will be paid by
the Employer. If there is disagreement over whether the
Employee was successful, that
disagreement will be decided by the arbitrator.
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