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[Prairie Region see Appendix
D]
18.01 It is the spirit and intent of this Agreement to
adjust grievances promptly. All grievances shall be presented
in writing within fifteen (15) days from the date there is
evidence of a violation having occurred. The procedure for the
adjustment of a grievance shall be as follows.
18.02 Step No. 1: Between the aggrieved employee and/or
his steward and the Employer's representative. If no
settlement satisfactory to the griever is achieved within four
(4) days the grievance must be pursued within the following
ten (10) days.
18.03 Step No. 2: Between the aggrieved
employee, his steward and the local Union representative or
designate, and the Employer's representative. At this stage
the grievance must be submitted in writing provided that a
reference in the grievance to any section of the Agreement
shall not preclude argument based on any other section of the
Agreement. If no settlement satisfactory to the griever is
achieved within four (4) days the grievance must be pursued
within the following ten (10) days.
18.04 Step No. 3: Between a designated Council
Representative and an official of the Employer. If no
settlement satisfactory to the employee concerned is achieved
within four (4) days of the commencement of Step No. 1 or Step
No. 2 the grievance must be pursued at the next step within
the following ten (10) days.
18.05 Step No. 4: If any dispute or grievance
concerning the interpretation, application or violation of
this Agreement cannot be settled through the procedure
described above within ten (10) working days, the matter may
be submitted by the Council or the Employer for adjudication
to a Board of Arbitration at any time within ten (10) days
following the completion of Step No. 3. This Board shall
consist of three (3) arbitrators, one appointed by each party
to this Agreement and the third, who shall act as the
chairman, to be selected by the two so appointed. In the event
that the other party does not appoint its arbitrator within
five (5) days, the appointment shall be made by the
appropriate Minister of Labour. In the event the two
arbitrators appointed cannot within five (5) days select a
third arbitrator who is willing to serve, the two arbitrators
shall jointly request the appropriate Minister of Labour to
designate the third arbitrator who shall act as the chairman.
A copy of the grievance and the referral to arbitration shall
be sent via fax to the NDTMA Directors for the region at the
time of the referral. Failure to do so shall give the NDTMA a
right to adjournment of the hearings.
The Board when selected or appointed, will proceed as soon as
practicable, to examine the dispute or grievance and render
its judgment.
The decision of the Board of Arbitration, or a majority
thereof, shall be final and binding and accepted by both
parties for the duration of the Agreement.
The Board of Arbitration shall not be authorized to make any
decisions inconsistent with the provisions of the Agreement,
nor to alter, modify or amend any part of this
Agreement.
In arbitration proceedings, each party shall pay the expenses
of its arbitrator, and the expenses of the chairman shall be
shared equally by the parties.
18.06 Any grievance instituted by the Employer may be
referred in writing to the Council within fifteen (15) full
days of the occurrence of the circumstances giving rise to the
grievance, and the Council shall meet within ten (10) working
days thereafter with the Employer to consider the grievance.
If final settlement of the grievance is not completed within
five (5) working days of such meeting, the grievance may be
referred, by either party, to a Board of Arbitration as
provided in Article 18.05 at any time within ten (10) calendar
days thereafter, but not later.
18.07 Where an Employer is in default on any obligation
to the Council or an affiliated Union, the council or the
affiliated Union may file a grievance commencing with a
meeting between the designated Council representative and an
official of the Employer. Failing settlement the grievance may
be pursued to arbitration as provided by Article 18.05.
18.08 The QCCC may refer a grievance concerning
violation of Article 27.01 to arbitration at any time after
the tenth (10th) day of the month following the month in which
the remission(s) is (are) due.
18.09 It is agreed that notes taken during negotiations
are not admissible evidence in any legal proceedings involving
the collective agreement.
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