Contract / Table of Contents
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Company Policy / Sick Leave
Letter of Understanding /
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GWP / Schedule "G"
9.01
Shop Stewards, all of whom shall be regular employees of the Company, shall be elected by the Union and recognized by the Company. There shall be one [1] Shop Steward tentatively for each department.
9.02
There shall be a Grievance Committee, consisting of up to three [3] employees designated by the Union, who are actually then in the employ of the Company, and who will be afforded such reasonable time off as may be required to attend meetings held at the request of the Management or the Grievance Committee.
9.03
The Union agrees to advise the Company of the names of members of the Grievance Committee and Shop Stewards, in writing, and also of any changes from time to time.
9.04
In case a grievance arises, the parties will make an honest effort to settle the differences by proceeding through the following steps until the grievance is settled or otherwise disposed of:
STEP 1
The aggrieved employee shall notify his Shop Steward if a grievance arises who shall immediately request time off from his Foreman to discuss the matter if it is urgent. If the case is not urgent then the Shop Steward with or without the aggrieved person shall take up the matter with the Foreman at the end of the shift. Failing a satisfactory settlement the grievance shall be put in writing and submitted to the Foreman of the employee involved within five [5] working days from the time the grievance arose. The Foreman shall provide a written answer within twenty-four [24] hours (Saturdays, Sundays and Holidays excluded). If this answer is not satisfactory or if no answer is received by the Union, the next step of the grievance procedure may be invoked.
STEP 2
The grievance shall be submitted within forty-eight [48] hours to the next level of Management. Within five [5] working days the grievance will be discussed and resolved, or a written answer will be provided and if it is not resolved or if no answer is received by the Union the grievance may proceed to Step 3.
STEP 3
The grievance shall be submitted within forty-eight [48] hours to the Manager or his nominee. Within five [5] working days the grievance will be discussed with the Grievance Committee with an additional representative of the Union if desired, or a written answer will be provided and if it is not resolved or if no answer is received by the Union the grievance may proceed to Arbitration.
9.05
Grievance involving discharge shall be placed in writing and dealt with by starting at Step 3.
9.06
The time limits specified in Steps 1, 2, and 3 may be extended by written agreement between the parties. The Chairman of the Grievance Committee on behalf of the Union, or the Manager on behalf of the Company, may file a policy grievance at Step 3 of the Grievance Procedure. A policy grievance is defined as a dispute between the Union and the Company concerning the interpretation, application, operation or alleged violation of the Agreement, including whether or not a matter is arbitrable.
9.07 - ARBITRATION
Any grievance which has been properly processed through the preceding steps of the Grievance Procedure without being settled may be submitted to Arbitration or an Industry Troubleshooter as agreed to by the parties. Grievances may be submitted to arbitration within three [3] months from the first Grievance Review Board Meeting following the Step 3 written response to the Grievance. The Union will provide the dates of all Grievance Review Board meetings, upon request, at the beginning of each calendar year.
INDUSTRY TROUBLESHOOTER
Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee or to the interpretation, application, or alleged violation of this Agreement including any question as to whether a matter is arbitral, during the term of the Collective Agreement, such difference may be referred to an Industry Troubleshooter.
In the event the parties are unable to agree on an Industry Trouble shooter within a period of thirty [30] calendar days, either party may apply to the Minister of Labour for the Province of British Columbia to appoint such person.
The parties will endeavor to reach an agreed to statement of facts prior to the hearing. The recommendation from a Troubleshooter shall not be binding without mutual agreement by the parties.
Where the parties agree to invoke Industry Troubleshooter the appropriate process will apply notwithstanding the provisions of Article 9 of the Agreement and the parties shall not be entitled to thereafter invoke the arbitration process in 9.07 (i).
The location of the hearings is to be agreed to by the parties. The parties may agree in advance to deal with one [1] or more grievances over the course of the day scheduled for the hearing.
As the process is intended to be non-legal, outside lawyers will not be retained to represent either party during an Industry Troubleshooter. All presentations should be short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentation.
Prior to rendering a decision the Industry Troubleshooter may assist the parties in mediating a resolution to the grievance.
Where mediation fails, or is not appropriate, a decision shall be rendered as contemplated within and may include an immediate verbal award if the parties so agree. Otherwise, the decision of the Industry Troubleshooter is to be completed and delivered in ten [10] working days of the hearing.
If mutually agreed to, the Industry Troubleshooter shall have the power and authority to conclusively settle the dispute and his/her decision shall be binding on both parties. The Industry Troubleshooter shall not have the power to change the Collective Agreement or to alter, modify, or amend any of its provisions. However, the Industry Troubleshooter shall have the power to dispose of the grievance in any matter he/she deems just and equitable.
Any decision of an Industry Troubleshooter will be non precedental.
Single Arbitrator
The Grievance will be submitted to an Arbitration Board composed of a sole Arbitrator, mutually agreed to by the Company and Union, who shall act as Chairman. At the time that either party serves notice, in writing, of its intention to proceed to arbitration it shall, at the same time, notify the other party of the name of its legal representative. The other party shall appoint its legal representative within five [5] calendar days of receiving written notice and these two legal representatives shall agree on a person to act as sole Arbitrator. Unless mutually agreed to, if they fail to agree within fourteen [14] calendar days from the appointment of the second legal representative, the Minister of Labour of British Columbia shall appoint a sole Arbitrator.
9.08
Each of the parties shall bear one half of the expenses of an Arbitrator or Industry Troubleshooter.
9.09 - NO STRIKES OR LOCKOUTS
There shall be no strikes or lock-outs as long as this Agreement continues to operate.