Contract Table of Contents
Article /
1 /
2 /
3 /
4 /
5 /
6 /
7 /
8 /
9 /
10 /
11 /
12 /
13 /
14 /
15 /
16 /
17 /
18 /
19 /
20 /
21 /
22 /
23 /
Appendices /
A /
B /
Letters /
Sales Equipment Service Trainee /
Outside Vehicle Washing Service /
Truck Maintenance and Safety and Heavy Lifting /
Equipment Delivery /
Merchandising Work /
Drivers Merchandising /
November 1, 2005 to October 31, 2010
Section 1
A grievance shall be defined as any matter arising out of the application, administration, interpretation, or alleged violation of the Collective Agreement.
A grievance may be filed by an employee, the Union, or the Company and must be done so within thirty (30) days following the event which gave rise to the matter or when such matter was first called to the Grievor's attention. Failure to react within this prescribed time period shall render such grievance null and void. All days referred to herein shall be interpreted to be "Working days".
An honest effort shall be made by the parties to settle such matters in accordance with the following procedure.
Section 2
There shall be a Union Steward who shall be an employee in the bargaining unit, designated by the Union and who will be afforded such time off as may reasonably be required to attend meetings with the Management.
Section 3
The Union agrees to advise the Company, in writing, of the name of the member to be designated as Union Steward and also of any changes from time to time. The Union may also advise the Company of the name of an employee who may serve as an Alternate Steward in the absence of the regular Steward.
Section 4
The steps to be taken in handling of any grievances:
FIRST: Between the aggrieved employee and his immediate supervisor; a decision to be rendered within forty-eight (48) hours.
SECOND: If a settlement is not reached, the employee, his Union Steward and his immediate supervisor will hold a meeting to discuss the problem. If it is not resolved by the next working day, the grievance is to be written on proper grievance forms and presented by the employee and the Union Steward to the Management; a decision to be rendered within forty-eight (48) hours.
THIRD: Between the Representative of the Union, the Union Steward, the employee and the Management. Failing to reach a satisfactory settlement within seventy-two (72) hours, Step Four to be invoked.
FOURTH: The grievance may be submitted to arbitration. The Company and Union shall first endeavour to agree on a single arbitrator and if the parties fail to agree, the three (3) man Arbitration Board shall apply. The Union shall nominate one arbitrator and the Company shall nominate one. Nominations shall be made within forty-eight (48) hours of the Step being taken.
FIFTH: The arbitrators shall attempt to nominate an impartial arbitrator who shall act as Chairman of the Arbitration Committee. Failing to agree upon such impartial arbitrator within a further twenty-four (24) hour period, the Minister of Labour shall be requested to appoint such impartial arbitrator. In case of a grievance involving the interpretation or violation of this Agreement, the majority decision of the Arbitration Board shall be final and binding on both parties to this Agreement.
Section 5
In the case of a grievance involving the dismissal of an employee, the first step of this Grievance Procedure may be omitted.
Section 6
It is mutually agreed that the operation of sub-section 1, Section 96 of the Labour Code of B.C. Act shall only be implemented where mutually agreed by the Company and the Union.
Section 7
Any time limit established in this Article XII may be extended by mutual agreement of the parties.
Section 8
The arbitrator and/or arbitration board shall not have any power to alter, modify or amend any of the provisions of this Agreement or to substitute any new provisions for the existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement.
The decision of the arbitrator and/or arbitration board shall be final and binding on both parties and on any employee affected by it. The expenses of the Chairperson shall be borne one-half by the Company and one-half by the Union. In the case of a three panel Board, the parties shall each be liable for the payment of expenses related to their own nominated appointee.
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