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Letter of Understanding
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June 1, 2006 to May 31, 2009
11.01
Shop Stewards, all of who shall be regular employees of the Company, shall be elected by the Union and recognized by 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 Stewards.
11.02
The Union agrees to advise the Company of the names of the Shop Stewards, in writing, and also of any changes from time to time.
11.03
In case a grievance arises, the parties hereto 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/her Shop Steward who shall immediately request time off from his/her Supervisor in order to take up the matter if the case is urgent. If the case is not urgent, it shall be taken up at the end of the shift. The Shop Steward with or without the aggrieved person shall take up the matter with the Supervisor. Failing a satisfactory settlement, the grievance shall be put in writing on the grievance forms supplied by the Union and shall be signed by the aggrieved and the Supervisor. The Supervisor shall give his/her answer within twenty four (24) hours (Saturdays, Sundays and holidays excluded) of the grievance being raised, after which the second step may be invoked.
STEP 2:
As soon as reasonably possible thereafter, the grievance shall be taken up between the Shop Steward with or without the aggrieved person and the employee's Retail Store Manager. Maximum delay for settlement, forty eight (48) hours (Saturday, Sunday and holidays excluded) from the institution of this step, the Retail Store Manager's answer to be made in writing within such period.
STEP 3:
As soon as reasonably possible thereafter, the grievance shall be taken up between the Stewards (with a representative of the Union if so desired by the Union) and the Manager (with a representative of the Company if so desired by the Company). Maximum delay for settlement, seventy two (72) hours (Saturdays, Sundays and holidays excluded) from the institution of this step.
Grievances involving discharge shall be placed in writing and dealt with by starting at Step 3.
The time limits specified in Steps 1, 2 and 3 may be extended by written agreement between the parties. The Chief Steward, 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.
STEP 4:
Any grievance which has been properly processed through the preceding steps of the grievance procedure without being settled may be submitted to a sole arbitrator. If the parties are not able to agree upon an arbitrator, s.86 of the Labour Relations Code shall apply.
The arbitrator shall be requested to render a decision within a period of one (1) month following the constitution of the Board. The decision of the arbitrator shall be final and binding on both parties to this Agreement. The arbitrator shall not have any jurisdiction to alter or change any of the provisions of this Agreement, nor to substitute any new provision in lieu thereof.
When the arbitrator is dealing with a grievance concerning the dismissal or suspension of an employee bound by the Agreement and it finds that the employee has been dismissed or suspended for other than proper cause, the arbitrator may direct the employer to reinstate the employee and pay to the employee a sum equal to his/her wages lost by reason of his/her dismissal or suspension, or such lesser sum as in the opinion of the arbitrator is fair and reasonable.
Similarly, where the arbitrator is dealing with a grievance lodged by an employee bound by the Agreement wherein such employee alleges, and the arbitrator finds, that the employee has been laid off, demoted, or not promoted in violation of the terms of the Agreement and thereby has suffered loss of wages, the arbitrator may, provided the employee has raised his/her grievance without delay after the occurrence giving rise to it, direct the employer to pay to the employee a sum equal to his/her wages so lost or such lesser sum as in the opinion of the arbitrator is fair and reasonable.
Each party shall bear one-half of the expenses of the arbitrator.
In view of the orderly procedure arranged for the settlement of grievances, the parties hereto agree, each with the other, that:
There shall be no striking on the part of the Union or lockout of employees on the part of the Company during the processing of any grievance or arising out of an award of an arbitrator determining the same.