Contract Table of Contents
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Letter of Understanding
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January 1, 2006 to December 31, 2008
13.01 - SHOP STEWARDS
Shop Stewards, all of whom shall be employees of the Company, shall be chosen by the Union and recognized by the Company. There are currently three (3) committee members and four (4) Shop Stewards in the plant. The Union reserves the right to add additional Stewards should it become necessary in the future.
13.02 - GRIEVANCE COMMITTEE
- There shall be a grievance negotiating committee, consisting of three (3) employees designated by the Union, and who shall be afforded such reasonable time off as may be required to attend meetings held at the request of the management or the grievance negotiating committee.
- The Union agrees to advise the Company of the names of the shop stewards and of the members of the grievance committee, in writing, and also of any changes from time to time.
- The Company agrees to advise the Union of the names of the members of their management committee, in writing, and also of any changes from time to time.
13.03 - PROCEDURAL STEPS - GRIEVANCE PROCEDURE
- In case a grievance arises in any department of the Company, the parties hereto shall make an honest effort to settle the difference by proceeding through the following steps until the grievance is settled, deemed to be abandoned or arbitrated.
STEP 1
The aggrieved employee shall notify his shop steward who shall immediately request time off from his 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 within ten (10) working days of the event giving rise to the grievance.
STEP 2
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 shop steward and presented to the supervisor within a maximum of ten (10) working days from the date the matter was first raised with the supervisor at Step 1. The supervisor shall give their answer within twenty-four (24) hours, Saturdays, Sundays, and holidays excluded, of the grievance being raised, after which the third step may be invoked.
STEP 3
Within ten (10) working days of the presentation at Step 2 the grievance shall be taken up between the grievance negotiating committee and the management committee. The management committee shall give their answer within seventy-two (72) hours (Saturdays, Sundays, and holidays excluded) from the institution of this step, after which the fourth step may be invoked.
STEP 4
If the matter has not been resolved, the Union and the Company shall each have the option of a further meeting involving the Union Business Agent and a Company Representative, along with the Grievance Negotiating committee before proceeding to arbitration. Said meeting shall, wherever possible, take place within thirty (30) days of the Company's response at Step 3.
STEP 5
Any grievance which has been properly processed through the proceeding steps of the grievance procedure without being settled may be submitted to an arbitration board composed of one (1) representative chosen by the union and one (1) representative chosen by the company and an impartial arbitrator who shall act as chairman of the board. At the time that either party serves notice, in writing, of its intent to proceed to arbitration it shall, at the same time, notify the other party of the name of its representative. The other party shall appoint its representative within five (5) days of receiving written notice and these two representatives shall agree on a person to act as chairman. If they fail to agree, within a further five (5) days from the appointment of the second representative, the Minister of Labour of the province of British Columbia shall appoint the chairman. The Arbitration Board shall be requested to render a decision within a period of one (1) month following the constitution of the Board. The majority decision of the board shall be final and binding on both parties to this agreement. The board shall not have any jurisdiction to alter or change any of the provisions of this agreement nor to substitute any new provisions in lieu thereof.
When the Arbitration Board is dealing with a grievance concerning the dismissal or suspension of an employee bound by the agreement and it finds hat the employee has been dismissed or suspended for other than proper cause, the board may direct the employer to reinstate the employee and pay to said employee a sum equal to their wages lost by reason of their dismissal or suspension, or such lesser sum, as in the opinion of the Board, is fair and reasonable.
Similarly, where the Arbitration Board is dealing with a grievance lodged by an employee bound by the agreement wherein such employee alleges, and the arbitration board 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 board may, provided the employee has raised their grievance without delay after the occurrence giving rise to it, direct the employer to pay to the employee a sum equal to their wages so lost or such lesser sum as in the opinion of the board is fair and reasonable.
Notwithstanding the foregoing, during the course of establishing an Arbitration Board, either party may notify the other party of its desire to have the grievance heard by a sole arbitrator. In such an event, the grievance shall be heard by a sole arbitrator, provided that the parties can agree that the matter should be dealt with in that manner, and further that the parties can agree on the selection of a Chairman. Should the parties be unable to agree to the foregoing, the grievance shall be dealt with in the manner otherwise established in this Article. A sole arbitrator, if agreed upon, shall have the same powers and authority as an Arbitration Board established under this Article.
Each of the Parties hereto shall bear the expense of the arbitrator appointed by it and the parties shall jointly bear the expense of the Chairman of the Arbitration Board.
13.04 - GENERAL - GRIEVANCE PROCEDURE
- Grievances involving discharge shall be placed in writing and dealt with by starting at Step 3.
- Any matter which may be the subject of a grievance must be taken up at Step 1 within ten (10) working days of its occurrence or it shall be deemed to be abandoned. Any grievance which is not resolved at any step must be advanced to the next step in writing within ten (10) working days or it is deemed to be abandoned and shall not be dealt with further under this Article. In each case the ten (10) working day period commences with the event or the advancement to the previous step of the grievance procedure.
- The time limits specified in Steps 1, 2, 3, and 4 may be extended by the 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.
- 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 no lockout of employees on the part of the Company during the processing of any grievance or arising out of an award of a Board of Arbitration determining the same.