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Basic Agreement
Section 8: Adjustment of Disputes

Section 8 - Adjustment of Disputes



Union Representation

8.01The Union shall be entitled to select Stewards, some of whom may be designated Chief Stewards, for the major divisions of the Works, and also Stewards for the divisions as set forth in Appendix "H" hereto.


8.02The Chief Stewards and the Union President/Unit Chair of the Hamilton East facility shall constitute a Grievance and Negotiating Committee of five (5) members, one (1) of whom shall be Chairman.


8.03Employees so selected to represent the Union shall at the time of their appointment have at least one (1) year of service. The Union shall advise the Company in writing of all employees so selected.


8.04The duties of the Chief Steward, Stewards and Grievance Committee shall be to assist in adjusting disputes in accordance with the terms of this Agreement. Stewards shall be limited to the servicing of disputes in the division for which each is appointed while such disputes are being processed through Step No. 1. Chief Stewards shall be limited to the division of the Company for which each is appointed while such disputes are being processed through Step No. 2, and as members of the Grievance Committee to the extent hereinafter provided.


8.05The Grievance Committee shall be afforded such time off without pay (except as hereinafter provided) as may be required for attendance at meetings with Management, which the Union requests. Each member of the Grievance Committee will be paid at his average hourly earned rate during the preceding pay period, for attendance at meetings held for the processing of grievances at Step No. 3 and Step No. 4, up to but not exceeding, a total of thirty two (32) hours in any calendar month for the whole Committee, and the hours may be cumulative during the term of this Agreement. Union members shall be paid at their average hourly earned rates for attendance at meetings called by Management.


8.06A representative of the Union shall obtain the perªmission of his Supervisor before leaving his work to deal with a grievance. Such permission shall not be unreasonably withheld.


Grievance Procedure

8.07Step No. 1

Any employee who believes that he has a justifiable grievance may discuss and attempt to settle same with the shift supervisor, with or without a Steward being present, as the employee may elect. Grievances not adjusted in this way within two (2) working days may be appealed to Step No. 2.

Where the employee elects to have a Steward present, the settlement of a grievance at Step No. 1 shall not constitute a precedent nor be used as a precedent in future cases by either the Company or the Union and shall be without prejudice to the position of either party.


8.08Step No. 2

Notice of appeal must be given to the Division Head by the Chief Steward of the division within three (3) working days after receiving the decision of the supervisor. Such notice shall consist of a verbal statement of the grievance containing particulars of the incident giving rise to the grievance The Division Head shall meet with the Chief Steward (and the griever when mutually agreed upon) within ten (10) working days, and investigate the grievance and attempt to settle it. A verbal decision shall be given by the Division Head within four (4) working days after the date of such meeting. Grievances not adjusted in Step No. 2 may be appealed to Step No. 3.


8.09Step No. 3

Notice of appeal must be given in writing within seven (7) working days from the date of the verbal decision of the Division Head to the Human Resources Manager of who shall meet with the Chief Steward, within ten (10) working days, and investigate the grievance and attempt to settle it. A written decision shall be given by the Human Resources Manager within ten (10) working days after the date of such meeting.


8.10Step No. 4

  1. Notice of appeal must be given in writing within seven (7) working days from the date of the written decision from the Human Resources Manger. The Director shall meet with the Grievance Committee, which may be accompanied by an International Representative of the Union, to investigate the grievance and attempt to settle it. A written decision shall be given by the Director within ten (10) working days after the date of such meeting.

  2. The parties agree to use the services of a grievance mediation officer, on a non binding basis, prior applying for arbitration.


8.11Except as otherwise provided, grievances must be presented at Step No. 2 within nine (9) working days from the date of the incident giving rise to the grievance. Grievances not presented within the times aforesaid shall not be considered under the Grievance Procedure and in any event are not arbitrable.


8.12A grievance once processed at any step of the Grievance Procedure will not be again considered except by way of appeal taken within the times therein provided.


8.13No employee other than a probationary employee shall be discharged without first being given seven (7) days notice, except in cases of serious misconduct when discharge shall be effective immediately. The Company will notify the Chief Steward of all immediate discharges or notices of discharge given to employees in his division within forty eight (48) hours after such discharge or notice of discharge has been effected. Grievances relating to discharge or notice of discharge may be initiated at Step No. 3 of the Grievance Procedure.

8.14
  1. In the event that more than one (1) employee is directly affected by one (1) specific incident and each such employee would be entitled to process a grievance, the Chief Steward may sign the statement of the grievance on behalf of the aggrieved employees and shall identify the grievance as a "Group Grievance". Where retroactive wages are claimed, the names of such employees shall be attached to the grievance.

  2. If the Company is alleged to have violated any such provisions of this agreement and such violation affects the interest of the Union as a party to the Agreement, the Union may file a grievance, beginning at Step No. 2, which shall be signed on behalf of the Union by the Chairman of the Grievance Committee and shall be identified as a "Union Policy Grievance".

  3. Grievances that concern the interpretation, application or administration of the CWS Manual may be initiated by the Union and shall be resolved in accordance with the provisions of this Section beginning at Step No. 3.


8.15The Grievance and Arbitration Procedure may be invoked by the Company. Such grievances may be initiated by the Company at Step No. 3 of the Grievance Procedure by filing with the Chairman of the Grievance Committee. For such purposes the provisions of this Section 8 shall be read and construed with necessary changes.


Arbitration

8.16Grievances, not adjusted in the Grievance Procedure, relating to the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be referred to Arbitration by notice in writing to the Plant Manager within fifteen (15) working days from the date of his written decision. Such notice shall specify the Agreement clauses involved.


8.17Within ten (10) days from the date on which the grievance is referred to arbitration, the parties shall meet and attempt to agree to a single arbitrator. If the parties agree to a single arbitrator, but do not agree on the appointee, the arbitrator shall be appointed by the Minister of Labour for Ontario.

In the event that the parties agree on a single arbitrator, this section will be interpreted to reflect one single arbitrator.


8.18The two (2) appointees so selected shall, within five (5) days of the appointment of the second of them appoint a third person who shall be the Chairman.


8.19Where the representative of the Union has been appointed in accordance with Clause 8.17 and the Company fails to appoint a representative as therein provided, or where the two (2) representatives fail to agree upon a Chairman within the time specified, the appointment shall be made by the Minister of Labour for Ontario, upon the request of either party.


8.20The Board shall not have any authority to alter or change any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, or to give any decision contrary to the terms and provisions of this Agreement, or to deal with wages except as provided in this Agreement, but, save as aforesaid, the decision of the Board or of a majority of the arbitrators shall be final and binding upon the Parties hereto and upon any employee or employees concerned. The Board may nevertheless decide whether or not retroactive wages are payable because an employee has been deprived of wages as a result of a violation of the Agreement by the Company and, where such violation involves disciplinary action resulting in loss of wages, whether the disciplinary action should be modified if in the opinion of the Board the extent of the discipline is unreasonable in relation to the offence. Except as otherwise provided in this Agreement, the Board may not award such retroactive pay for a period in excess of sixty (60) days immediately preceding the date of the written statement of the grievance provided at Step No. 2 of the Grievance Procedure.


8.21In no event will retroactive pay be allowed in connection with the settlement of a grievance of an individual employee or a group of employees who, while the grievance is pending, engages in a work stoppage, strike, slowdown, sit-down, or any other interference with production or work.


8.22The Union and the Company shall each pay one half (1/2) of the remuneration and expenses of the Chairman of the Board, and save as aforesaid, shall each bear its own expenses of any such arbitration.






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