Contract Table of Contents
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Letter of Understanding /
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January 1, 2008 to December 31, 2010
9.01 - Shop Stewards
Shop Stewards, who shall be regular employees of the Company, shall be elected by the Union and recognized by the Company. The Union agrees to advise the Company of the names of Shop Stewards, in writing, and also of any changes from time to time.
9.02 - Plant/Management Committee
A Joint Plant/Management Committee, consisting of at least two (2) grievance committee members or their designate(s) and at least two (2) representatives of the Company, shall meet as required at the request of the Management or the Union Committee.
9.03 - Grievance Steps
The steps to be taken in handling of any grievance shall be:
STEP 1:
The aggrieved employee shall notify his Shop Steward, who shall immediately request time off from his supervisor to discuss the matter if it is extremely urgent. If the case is not urgent, then the Shop Steward with or without the aggrieved person shall take up the matter verbally with the Supervisor at the end of the shift. Failing a satisfactory settlement, the grievance shall be put in writing on the grievance forms provided by the Union and shall be signed by the aggrieved and the Supervisor. The Supervisor shall give his answer within forty-eight (48) hours, after which the second step shall be invoked.
STEP 2:
The grievance report shall then be submitted to the Manager by the Shop Steward, who shall place his answer in writing on the form provided and return same to the Shop Steward within forty-eight (48) hours.
STEP 3:
The Shop Steward, along with a representative or representatives of the Union, shall meet with representatives of the Company, along with the President or his designate in an attempt to reach a satisfactory settlement. Within five (5) days of the meeting the Company will provide an answer in writing to the Union. Should the Union feel that the matter has not been resolved to their satisfaction, the Union may within five (5) days of receiving the answer advance the grievance to Step 4.
Policy Grievances may be submitted at Step 3. 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.
Dismissals may also be instituted at Step 3.
STEP 4:
The grievance shall be submitted to arbitration.
9.04 - Industry Trouble-shooter
Where a difference arises between the parties relating to 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 a difference may be referred to an Industry Trouble-shooter only by the mutual consent of the parties.
In the event the parties are unable to agree to the Industry Trouble-shooter process, the issue will revert back to the normal grievance and arbitration process, as outlined in Article 9.
The Industry Trouble-shooter will provide non-binding recommendations unless the parties agree otherwise. The powers of the Industry Trouble-shooter will be the same as those powers provided under the Labour Relations Code to a Board of Arbitration.
The intent of the Industry Trouble-shooter process would be to resolve disputes in an expedited fashion. The parties will endeavour to reach an agreed to statement of facts prior to the hearing, and the number of witnesses will be limited.
The Industry Trouble-shooter will endeavour to provide their recommendations within a period of twenty one (21) days of the hearing.
9.05 - Grievance Time Limit
All non-monetary grievances must be initiated within five (5) working days from the date of the alleged irregularity. Grievances of a monetary nature must be initiated within twenty (20) working days. Any grievances initiated after the deadline will be considered null and void, and for more certainty, both parties agree that a Board of Arbitration will not have the ability to hear such grievances.