EMPLOYER, UNION GRIEVANCES
12.01
It is understood that the Employer or the Boilermaker Contractors’ Association may bring a complaint or grievance against the Union or its members, and the Union may bring a complaint or grievance against the Employer or the Boilermaker Contractors’ Association, concerning the interpretation, application, administration or alleged violation of the Collective Agreement. Such a complaint shall be discussed with the Business Manager/Secretary- Treasurer or their Representative, the International Vice-President or their Representative or the Employer, the Boilermaker Contractors’ Association or their Representative, within three (3) working days of the incident and if not resolved shall be reduced to writing and termed a grievance. The grievance must be sent to the applicable Business Manager/Secretary- Treasurer, the International Vice-President, the Employer or the Boilermaker Contractors’ Association within ten (10) working days from the incident giving rise to the complaint.
12.02
After receipt of the grievance, the Business Manager/Secretary-Treasurer or Employer shall give their reply in writing to the Employer or Business Manager/Secretary- Treasurer within ten (10) working days.
12.03
If the Business Manager/Secretary-Treasurer's or Employer's answer in 12.02 is unacceptable, the grievance shall then be discussed within a further five (5) working days of receipt of either reply at a meeting of the International Vice-President or their designated Representative, and a Representative of the Employer. If the matter is not resolved within these five (5) working days, the matter shall be referred to the next step as outlined in 12.04.
12.04
Before proceeding to Arbitration, the Parties shall advise an authorized Representative of the Boilermaker Contractors' Association of the details. At the request of either party, the grievance may be discussed between an International Officer of the Union, an authorized Employer Representative, and an authorized Representative of the Boilermaker Contractors' Association in order to obtain an interpretation of the Collective Agreement in connection with the grievance. If the matter is still not resolved within five (5) working days of referral to the Boilermaker Contractors' Association, then at the request of either party, the grievance may be referred to Arbitration. Prior to advancing to arbitration, the parties shall participate in a resolution conference facilitated by a third party in an attempt to settle the differences. The third party will be mutually agreed upon and any cost for the third party shall be shared equally between the parties. The intent of the foregoing is for the parties to attempt to resolve a dispute prior to advancing to arbitration. For greater certainty, this step does not negate either parties ability to advance a dispute to arbitration in the event the dispute remains unresolved.
12.05
It is understood and agreed that any of the time limits herein may be extended by mutual agreement in writing. In this Article, Saturday, Sunday, and Recognized Holidays shall not be counted as working days.
Not legal advice. Verify the cited article against the signed agreement.