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CLRA · UA Pipefitters Local 740 (NL, 2022–2027) · Article 17 · clause 17.01 · page 16 · 2022-2027

GRIEVANCE ARBITRATION

17.01

Where there is a grievance by an employee, the same shall be made in writing to the steward within three (3) working days of the occurrence. The steward shall take the grievance up with the immediate superior of the aggrieved employee.

17.02

An answer shall be given not later than one (1) working day following presentation of the grievance by the steward.

17.03

If the decision has not been given within the prescribed time or if the decision is not acceptable, then the grievance shall be submitted in writing to the employer's representative on the job within one (1) further working day.

17.04

The employer’s representative on the job shall render their decision not later than two (2) working days of being presented with the grievance.

17.05

The local union shall be entitled to submit a grievance in writing directly to the employer's representative on the job who shall render a decision not later than two (2) working days following the presentation of the grievance to him.

17.06

The employer or its representative shall be entitled to submit a grievance in writing directly to the local union. The union shail render their decision not later than two (2) working days following the presentation of the grievance to them.

17.07

Failing settlement, any grievance shall be subject to arbitration in accordance with the following clauses.

17.08

The grievance shall be referred to the Joint Conference Board which will be required to hear the grievance and give an answer within four (4) working days of receiving the grievance. Should the grieving party not be satisfied with the results of this, the procedure will be as follows: (1) Arbitration shall be commenced by either party giving notice in writing to the other party within seven (7) days after the answer given in Article 17:08 setting out the grievance and requesting that the matter be referred to an arbitration in accordance with Section 88, Labour Relations Act. (2) Such board shall consist of three (3) disinterested persons who shall be selected as follows: the employer shall appoint one member, the union shall appoint one member, each to be appointed within five (5) days following receipt of such written notice requesting arbitration, and the members so appointed shall select within ten (10) days after their appointment, a third member, who shall be the Chairperson. (3) If either party shall refuse or neglect to appoint a member as aforesaid to a Board of Arbitration, the Provincial Minister of Labour may be requested by either party to name a member. In the event that the two (2) members appointed are unable to agree upon the selection of a chairman, the said Minister of Labour may be requested by either party to name a Chairperson of the Board. he SS ve. (4) Hearings of the Board shall commence within fifteen (15) days after the appointment of the chairperson, and shall continue in such a manner that the arbitrators shall make their award in writing not later than one (1) month thereafter. The decision of the majority of the Board shall be final and binding upon the parties to this Agreement. (5) The expense and remuneration of the services of the Chairperson and Secretary shall be borne in equal shares by the employer and the Union. The expense and remuneration of the other two (2) members of the Board shall be borne by parties by whom they were selected or for whom they were selected or for whom the said Minister of Labour appointed them. (6) It shall be the duty of the Board to hear all parties concerned and to determine the matter referred to them. Upon determination of the matter, the Board of Arbitration shall make any order which will provide for the final settlement of the matter and make any order that will restore the aggrieved party to its rightful, just and equitable position, including the awarding of such wages to reimburse an employee unjustly discharged as the Board deems proper. (7) Every party to and every party bound by this Agreement and every person to whose behalf the Agreement was entered into shall comply with the provision for the final settlement and give effect thereto. (8) All time limits in this Article may be extended by mutual agreement to the parties thereto.

Not legal advice. Verify the cited article against the signed agreement.