Article / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 /
Appendix / A / B / C / D / E /
Letter of Understanding / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 /
Shop stewards, all of whom shall be regular employees of the Company, shall be elected by the Union and recognised by the Company. There shall be one shop steward tentatively for each department.
There shall be a Grievance Committee, consisting of up to three (3) employees designated by the Union, who are actually then in the employ of the Company, and who will be afforded such reasonable time off as may be required to attend meetings held at the request of the Management or the Grievance Committee.
The Union agrees to advise the Company of the names of members of the Grievance Committee and the Shop Stewards, in writing, and also of any changes from time to time.
In case a grievance arises in any or all departments of the Company's plant, the parties hereto will make an honest effort to settle the differences by proceeding through the following steps until the grievance is settled or otherwise disposed of:
In all cases of suspensions, the Company will notify the Union immediately, if possible, but in no case later than the next working day.Copies of disciplinary write-ups will be promptly given to the employee involved in the action, The Union Steward, and the Plant Committee. Copies of disciplinary records will be removed from the employee's personnel records after a period of one (1) year from the date of issuance of such discipline (two (2) years in the case of suspension) and thereafter shall not be relied upon for any purpose.
Step No. 1
The aggrieved employee shall notify his Shop steward, if a grievance arises, who shall immediately request time off from his Supervisor to discuss the matter if it is urgent. If the case is not urgent, then the Shop Steward with or without the aggrieved person shall take up the matter with the Supervisor at the end of the shift. Failing a satisfactory settlement, the grievance shall be put in writing and submitted to the Supervisor of the employee involved within five (5) working days from the time the grievance arose. The Supervisor shall provide a written answer within twenty-four (24) hours (Saturdays, Sundays and holidays excluded). If this answer is not satisfactory or if no answer is received by the union, the next step of the grievance procedure may be invoked.Step No. 2
The grievance shall be submitted within forty-eight (48) hours to the next level of management. Within five (5) working days the grievance will be discussed and resolved, or if no answer is received by the Union, the grievance may proceed to step 3.Step No. 3
The grievance shall be submitted within forty-eight (48) hours to the Brewery Manager, or Nominee. Within five (5) working days the grievance will be discussed with the Grievance Committee with an additional representative of the Union, if desired, or a written answer will be provided, and if it is not resolved, or if no answer is received by the Union, the grievance may proceed to Step 4.Grievances involving discharge shall be placed in writing and dealt with by starting at Step 3.
The time limits specified in Steps 1, 2, and 3 may be extended by 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, including whether or not a matter is arbitrable.
Step No. 4
Any grievance which has been properly processed through the preceding steps of the Grievance Procedure without being settled may be submitted within thirty (30) days of receiving an answer in Step 3 to arbitration.It is agreed that disputes which are carried to the arbitration stage shall be heard before a single arbitrator. The Company and the Union having expressed confidence in the ability of the following individuals agree that an arbitrator will be selected from the following list based on (i) the nature of the matter to be resolved, and (ii) availability:
Don Munroe Vince Ready Judy Korbin Bob Blasina Allan Hope Colin Taylor Emily Burke Bob Diebolt David McPhillips Stephen Kelliher Bob PecaleezeThe arbitrator shall be requested to render a decision within thirty (30) days from the date of the hearing. The arbitrator shall have no jurisdiction to alter or change any of the provisions of this Agreement, not to substitute any new provisions in lieu thereof.The parties undertake to prepare a "statement of agreed facts" for submission to the arbitrator. This statement will be prepared after a matter has been referred to arbitration and will be prepared jointly by the parties to this Agreement.
The arbitrator's costs shall be equally shared by both parties to this Agreement.
Where the Arbitrator is dealing with a grievance concerning the dismissal or suspension of an employee bound by the Agreement and it finds that the employee has been dismissed or suspended for other than proper cause, the Arbitrator may direct the employer to reinstate the employee and pay to the employee a sum equal to his wages lost by reason of his dismissal or suspension, or such lesser sum as in the opinion of the Arbitrator is fair and reasonable.
Similarly, where the Arbitrator is dealing with a grievance lodged by an employee bound by the Agreement wherein such employee alleges and the Arbitrator finds that the employee has been laid off, demoted or not promoted in violation of the terms of the agreement and provided the employee has raised his grievance without delay after the occurrence giving rise to it, direct the employer to pay to the employee a sum equal to his wages so lost or such lesser sum as in the opinion of the Arbitrator is fair and reasonable.
In view of the orderly procedure arranged for the settlement of grievances, the parties hereto agree, each with the other, that:
- Section 87 of the Labour Relations Code of British Columbia shall be excluded by the operation of Article 10 of this Collective agreement; and
- There shall be no striking on the part of the Union or lockout of employees on the part of the Company during the processing of any grievance or arising out of an award of an Arbitrator determining the same.
Article / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 /
Appendix / A / B / C / D / E /
Letter of Understanding / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 /