AUPE agreement with Lakeland College 2017-20

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the grievance is a class of grievance that may be referred to adjudication pursuant to paragraph (c)(iv) of Clause 13.01. 13.07

13.08

Adjudication (a)

Subject to Clause 13.06(d), if an Employee is not satisfied with the answer or settlement they received from the Designated Officer at Level 2 and the Employee wishes to pursue their grievance, they must submit their grievance for adjudication, in accordance with the Act, provided that the Employee has the approval of the Union, except that Union approval is not mandatory where an Employee is grieving dismissal. The Union shall notify the President of the College in writing of a submission of an alleged grievance to adjudication. Such notification shall include a copy of the alleged grievance.

(b)

A submission to adjudication must be made within fifteen (15) days of the receipt of the reply at Level 2. Such submission shall be by registered mail.

Time Limits and Procedures (a)

When the aggrieved fails to process a grievance within the time limits and procedures specified in Clause 13.05, 13.06, 13.07, 13.10, and 13.14 they shall be deemed to have abandoned their grievance.

(b)

When the party receiving a grievance fails to process the grievance within the time limits specified in Clause 13.05, 13.06, or 13.10, the aggrieved shall automatically be eligible to advance their grievance to the next higher level, except that to advance to adjudication a grievance must be a grievance as defined pursuant to Clause 13.01(c)(iv).

(c)

When it is necessary to use the postal service to process a grievance, all correspondence between the respondents to the grievance or their representatives and the Employee and their representatives shall be by registered mail.

(d)

When a grievance is processed by registered mail, the grievance shall be deemed to have been submitted on the day on which it was registered by the aggrieved. Similarly, the Designated Officer shall be deemed to have submitted a reply at any level on the date on which the letter containing the reply was registered. The time limit within which the aggrieved may submit their grievance to the next higher level shall be calculated from the date on which the Designated Officer’s reply was delivered to the address shown on the grievance form.

(e)

When a grievance or reply is delivered by hand, it will be dated the date it was delivered.

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