Amalgamated Transit Union (ATU) Local 107 - City of Hamilton

ARTICLE 10 - DISCHARGE CASES
10.01 In the event of an Employee who has attained seniority being discharged
from employment, and the Employee feeling that an injustice has been
done, the case may be taken up as a grievance.
10.02 All such grievances shall be filed within five (5) working days of the
discharge with the Director of Employee and Labour Relations, or his
designate. A grievance meeting shall be held within a further five (5)
working days and the Director of Employee and Labour Relations, or his
designate, shall render a decision in writing within five (5) working days of
the grievance meeting. If the final settlement of the grievance is not
arrived at it may be referred to an Arbitrator, as provided for in Article 7
within fifteen (15) days of when the decision was rendered. All preliminary
steps of the grievance procedure prior to Step No.2 will be omitted in such
case.
The timelines contained in this article may be extended only by mutual
consent of both parties.
10.03 Such special grievances may be settled by confirming management's
action in dismissing the Employee, or by reinstating the Employee with full
compensation for time lost, or by any other arrangement which is just and
equitable in the opinion of the conferring parties.
10.04 When an Employee has been dismissed without notice, a member of the
Grievance Committee shall have the right to interview the Employee
before they leave the City (HSR)'s premises.
An Employee who declines to be interviewed must sign a waiver form.
ARTICLE 11 - NO STRIKES - NO LOCKOUTS
11.01 In view of the orderly procedure established by this agreement for the
settling of disputes and the handling of grievances, the Union agrees that,
during the life of this agreement, there will be no strike, slowdown or
stoppage of work, either complete or partial and the City (HSR) agrees
that there will be no lock out.
11.02 The City (HSR) shall have the right to discharge or otherwise discipline
Employees who take part in or instigate any strike, stoppage, or
slowdown, but a claim of unjust discharge or treatment may be the subject
of a grievance and dealt with as provided in Article 6 above.
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