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Article 4 - Grievance And Arbitration Procedure

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Section 1. Stewards shall be selected by the Union from employees at each building location in accordance with its Bylaws and Constitution.

There will be one (1) steward for each shift per building, and one (1) alternate when the regular steward is not at work.

Regular stewards will be given one (1) paid day off per year, paid at the fringe day amount as defined in 10.62c, to be used in conjunction with a Union authorized steward training conference. This day will be granted upon thirty (30) days written notification to the Human Resources Department by the Local Union.

Section 2. The Employer shall grant to any accredited full-time Union representative who is an employee of the Union access to the facility for the purpose of administering the terms of the Agreement. Such Union representative shall sign in and out on appropriate sign-in sheets. Neither representatives of the Union nor the steward will be permitted to engage in lengthy discussions with employees which might interfere with the Employer’s business. A steward, upon reasonable notice and prior approval of their supervisor or supervisor in charge, may leave their work station for Union business.

Section 3. A grievance is defined as an alleged violation, misinterpretation, or misapplication of the express terms of this Agreement. It is mutually agreed that all grievances, disputes or complaints arising under and during the term of this Agreement shall be settled in accordance with the procedure herein.

Section 4. The time elements in the steps established in Sections 5, 6, and 7 below can be shortened or extended by mutual agreement. A grievance not advance by the Union to the next higher level within the time limit provided shall be deemed withdrawn and as having been settled. 

Section 5. A request to process a grievance shall be presented, in writing, on the appropriate form, to the Shift Manager or Supervisor/Coach in Charge within ten (10) calendar days after the event took place that is the basis for the grievance with the exception of wage claims, which are limited to sixty (60) days.

Wage claims shall be defined as, and limited to, the following;

(a)   Overdue progression step increases;

(b)   Incorrect wage rates;

(c)    Computer error;

(d)   Errors in mathematical calculation of wage, wage rates or failure to pay for holidays, sick pay or vacation;

(e)    Improper recall of laid off employees.

Any grievance not presented and processed in strict accordance with all time limits established in this Article shall not be considered a grievance under this Agreement and the Employer and the Union need not consider or process the dispute in accordance with this Article.

Section 6. Grievance Procedure. Every effort shall be made to adjust all controversies and disagreements in an amicable manner between the employee and his supervisor. Should any grievance matter arise which cannot be resolved between the employee and his supervisor, the parties will resolve the problem through the following procedure;

Step 1. The steward, and/or Local Union representative, shall make a formal written request to the Shift Manager or Supervisor/Coach in Charge within the time limits established in Section 5 of this Article to discuss a grievance matter.

A conference between the steward and/or the aggrieved employee and a supervisor for the Unit will be held with reasonable promptness. A Union Representative from the Local Union may attend along with a representative from the Company’s Human Resources staff if both parties deem it appropriate.

Any grievance matter resolved by the parties at Step 1 shall be considered non-precedent setting and without prejudice to the rights of the Employer or the Union in anyt further grievances that may arise.

Step II. Should the Union be dissatisfied with the Step 1 answer, a grievance form must be submitted to the Unit Director, signed by the aggrieved employee and an accredited full-time representative and employee of the Union, within ten (10) days after the answer is given to the Step 1 conference.

The grievance form shall indicate: (1) a statement of the grievance and the violation(s) of the agreement alleged; and, (2) the remedy or correction requested. A meeting between an accredited full-time representative of the Union and the management of the Employer will be held within reasonable promptness.

Any grievance matter resolved by the parties at Step II shall be considered non-precedent setting and without prejudice to the rights of the Employer or the Union in any further grievances that may arise.

Section 7. Grievance Adjustment Board or Arbitration

(a)                      Should the Union be dissatisfied with the Step II answer, the Union may submit the grievance to arbitration. If the Union desires to submit the grievance to arbitration, it must give the Employer formal notice of its appeal to arbitration, in writing, within forty-five (45) days from the date the Step II answer was given.

(b)                      The Executive Board of the Union shall have the exclusive rights to determine whether or not the employee’s grievance shall be submitted to arbitration by the Union.

(c)                      If the notice pf appeal to arbitration is given the arbitrator shall be selected from the rotating panel of seven (7) to ten (10) arbitrators as listed in the letter of understanding dated April 26, 2000.

(d)                     The parties agree that the Arbitrator and the arbitration shall be subject to the following;

1.      The Arbitrator shall be empowered to rule only on grievances which involve the interpretation or application of this Agreement.

2.      The Arbitrator shall not have jurisdiction to add to, detract from, ignore, subtract from or modify any of the terms of this Agreement or written amendments hereof, or to substitute his discretion for that of any of the parties hereto. With respect to discipline or discharge grievances, the Arbitrator shall determine if discharge, discipline or the penalty invoked was for just cause and he shall have the authority to order back pay in whole or in part.

3.      It shall be the responsibility of the Arbitrator to render a decision within thirty (30) days of the closing of the case if possible.

4.      The responsibility of the cost of the Arbitrator’s fees shall be paid by the party against whom the judgment is rendered by the Arbitrator. It shall be the responsibility of the Arbitrator to declare which party is deemed to have lost and, therefore, is responsible for such costs. If the Arbitrator is unable to make such a determination, the cost will be shared equally by the parties.

Each party shall bear the cost of its own witnesses and representatives.

5.  Only one grievance shall be presented to an Arbitrator in any one hearing, unless the parties mutually agree to combine grievances for the same Arbitrator.

5.      The Arbitrator’s decision on an arbitrable matter within his jurisdiction shall be final and binding upon the parties.

When arbitration has been requested, the parties may agree to present the grievance to the Grievance Adjustment Board. In order to present a grievance to the Grievance Adjustment Board, both parties must agree to utilize this process. The Grievance Adjustment Board shall consist of the Manager of Contract Administration of the Employer and/or his designee and the President of the Local Union and/or his designee and a neutral third party selected by the Employer and the Union. The neutral third party shall be selected by mutual agreement of the parties. Any costs incurred by the third party shall be shared equally by the parties. The parties may submit evidence, oral arguments, and witnesses at the Grievance Adjustment Hearing. Each member of the Grievance Adjustment Board shall have one (1) vote and upon majority vote the decision of the Grievance Adjustment Board shall be binding. This decision will be deemed to satisfy all parties’ request to arbitrate the issue.

Section 8. The Employer shall have the right to discipline or discharge employees for just cause. Any questions surrounding discipline or discharge may be processed by the employee or the Union through the grievance procedure. Grievances concerning discharge shall proceed immediately to Step II of the grievance procedure. Employees shall, at their request, be entitled to Union representation during any disciplinary action or during a corrective action that is recorded which  could be subsequently used as a basis for future discipline. Employees shall receive a copy of any written disciplinary notice or corrective action notice.

Section 9. It is the intention of the contracting parties that, with the exception of those individual grievance privileges expressly set forth in this Agreement in the redress of alleged violations of this Agreement by the Employer, the Union shall be the sole representative of the interests of employees or groups of employees within the bargaining unit.

Subject to the individual rights expressly set forth in the grievance procedure of this Agreement, only the Union, through its properly designated representatives, shall have the right under arbitration procedures or in any judicial or adjudicatory forum to assert and process against the Employer a claimed violation of this Agreement.

Section 10. At any step in the grievance procedure, the Chief Executive Officer of the Local Union shall have the final authority in respect to any aggrieved employee covered by this Agreement to decline to process a grievance, complaint, difficulty or dispute, or further, if in the judgment of the Chief Executive Officer such grievance or dispute lacks merit or lacks justification under the terms of theis Agreement, or had been adjusted or justified under the terms of this Agreement to the satisfaction of the Union Executive Board.

Section 11. It is understood and agreed that all employees within the bargaining unit covered by this Agreement must exercise all their rights, privileges, or necessary procedures under this Agreement, International Constitution and Local Union Bylaws, into the settlement of any and all complaints or grievances filed by such employees before taking any action outside of the scope of this Agreement for the settlement of such grievances. *