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WE ARE THE UNION!
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COMPANY PROPOSAL: ARTICLE 23 GRIEVANCES AND ARBITRATION
1.
Definition.
For purposes of this Agreement, a grievance is defined as a dispute
between the Union and the Employer involving the application of this Agreement
that arises during the term of this Agreement.
For the purposes of this Article, grievances do not include matters that
are subject to collective bargaining during the term of this Agreement.
The Employer’s characterization of discipline as arising under Article
___ (Discipline and Discharge), Section 1 of this Agreement shall not be subject
to Section 4 below. [Open]
2.
Time Limit for Filling Grievance.
Grievances shall be filed within five (5) calendar days of the date of
the event giving rise to the grievance. If
the employee or the Union, with appropriate due diligence, were not aware of the
occurrence of the event which is the subject of the grievance, the grievance
must be filed with seven (7) calendar days of the date the employee or the Union
reasonably could have acquired knowledge of the occurrence of the event.
[Open]
3.
Documentation of Grievance.
Any grievance shall be reduced to writing and submitted to the designated
representative of the Employer. The
written grievance shall set forth the specific provisions of the Agreement
alleged to have been violated and shall contain a brief description of the facts
upon which the grievance is based. At
the time it submits a grievance to the Employer, the Union shall furnish the
Employer with copies of any and all written statements, reports, documents, or
other information, in whatever form, relied on by the Union or the grievant in
bringing, or in support of the grievance. For
the purpose of attempting to resolve grievances prior to arbitration, the
parties shall make full disclosure to each other of all facts and evidence known
to them that bear on the grievance. [Open]
4.
Procedure for Adjusting
Grievances. All grievances,
aside from those covered by Article ___ (Discipline and Discharge), Section 1 of
this Agreement, shall be adjusted exclusively n the following manner:
[Open]
(a) Grievance. An informal fact-finding hearing shall be held within ten
(10) days of the submission of the written grievance. The hearing shall involve the grievant; one (1) Employer
representative, who shall be employed in the Employer’s Human Resources
Department; one (1) management representative from the grievant’s department;
and one (1) Union representative. The
Employer’s representatives and the grievant may bring witnesses who can
present relevant facts concerning the situation precipitating the grievance.
The response to the grievance shall be made within ten (10) days of the
conclusion of the hearing. Grievances
shall not be heard or processed during the grievant’s and/or the Shop
Steward’s working time. [Open]
(b) Arbitration. Where a grievance remains unresolved after being heard in
accordance with the above provision (except those excluded under Article ____,
Section 1), it must be processed for arbitration within ten (10) calendar days
from the date of the response to the grievance. Within thirty (30) calendar days following notice of the
Union’s intent to proceed to arbitration, the Union and Employer shall select
from a permanent panel of seven (7) arbitrators, previously agreed to by both
parties, and comprised of the following persons:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The parties shall select by alternate strike, and the dispute submitted
to the final arbitrator remaining. The
party who shall strike first shall be decided by coin-toss. No arbitrator shall be chosen to serve in two (2) consecutive
arbitrations unless by mutual consent of the parties. The arbitrator shall be notified in writing of his/her
selection, and shall have no authority, jurisdiction or power to amend, modify,
nullify or add to the provisions of this Agreement.
The award of the arbitrator shall be final and binding upon the Employer,
the Union, and the employee(s) involved. The cost of the arbitrator’s service
shall be borne by the losing party. Each
party shall bear the expense of preparing its case and shall make arrangements
for the expense of it own witnesses or others selected or called by a party to
attend or appear before the arbitrator. [Open]
5.
Time Limits.
The time limits and other provisions set forth in this Article ___ cannot
be extended or waived unless mutually agreed in writing, and failure on the part
of the Union to comply with the time period set out above shall result in the
grievance being considered waived or abandoned.
The Employer may raise the issue of the time ______ or waiver up to and
including at arbitration, and its failure to raise the issue previously will not
be deemed a valid claim. If the
Employer fails to respond within the time limitations outlined herein, the Union
may proceed to the next step of the grievance and arbitration process and shall
not be deemed a waiver. Arbitrations
shall be limited to a single grievance for a single employee, unless the
Employer and Union mutually agree to the contrary.
[Open]
UNION
COMMENTS/OPINION: See
"Status Quo": See Union Proposal: Union ARTICLE 23: GRIEVANCE AND ARBITRATION
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