WE ARE THE UNION!
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WE ARE THE UNION!
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UNION PROPOSAL: ARTICLE
23: GRIEVANCE AND ARBITRATION
Section
1.0 A
grievance is a complaint or dispute which involves questions of interpretation,
violations or application of any of the provisions of this Agreement filed by a
bargaining unit employee or by the union. Grievances shall be adjusted by and
between the parties in the manner provided herein. Section
1.1 The
following procedure will apply: STEP 1: The employee’s grievance must be presented in writing to the
employee’s supervisor no later
than twenty (20) days after the occurrence of the event giving rise to the
dispute or complaint (or the date on which the employee should have reasonably
known of the event). The written grievance shall state the Article(s) and
Section(s) of the Agreement alleged to have been violated, the nature of the
violation, the remedy or correction desired, and be signed and dated by the
employee or a Union Representative(officer, steward, international union
representative). The Employer will answer the written grievance in writing
within ten (10) days. STEP 2: If the grievance is not settled at Step 1, the written grievance must
be submitted to the ACM within ten (10) days following receipt of the answer
from Step 1. The ACM shall reply in writing to the employee and the Union
Representative within ten (10) days after receipt of the second step grievance. STEP 3: If the grievance is not settled at Step 2, the written grievance must
be submitted to the Manager of Human Resources or his designee within ten (10)
days after receipt of the answer in Step 2. The Manager of Human Resources or
his designee shall reply in writing to the employee and the Union Representative
within ten (10) days after receipt of the third step grievance. Section
1.2 Any
grievance based upon the discharge of an employee shall be referred directly to
Step 3 of this procedure within ten (10) days following the date of notice of
the discharge. Section 1.3
If the grievance is not settled under Step 3, the Union may within
fourteen (14) days following receipt of the Step 3 answer and with notice to the
Employer submit the matter to the Federal Mediation and Conciliation Service (FMCS)
for a panel of arbitrators, who are members of the National Academy of
Arbitrators. The FMCS shall thereafter submit a panel of seven (7) proposed
arbitrators to the parties and the parties shall select one arbitrator suitable
to both parties within 14 days. Each
party shall alternately strike one name until only one remains. Whichever party
strikes first shall go second next time and the parties shall alternately repeat
the process. Section 1.4 The fees and expenses of
the arbitrator shall be borne equally by each party. Each party is responsible
for all other costs, including attorneys’ fees. Section 1.5
The arbitrator shall have the jurisdiction and authority to apply,
interpret, and determine compliance with the terms of this Agreement to address
the grievance, but may in no case add to or modify in any way the provisions of
this Agreement. The decision of the arbitrator shall be confined to the matter(s)
submitted to him for arbitration. The arbitrator’s decision is final and
binding. Section 1.6
The time limits specified in this Article may be waived or modified by
mutual written agreement of the parties at any time. Section 1.7
If the employee or the Union fail to process the grievance at any step
within the time limits, the grievance shall be deemed to have been withdrawn. If
the Employer’s designated representative fails to answer a grievance within
the specified time limits, the Union shall have the right to immediately appeal
the grievance to the next step of the grievance/arbitration procedure.
UNION
COMMENTS/OPINION: See
"Status Quo": See Company Proposal: company Article 23: GRIEVANCES AND ARBITRATION
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