ARTICLE 8 – GRIEVANCES
Section 1. A grievance is any controversy between the Company and the Union as to the interpretation of this Agreement, a charge of violation of this Agreement, or a charge of discrimination involving wages, hours, or working conditions resulting in undue hardships.
Section 2. Grievances as defined in Section 1 above shall be settled in the following manner and the steps set forth must be followed in the order listed and within the time limits prescribed unless the Company and the Union mutually agree to a waiver or extension.
The grievance shall be orally presented to the Supervisor by the aggrieved or the departmental steward within ten (10) working days after the event giving rise to the grievance. The departmental supervisor and steward will make a fair and reasonable effort to settle the grievance in Step 1. No one other than the aggrieved and the departmental steward shall participate in presenting grievances under this Step.
No settlement in this Step 1 shall be made in violation of this Agreement.
If a settlement is not reached within ten (10) working days after oral presentation to the Supervisor the grievance may be referred to Step 2.
After receiving a final reply from the Supervisor, grievances to be referred to Step 2 shall be reduced to writing by the departmental steward with a clear statement of the issues involved and relief sought. Grievances thus reduced to writing shall be presented to the departmental supervisor within ten (10) working days of the supervisor’s final reply, who shall promptly transmit the written grievance to the Labor Relations Representative for handling in accordance with Step 2.
The Union Grievance Investigator and/or Area Steward shall meet with the Labor Relations Representative within a reasonable period of time after the written grievance has been presented to the departmental supervisor. The Union may within its sole discretion determine whether or not the aggrieved employee is needed to participate at the meeting and, if so, then the employee will notify his supervisor in advance of the need to participate at the meeting and the aggrieved shall be permitted to participate at the meeting limited to times when their grievance is being discussed. If the meeting is held during working hours, the Company agrees to pay employees for such time up to the regular quitting time providing such employees would be normally working at that time.
The time and place for meeting under this Step 2 shall be at the discretion of the Labor Relations representative. The designated Labor Relations Representative shall prepare a report of the meeting, together with a written disposition of the matter and forward copies thereof to the Union within ten (10) working days after the written grievance has been reduced to writing and presented to the departmental supervisor.
If settlement is not reached in this Step 2 within ten (10) working days after the grievance has been reduced to writing and presented to the departmental supervisor under Step 2, the grievance may be referred to Step 3. If the grievance is not referred to Step 3 within ten (10) working days after the written disposition of the designated Labor Relations representative has been delivered to the Union, the settlement as set forth in his or her disposition shall be final and binding.
To refer a grievance to Step 3, the Business Agent shall present the grievance in writing to the designated Labor Relations representative. The writing shall clearly state the issues involved together with the relief sought.
Grievances referred to Step 3 shall be discussed between the Business Agent of the Union and the designated Labor Relations representative. If settlement is not reached within ten (10) working days after the grievance has been referred to this Step 3, the grievance may be referred in writing to arbitration (Step 4).
The written request for arbitration shall be sent to the designated Labor Relations representative and shall clearly state the issues involved together with the relief sought. If the request for arbitration (Step 4) is not made within thirty (30) working days after the disposition by the designated Labor Relations representative has been delivered to the Union, the settlement set forth in the disposition shall be final and binding.
Not less than ten (10) working days shall elapse from the date of written request for arbitration before a grievance, including discharge cases, shall be arbitrated; provided the parties may mutually agree to exceptions to this provision of Step 4.
It is agreed that the requesting party must request in writing from the Federal Mediation Conciliation Service (FMCS), a regional arbitration panel of no less than seven (7) names, within ten (10) working days from the date of its written notice requesting arbitration. Representatives of the Union and the Company will meet either in person or via teleconference to select an arbitrator. In the event the parties cannot agree on an arbitrator, the choice shall be made by the alternate strike method. The person whose name is not struck shall be named as arbitrator. The determination of who goes first shall be on a rotation basis. Each party shall have the right once on each arbitration case to request a new panel from the FMCS. After a case on which the arbitrator is empowered to rule here under has been referred to him, it may not be withdrawn by either party except by mutual consent.
An arbitrator for a particular hearing shall be notified by the parties of the mutually agreed upon time and place for the hearing. Each party may submit pre- and post-hearing briefs to the arbitrator, which state the position of the parties and furnish to the arbitrator any arguments in support thereof. If either party submits briefs or other written arguments to the arbitrator prior to, during, or following the hearing, the other party will be furnished with copies of such material simultaneously with its being furnished to the arbitrator.
The authority of the Arbitrator shall be limited solely to the determination of the written issue(s) as submitted by the parties, provided that the Arbitrator shall refer back to the parties without decision any matter not a grievance under Section 1 of this Article or which is excluded from arbitration by the terms of Section 3 herein. The Arbitrator shall have no power to add to, or subtract from, or modify, any of the terms of this Agreement, or any agreement made supplementary hereto.
The Company and the Union shall set the time and place of hearing. Hearing dates will be subject to the approval of the Arbitrator. The Arbitrator shall render the decision on a grievance submitted to arbitration within thirty (30) days after the close of the hearing. The Arbitrator’s decision shall be final and binding upon the Company, the Union and employees within the bargaining unit. The expense and fees of the Arbitrator shall be borne jointly by the Company and the Union.
Section 3. It is agreed that the following shall not constitute issues for arbitration: (a) supervision and direction of the working force, (b) schedules of production, methods and processes of manufacturing, (c) the terms of a new agreement.