THE INTERNATIONAL UNION OF ELECTRONIC, ELECTRICAL, SALARIED, MACHINE AND FURNITURE WORKERS

 

 

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ARTICLE V - GRIEVANCE PROCEDURE

8. A complaint arising over wages, hours, or working conditions between the Company and the Union as to the meaning or application of the provisions of this agreement, shall be settled as promptly as possible in accordance with the following procedure. 

9. Any employee having a complaint in connection with his or her work or conditions of employment may see the Supervisor and attempt to adjust the complaint, or see the Supervisor and request representation. 

9.1 The employee may request to consult with his or her Steward. Upon receiving an employee´s request to see the Steward, the Supervisor shall bring the Steward promptly. 

9.2 The employee and Steward shall have ample time and opportunity for private discussion. 

9.3 The employee, the Supervisor, and the Steward shall discuss the complaint for the purpose of settling the specified complaint as promptly as possible, if the complaint cannot be thus adjusted then 

STEP 1-By the Chief Steward and the Manager or the appropriate divisional representative of the plant in which the grievance arose, and if not satisfactorily adjusted then, and only then can a written grievance be submitted by the Steward and/or Chief Steward in accordance with this Article. The Union shall submit the grievance in writing to the Manager or the designated representative of the Company and shall state the Paragraph of the Agreement for which the violation is claimed. The grievance shall be processed as provided herein and shall be presented within ten (10) working days of the alleged violation. The Manager or the designated representative of the Company must give its written decision within two (2) working days. The grievance will be settled in favor of the employee if the Company fails to give its written decision within two (2) working days. The grievance shall be considered cancelled unless the Union notifies the Company in writing within five (5) working days that it is being placed in the 2nd step. Such notification may be made on a form provided by the Company, and a duplicate retained by the Union; but in any event, a grievance shall not be discussed at the next-scheduled 2nd step meeting unless presented to the 2nd step at least twenty-four hours prior to such meeting. 

STEP 2-By the Union Grievance Committee and other designated representatives of the Union, and a representative or representatives of the Management at regularly scheduled weekly or specially called meetings. The grievance will be settled in favor of the employee if the Company fails to give written disposition within ten (10) working days after the 2nd step grievance meeting in which the grievance was discussed. The grievance shall be considered cancelled unless the Union notifies the Company in writing within ten (10) working days of its intention to panel the grievance for arbitration as provided herein. When an extension of the time limits would contribute to the proper settlement of any grievance, the parties may mutually agree, in writing, to grant such extension. Grievances may be amended in any Step. If the grievances are not satisfactorily adjusted, then 

STEP 3-The grievance shall be referred to a Board of Arbitration in accordance with the provisions set forth in this Article. 10. Retroactive pay settlements of grievances shall be limited to a period not to exceed sixty (60) days prior to the date of filing of such grievance. All retroactive payments shall be limited to the amount of pay an employee would otherwise have earned, less any wages he or she may have earned from any source during the period above specified. However, any income earned by an employee from other normal and regular employment will not be deducted from any retroactive settlement, provided such employment commenced prior to the disciplinary action. 

10.1 If a grievance is not presented within the applicable time limit, it shall be barred. 

11. Before a Steward leaves his or her job or his or her department to handle a complaint or grievance, he or she shall obtain permission from his or her Supervisor. Should he or she go into another department, he or she shall report to the Supervisor of that department. In the event an employee is called in by either party to participate in the settlement of an individual employee´s complaint or grievance, such employee shall be paid for time so spent at their regular day work rate. These provisions shall apply only to the processing of the grievance by the Manager or the appropriate divisional representative and shall not apply to grievances involving groups of employees. 

12. The Company and the Union shall exchange current lists of their designated representatives for the handling of complaints and/or grievances. Arbitration Procedure 

13. The Union and Company shall select their member of the Board of Arbitration. The procedure for selecting the arbitrator´s chairman of the board will be as follows: 

13.1 The Union and the Company shall select two Arbiters for the purpose of deciding disputes and grievances that arise between the Union and Company. 

13.2 The first Arbiter selected will act as chairman of the board and serve as long as acceptable to both the Union and the Company and the second Arbiter selected shall serve as the alternate in case the first one is terminated or does not have any date available within a sixty-day period of the Union notification of its intent to arbitrate. If the Union and Company are unable to select such arbitrators by mutual consent, then 

13.3 The Federal Mediation and Conciliation Service will be requested to appoint a panel of five members. Both Union and Company shall strike a name alternately from the panel within ten (10) days after receiving the panel. The last remaining name will be the Arbiter. 

13.4 The alternate Arbiter will be selected through the same procedure as the first Arbiter and shall serve as long as acceptable to both the Union and Company. 

13.5 The selection of the chairman(s) of the Board of Arbitration shall commence no later than thirty (30) days after signing of this Agreement. 

14. In the submission to arbitration of grievances arising over wages, hours, and working conditions, as to the meaning or application of the provisions of this agreement, each Board of Arbitration hearing such grievances shall be limited to the hearing of not more than six (6) non-discharge grievances nor more than four (4) discharge grievances. 

15. The Arbiter shall serve as long as- acceptable to both parties and thereafter until his or her successor is selected. Either party may initiate the termination of the Arbiter´s services by serving the Arbiter and other party with written notice. His or her successor will then be selected as provided in this Article in the event of a vacancy. 

16. Each party shall pay the expenses of its own representative on the Board of Arbitration and shall pay one half of the expense of the third Arbiter, and other expense incurred in connection with such arbitration proceedings. 

17. The Union will give notification to the Company of the number of each grievance and the name of each grievant of those grievances to be assigned to a panel. Either party or the parties shall; within thirty (30) days from the date of notification, select such Arbiter as provided herein and shall also, within that same period, agree to the Arbiter´s earliest date for a hearing if the parties cannot mutually agree to any other date. 

17.1 In the event the Company does not comply with the provisions of this Paragraph the grievance will be settled in favor of the employee. 

17.2 In the event the Union does not comply with the provisions of this Paragraph the grievance shall be considered cancelled. 

18. Grievances submitted to arbitration will proceed in accordance with the provisions of this paragraph. 

18.1 If the parties mutually agree, a grievance or grievances may be submitted to the selected Arbiter by written briefs, without the necessity of a formal hearing. Each of the parties shall have the right to file a rebuttal brief within thirty (30) days after the receipt of the written brief from the other party, if either party so desires. 

18.2 The Arbiter will render a bench decision following the hearing and will forward a written decision to the Company and Union within five (5) working days of the date of the hearing, except that 

18.3 Should either party request at the time the grievances are paneled that they desire to have a transcript and retain the right to file briefs it shall be granted. The Arbiter, under this subparagraph will have thirty (30) days after the submission, to render in writing the finding and decision of each grievance. 

19. Grievances in an established panel may be changed and/or substituted for not less than twenty (20) days before the date of such arbitration hearing. 

19.1 The ruling of the Board of Arbitration shall be final and binding upon the parties hereto. 

20. Any individual employee shall have the right to present complaints and/or grievances in writing to the company without first following the procedure herein provided with respect to grievances. However, Supervisors will not bargain with such individuals on matters referred to in Paragraph 3, or be required to consider such grievances during working hours.