Committee Process. A. Before the Employer changes any printed running or crew schedules, the Inlandboatmen’s Union and the Masters, Mates and Pilots (Unions) shall jointly be consulted to arrange crew schedules reasonably consistent with the health and safety of Deck Hands, Masters, Mates and Pilots, and with properly and conveniently serving the customer, and to provide shifts for Deck Hands, Masters, Mates and Pilots as provided above. The Unions will each name two (2) employees to a committee whose sole purpose will be to examine proposed changes to crew schedules and recommend improvements therein to the Employer. The said committee will meet as is necessary to meet crew schedule changes. Union members will be paid for eight (8) hours at their regular straight-time rate of pay for each committee meeting. Committee meetings will be scheduled to allow time for travel within the eight (8) hour shift. Mileage will be paid as is appropriate. If management extends the committee meeting time, then travel time will be paid as appropriate. B. Should the Employer and the Unions not reach agreement over the proposed crew deck schedules, the Unions may elect to jointly file a grievance and proceed to expedited arbitration based on whether the schedule(s) are reasonably consistent with the health and safety of Deck Hands, Masters, Mates and Pilots. C. In the event of such a dispute, the parties agree upon the following process: i. The Unions and the Employer shall select an Arbitrator deemed qualified to serve as an arbitrator by the Federal Mediation and Conciliation Service (FMCS). The Unions and the Employer shall meet and each will submit a list of eleven (11) arbitrators using the strike method until an arbitrator has been selected. ii. Within five (5) working days of receipt of a grievance being filed as referenced above, the parties shall schedule a meeting with the arbitrator selected. The meeting will be scheduled as expeditiously as possible, but in no event more than fifteen (15) working days from the receipt of the grievance unless otherwise mutually agreed to. iii. At the arbitration hearing, the Arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the parties, as well as to limit the length or volume of information presented. The Arbitrator shall have the authority to question the representatives and their witnesses, and ask for further information, and to control the conduct of the hearing in any fashion. iv. Within ten (10) days of the conclusion of the hearing referred to in paragraph three (iii) above, the Arbitrator shall inform the parties in writing of their decision. The decision shall not alter or amend the terms and conditions of the Collective Bargaining Agreement. The Arbitrator will also include in their decision any analysis or reasoning on which the decision is based. Additionally, if the Arbitrator finds the schedule not reasonably consistent with health or safety standards, the arbitrator will provide the parties guidance as to the changes necessary to bring the schedule into compliance. The decision of the arbitrator shall be final and binding upon the Union, the Employer and the grievant(s).
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Committee Process. A. Before the Employer changes any printed running or crew schedules, the Inlandboatmen’s Union and the Masters, Mates and Pilots (Unions) shall jointly be consulted to arrange crew schedules reasonably consistent with the health and safety of Deck Hands, Masters, Mates and Pilots, and with properly and conveniently serving the customer, and to provide shifts for Deck Hands, Masters, Mates and Pilots as provided above. The Unions will each name two (2) employees to a committee whose sole purpose will be to examine proposed changes to crew schedules and recommend improvements therein to the Employer. The said committee will meet as is necessary to meet crew schedule changes. Union members will be paid for eight (8) hours at their regular straight-time rate of pay for each committee meeting. Committee meetings will be scheduled to allow time for travel within the eight (8) hour shift. Mileage will be paid as is appropriate. If management extends the committee meeting time, then travel time will be paid as appropriate.
B. Should the Employer and the Unions not reach agreement over the proposed crew deck schedules, the Unions may elect to jointly file a grievance and proceed to expedited arbitration based on whether the schedule(s) are reasonably consistent with the health and safety of Deck Hands, Masters, Mates and Pilots.
C. In the event of such a dispute, the parties Parties agree upon the following process:
i. The Unions and the Employer shall select an Arbitrator deemed qualified to serve as an arbitrator by the Federal Mediation and Conciliation Service (FMCS). The Unions and the Employer shall meet and each will submit a list of eleven (11) arbitrators using the strike method until an arbitrator has been selected.
ii. Within five (5) working days of receipt of a grievance being filed as referenced above, the parties shall schedule a meeting with the arbitrator selected. The meeting will be scheduled as expeditiously as possible, but in no event more than fifteen (15) working days from the receipt of the grievance unless otherwise mutually agreed to.
iii. At the arbitration hearing, the Arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the parties, as well as to limit the length or volume of information presented. The Arbitrator shall have the authority to question the representatives and their witnesses, and ask for further information, and to control the conduct of the hearing in any fashion.
iv. Within ten (10) days of the conclusion of the hearing referred to in paragraph three (iii) above, the Arbitrator shall inform the parties in writing of their his/her decision. The decision shall not alter or amend the terms and conditions of the Collective Bargaining Agreement. The Arbitrator will also include in their his/her decision any analysis or reasoning on which the decision is based. Additionally, if the Arbitrator finds the schedule not reasonably consistent with health or safety standards, the arbitrator will provide the parties guidance as to the changes necessary to bring the schedule into compliance. The decision of the arbitrator shall be final and binding upon the Union, the Employer and the grievant(s).
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Committee Process. A. Before the Employer changes any printed running or crew schedules, the Inlandboatmen’s Union and the Masters, Mates and Pilots and the Inlandboatmen’s Union (Unions) shall jointly be consulted to arrange crew schedules reasonably consistent with the health and safety of Deck Hands, Masters, Mates and Pilots, and with properly and conveniently serving the customer, and to provide shifts for Deck Handshands, Masters, Mates and Pilots as provided above. The Unions will each name two (2) employees to a committee whose sole purpose will be to examine proposed changes to crew schedules and recommend improvements therein to the Employer. The said committee will meet as is necessary to meet crew schedule changes. Union members will be paid for eight (8) hours at their regular straight-time rate of pay for each committee meeting. Committee meetings will be scheduled to allow time for travel within the eight (8) hour shift. Mileage will be paid as is appropriate. If management extends the committee meeting time, then travel time will be paid as appropriate.
B. Should the Employer and the Unions not reach agreement over the proposed crew deck schedules, the Unions may elect to jointly file a grievance and proceed to expedited arbitration based on whether the schedule(s) are reasonably consistent with the health and safety of Deck Hands, Masters, Mates and Pilots.
C. In the event of such a dispute, the parties agree upon the following process:
i. The Unions and the Employer shall select an Independent Standing Arbitrator (Arbitrator) as would be deemed qualified to serve as an arbitrator by the Federal Mediation and Conciliation Service (FMCS)American Arbitration Association. The Unions and the Employer shall meet and each will submit a list of eleven (11) arbitrators using the strike method until an arbitrator has been selected.
ii. Within five (5) working days of receipt of a grievance being filed as referenced above, the parties shall schedule a meeting with the arbitrator selected. The meeting will be scheduled as expeditiously as possible, but in no event more than fifteen (15) working days from the receipt of the grievance unless otherwise mutually agreed to.
iii. At the arbitration hearing, the Arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the partiesrepresentatives, as well as to limit the length or volume of information presented. The Arbitrator shall have the authority to question the representatives and their witnesses, and ask for further information, and to control the conduct of the hearing meeting in any fashion.
iv. Within ten (10) days of the conclusion of the hearing meeting referred to in paragraph three (iii) above, the Arbitrator shall inform the parties in writing of their his/her decision. The decision shall not alter or amend the terms and conditions of the Collective Bargaining Agreement. The Arbitrator will also include in their his/her decision any analysis or reasoning on which the decision is based. Additionally, if the Arbitrator finds the schedule not reasonably consistent with health or safety standards, the arbitrator will provide the parties guidance as to the changes necessary to bring the schedule into compliance. The decision of the arbitrator shall be final and binding upon the Union, the Employer employer and the grievant(s). All Deck Officers working regular assignments shall receive in wages not less than eighty (80) times the base straight-time rate for each two (2) week work period; provided, however, that such Deck Officers are available for work at the time scheduled by the Employer. Travel time, if any, shall be included within the scheduled work day, to the extent possible, when Deck Officers are assigned to move vessels to a different terminal or to a repair yard, and such vessel moves do not occupy the entire work day.
Appears in 1 contract
Samples: Collective Bargaining Agreement