DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project for the purpose of completing the construction of the project economically, efficiently, continuously, and without interruptions, delays, or work stoppages. Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article. Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures: (a) When any employee subject to the provisions of this Agreement feels he/she is aggrieved by a violation of this Agreement, he/she, through his/her local union business representative or designated Union Representative, shall, within five (5) working days after the occurrence, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated. (b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint. Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Appears in 4 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement PLA is intended to provide close cooperation between management the Port, Contractor, and laborLabor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Covered Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of SeattlePort, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties Parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement PLA (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement PLA feels he/she is aggrieved by a violation of this AgreementPLA, he/she, through his/her local union Union business representative or designated Union Representative, shall, within five ten (510) working days after the occurrence, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement PLA alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party Party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.three
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement PLA is intended to provide close cooperation between management the Port, Contractor, and laborLabor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project FAA-Funded Covered Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of SeattlePort, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties Parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement PLA (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement PLA feels he/she is aggrieved by a violation of this AgreementPLA, he/she, through his/her local union Union business representative or designated Union Representative, shall, within five ten (510) working days after the occurrence, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement PLA alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party Party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.three
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. (a) This Agreement is intended to provide close cooperation between management and labor. Each of DSI/PCI and the Unions will Alameda County Building and Construction Trades Council, AFL-CIO, shall each assign a representative to this project Project for the purpose of completing assisting the Department, the International and Local Unions, together with the Contractor, to complete the construction of the project Project economically, efficiently, continuously, continuously and without interruptionsinterruption, delays, delays or work stoppages.
Section 2. The Port of Seattle(b) DSI/PCI, Contractors, Unions, and the employees, employees collectively and individually, realize the importance to all parties to maintain of assuring continuous and uninterrupted performance of the work of on the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
(c) DSI/PCI shall administer the processing of the grievance, including the scheduling and arrangement of facilities for meetings at Step 2 and above, the selection of the arbitrator to hear the case and any other administrative matters necessary to facilitate the timely disposition of the case.
Section 32. Any question or dispute arising out of and during the term of this Project Agreement involving its interpretation and application (other than trade jurisdictional disputesdisputes or alleged violations of Article VIII, Section 1, or Article X, Section 4) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/she is aggrieved by a violation of this Agreement, he/shethe employee shall, if intending to grieve the Employee's complaint, give notice of the Employee's grievance through his/her local union the Employee's Local Union business representative or designated Union Representativejob xxxxxxx to the work site representative of the involved Contractor. Such notice, shallto be timely, shall be given within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Local Union or the designated Union Representative job xxxxxxx and the work-work site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, grievance procedure provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedental, except as to the parties directly involved, unless endorsed in writing by DSI/PCI within five (5) days after resolution has been reached.
(b) Should the Local Union(s) or the Project Contractor DSI/PCI or any Sub-other Contractor of whatever tier have a dispute with the other party and, if after conferringconferring within ten (10) working days after the disputing party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.three
Appears in 3 contracts
Samples: Labor Agreement, Labor Agreement, Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, individually realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.on the
Section 3. Any question or dispute arising out of and during the term of this Project Labor Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any an employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five ten (510) working days after the occurrenceoccurrence of the violation, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) of the Local Area Agreement and/or this PLA alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed theprescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Local Area Agreement and/or this PLA alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three seven (37) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Business Manager or his or her designee of a Local Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the Federal Mediation and Conciliation Service to provide them with a list of seven (7) neutral arbitrators from which the Arbitrator shall be selected. The parties shall alternatively strike arbitrators from the list until one remains, who shall preside at the hearing. The party striking first shall be determined by the flip of a coin. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Project Labor Agreement, Project Labor Agreement, Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, individually realize the importance to all parties to maintain continuous and uninterrupted performance of the work of on the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Labor Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any an employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five ten (510) working days after the occurrenceoccurrence of the violation, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) of the Local Area Agreement and/or this PLA alleged to have been violated. The business representative of the local union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.The
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three seven (37) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Business Manager or his or her designee of a Local Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the Federal Mediation and Conciliation Service to provide them with a list of seven (7) neutral arbitrators from which the Arbitrator shall be selected. The parties shall alternatively strike arbitrators from the list until one remains, who shall preside at the hearing. The party striking first shall be determined by the flip of a coin. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Appears in 2 contracts
DISPUTES AND GRIEVANCES. Section 1. 12.1 This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptionsinterruption, delays, or work stoppages.
Section 2. 12.2 The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article, accept when any craft which has a no strike, no lockout grievance procedure which results in final and binding arbitration, then they shall use their local grievance procedures to settle such disputes.
Section 3. 12.3 Any question questions or dispute arising out of and during the term of this Project Agreement (other than trade Trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
: Step l: (a) When any employee subject to the provisions of this the Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) 48 hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
. Step 1: (b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
. Step 2. : (a) The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter. Step 3: (a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an Arbitrator, but if they are unable to do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties, the fee and expenses of the arbitrator shall be borne equally between the Contractor and the involved Local Union(s). Step 3: (b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have the authority to change, amend, add to or detract from any of the provisions of this Agreement.
12.4 The Project Contractor and County shall be notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps.
Appears in 2 contracts
Samples: Construction Agreement, Construction Agreement
DISPUTES AND GRIEVANCES. All grievances or questions of interpretation or application arising under this Agreement shall be processed as follows:
Section 1. This Agreement is intended : An employee or the Union may initiate a grievance by presenting it to provide close cooperation between management and labor. Each the Employer in writing within fifteen (15) days after the matter constituting the grievance has come to the attention of the Unions will assign Grievant or the Union. Prior to filing such a representative grievance an employee having a grievance shall discuss the matter with his manager or department supervisor in an effort to this project for resolve the purpose of completing the construction of the project economically, efficiently, continuously, and without interruptions, delays, or work stoppagesmatter.
Section 2. : The Port of Seattle, Contractors, Unions, and Employer may initiate a grievance by presenting it to the employees, collectively and individually, realize Union in writing within fifteen (15) days after the importance matter constituting the grievance has come to all parties to maintain continuous and uninterrupted performance the attention of the work of the project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this ArticleEmployer.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/she is aggrieved by a violation of this Agreement, he/she, through his/her local union business representative or designated Union Representative, shall, within five (5) working days after the occurrence, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. : The business representative of the local union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative parties hereto shall meet and endeavor attempt to settle a grievance within a period of ten (10) days from the date of filing of the grievance. Should the parties hereto be unable to settle, resolve or adjust the matter within three the period prescribed above, or any extended period which shall have been agreed upon between the Union and the Employer, then either the Union or the Employer shall have the right to submit the grievance to a Joint Local Area Grievance Committee.
Section 4: The Joint Local Area Grievance Committee shall be composed of one (31) working member representing the Union and one (1) member representing the Employer. Both parties shall notify the other of the names of their representatives on the Committee within ten (10) days after timely notice has been giventheir failure to reach agreement under Section 3.
Section 5: The Joint Area Grievance Committee, pursuant to Section 4, shall have jurisdiction of all grievances referred to it, and shall meet within four (4) days of the date such matter was submitted to it. The representative of the Contractor Committee shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve act upon the matter within the prescribed period, the grieving party may, within forty-eight two (482) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral above said meeting, and a decision of the Committee shall be binding upon all parties.
Section 6: In the event of a deadlock, either party may within ten (10) days submit the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes neutral party whose decision shall be kept final. In the event the Employer and the Union are unable to agree upon the selection of a third party, within ten (10) days thereafter the Office of the Federal Mediation and Conciliation Service shall be requested by the Contractor. If the parties fail party requesting arbitration to reach an agreement, the dispute may be appealed in writing in accordance with the provisions submit a list of Step 3 within seven nine (7) calendar days thereafter.9)
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-grievance- arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:Agreement
(a) When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives representativein writing(copying theProject Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail theyfail to resolve the matter thematter within the prescribed periodtheprescribedperiod, the grieving thegrieving party may, within forty-forty- eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Shouldthe Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute Contractorhave adispute with the other theother party and, ,if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.three
Appears in 2 contracts
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and the parties may proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative Council Business Manager and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the Minnesota Bureau of Mediation Services to provide them with a list of seven (7) arbitrators from which the Arbitrator shall be selected by the parties alternatively striking names from the list. The first strike shall be determined by the toss of a coin. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the Contractor and the involved Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Section 4. The Project Contractor and Owner shall be notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps.
Appears in 2 contracts
DISPUTES AND GRIEVANCES. Grievances subject to the procedures of this Article III shall constitute any dispute concerning the interpretation or application of this Agreement or any claimed breach thereof. All grievances arising under this Agreement shall be processed as follows:
Section 1. This Agreement is intended An employee having a grievance shall present such grievance to provide close cooperation between management and labortheir immediate supervisor and, a shop xxxxxxx, if on shift, shall be present, if requested by the employee. Each If the Union determines that the matter merits further processing, such grievance shall be presented, in writing, to the Employer within ten (10) working days of the Unions will assign a representative to this project for the purpose of completing the construction of the project economically, efficiently, continuously, and without interruptions, delays, or work stoppagesits occurrence.
Section 2. The Port of Seattle, Contractors, Unions, and Employer or Union may initiate a grievance by presenting it in writing to the employees, collectively and individually, realize other party within ten (10) working days after the importance to all parties to maintain continuous and uninterrupted performance matter constituting the grievance has occurred. The right of the work of the project, Employer to resort to grievance and agree to resolve disputes in accordance with the grievance-arbitration provisions procedures set forth herein need not be exhausted nor shall it preclude said Employer from seeking injunctive relief only in this Articlea court of competent jurisdiction for violation of Section 4 hereunder.
Section 3. Any question The parties hereto shall meet and attempt to settle a grievance within a period of seven (7) days from the date of filing of the grievance. Should the parties hereto be unable to settle, resolve or adjust the matter within the period prescribed above, or any written extended period which shall have been agreed upon between the Union and the Employer, then either the Union or the Employer shall have the right to submit the grievance to a Joint Local Area Grievance Committee. A matter will be considered timely submitted by the moving party providing the other party written notice within twelve (12) days of filing the grievance or any written extension thereof agreed upon by the parties. The Joint Local Area Grievance Committee shall be composed of one (1) member representing the Union and one (1) member representing the Employer. Both parties shall notify the other of the names of their representatives on the Committee within fifteen (15) days of the filing of the grievance or any written extension thereof agreed upon by the parties. The Joint Area Grievance Committee shall have jurisdiction of all grievances referred to it, and shall meet within twenty (20) days of filing the grievance or any written extension thereof. The Committee shall act upon the matter within two (2) days of the above said meeting, and a decision of the Committee shall be binding upon all parties. The time limits provided may be extended by mutual consent. Should the panel fail to meet or either party fail to appoint a representative to the Committee within the time limits set forth above, the other party may proceed as if a deadlock had occurred. In the event of a deadlock, the parties will automatically submit the dispute arising out to a neutral party whose decision shall be final. In the event the Employer and the Union are unable to agree upon the selection of a third party within ten (10) days thereafter, the Office of the Federal Mediation and during Conciliation Service shall be requested jointly by the parties to submit a list of seven (7) proposed arbiters from the Oregon area. The Employer and the Union shall each alternately strike from this list one name at a time until only one name remains on the list. Both parties shall accept the arbitrator remaining on the list.
Section 4. During the term of this Project Agreement (other than trade jurisdictional disputes) there shall be considered a no strikes, lockouts or cessation of work unless either party fails to promptly follow this grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/she is aggrieved by a violation of this Agreement, he/she, through his/her local union business representative or designated Union Representative, shall, within five (5) working days after the occurrenceprocedure, or had knowledge of or should have known refuses to carry out any decision of the alleged violationarbitrator.
Section 5. Should employee, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Employer or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve initiate or prosecute the matter grievance within the prescribed periodtime limitations set forth above, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violatedwaived.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, individua lly realize the importance to all parties to maintain continuous and uninterrupted performance of the work of on the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Labor Agreement (other than trade jurisdictional jurisdictiona l disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any an employee subject to the provisions of this Agreement feels he/he or she is aggrieved aggrieve d by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five ten (510) working days after the occurrenceoccurrence of the violation, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) of the Local Area Agreement and/or this PLA alleged to have been violated. The business representative of the local union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.The
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three seven (37) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Business Manager or his or her designee of a Local Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the Federal Mediation and Conciliation Service to provide them with a list of seven (7) neutral arbitrators from which the Arbitrator shall be selected. The parties shall alternatively strike arbitrators from the list until one remains, who shall preside at the hearing. The party striking first shall be determined by the flip of a coin. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. 11.1 This Agreement is intended to provide close cooperation between management and labor. Each of the Unions Signatory Union Affiliates will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. 11.2 The Port of Seattle, Contractors, UnionsUnion, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-grievance arbitration provisions set forth in this Article.
Section 3. 11.3 Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed periodp riod, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be formal and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
11.4 The Project Contractor and Owner shall be notified of all action at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES.
Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
: Step I (a) ). When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union Union business representative or designated Union Representativejob xxxxxxx, shall, within five ten (510) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Primary Employer shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Primary Employer) at the conclusion of the meeting but not later than twenty-four five (245) hours working days thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight five (485) hours working days thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
. Step 1 (b) ). Should the Local Union(s) or the Project Contractor Primary Employer or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaintcomplaint within ten (10) business days.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-grievance- arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:Agreement
(a) When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-forty- eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party andand , if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.three
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, individually realize the importance to all parties to maintain continuous and uninterrupted performance of the work of on the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Labor Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any an employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five ten (510) working days after the occurrenceoccurrence of the violation, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) of the Local Area Agreement and/or this PLA alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Local Area Agreement and/or this PLA alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three seven (37) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Business Manager or his or her designee of a Local Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven(7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the Federal Mediation and Conciliation Service to provide them with a list of seven (7) neutral arbitrators from which the Arbitrator shall be selected. The parties shall alternatively strike arbitrators from the list until one remains, who shall preside at the hearing. The party striking first shall be determined by the flip of a coin. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Section 4. The Project Contractor and Owner shall be notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement PLA is intended to provide close cooperation between management the Port, Contractor, and laborLabor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Covered Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of SeattlePort, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties Parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement PLA (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement PLA feels he/she is aggrieved by a violation of this AgreementPLA, he/she, through his/her local union Union business representative or designated Union Representative, shall, within five ten (510) working days after the occurrence, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement PLA alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party Party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. SECTION 1 This Agreement is intended to provide close cooperation between management and labor. Each of The Construction Manager and the Unions will Building and Construction Trades shall each assign a representative to this project Project for the purpose of completing assisting Unions, together with the construction of Contractor, to complete the project Project economically, efficiently, continuously, continuously and without interruptionsinterruption, delays, delays or work stoppages.
Section 2. SECTION 2 The Port of SeattleContractor, Contractors, Unions, Unions and the employees, employees collectively and individually, individually realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. SECTION 3 Any question or dispute arising out of and during the term of this Project Agreement involving its interpretation and/or application (other than trade jurisdictional disputesdisputes or alleged violations of Article VIII, Section 1) shall be considered a grievance and subject to resolution under the following procedures:
(a) STEP 1 When any employee subject to the provisions of this Agreement feels he/she he is aggrieved by a violation of this Agreement, he/shehe shall, through his/her local union his Union business representative or designated Union Representative, shalljob xxxxxxx, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-work site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Union or the designated Union Representative job xxxxxxx and the work-work site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided grievance procedure providing the grievance is reduced to writing, writing setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) . Grievances and disputes settled at Step 1 shall be non- precedential except as to the parties directly involved unless endorsed by the Construction Manager within five days after resolution has been reached and the terms of the resolution are set forth in writing to the Construction Manager. Should the Local Union(s) or the Project Contractor Construction Manager or any Sub-other Contractor of whatever tier have a dispute with the other another party andand if, if after conferring, a settlement is not reached within three (3) working days, the dispute may shall be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. STEP 2 The Business Manager or his designee of the involved Union, together with the International Union Representative representative of that Union, the site representative of the involved Contractor, and the involved Contractor labor relations representative of the Construction Manager shall meet within seven (7) working days of the referral of a the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) fourteen calendar days thereafterafter the initial meeting at Step 2.
(a) If the grievance shall have been submitted but not adjusted under Step 2, either party may request, in writing, within fourteen calendar days after the initial Step 2 meeting, that the grievance be submitted to Arbitrator , pre-selected by the parties to this Agreement, on a rotating basis (starting with ). The then-current Voluntary Labor Arbitration Rules of the American Dispute Resolution Center shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties, and the fees and expenses of such arbitrations shall be borne equally by the involved Contractor and the involved Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed. The Arbitrator shall have the authority to make decisions only on issues presented to him and he shall not have the authority to change, amend, add to or subtract or detract from any of the provisions of this Agreement.
SECTION 4 No adjustment or decision may provide retroactivity exceeding sixty (60) days prior to the date of the filing of a written grievance.
SECTION 5 The Construction Manager shall be notified by the involved Contractor of all actions at Steps 2 and 3 and shall, upon its or their request, be permitted to participate in full in all proceedings at these steps.
SECTION 6 Any dispute concerning solely the application of the terms of the provisions an applicable Schedule A shall be handled in accordance this Article. Any dispute concerning the interpretation and/or the application of this Agreement shall be exclusively handled in accordance with the provisions of this Article IX, or, if applicable, Article VIII or Article XI of this Agreement.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, individually realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site worksite representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.Project
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven seven, (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally be the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide promotes close cooperation between management and labor. Each of the Unions Union will assign a representative to this project for Project, to ensure the purpose of completing the construction of the project Project is completed economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject work, and agree to resolve disputes in accordance with under the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of violating this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative GC/CM Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives at the conclusion of GC/CM Contractor) when the meeting concluded but not later than twenty-four (24) hours thereafterhours. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafterhours, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereofdescription, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project GC/CM Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Appears in 1 contract
Samples: Community Workforce Agreement
DISPUTES AND GRIEVANCES. All grievances or questions of interpretation arising under this Agreement shall be processed as follows:
Section 1. This Agreement is intended : An employee or the Union may initiate a grievance by presenting it to provide close cooperation between management and labor. Each the Employer within fifteen (15) days after the matter constituting the grievance has come to the attention of the Unions will assign Union. An employee having a representative grievance shall within fifteen (15) days following the occurrence giving rise to this project for the purpose of completing grievance discuss the construction of the project economically, efficiently, continuously, and without interruptions, delaysmatter with his xxxxxxx or department supervisor, or work stoppageswithin such period have the Union present the matter to plant management.
Section 2. : The Port of Seattle, Contractors, Unions, and Employer may initiate a grievance by presenting it to the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.Union within fifteen
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/she is aggrieved by a violation of this Agreement, he/she, through his/her local union business representative or designated Union Representative, shall, within five (5) working days after the occurrence, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. : The business representative of the local union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative parties hereto shall meet and endeavor attempt to settle a grievance within a period of seven (7) days from the date of filing of the grievance. Should the parties hereto be unable to settle, resolve or adjust the matter within three the period prescribed above, or any extended period which shall have been agreed upon between the Union and the Employer, then either the Union or the Employer shall have the right to submit the grievance to a Joint Local Area Grievance Committee.
Section 4: The Joint Local Area Grievance Committee shall be composed of one (31) working days after timely notice has been givenmember representing the Union and one (1) member representing the Employer. The representative Both parties shall notify the other of the Contractor shall keep names of their representatives on the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet Committee within seven (7) working days after their failure to reach agreement under Section 3.
Section 5: The Joint Area Grievance Committee, pursuant to Section 4, shall have jurisdiction of all grievances referred to it, and shall meet within four (4) days of the referral date such matter was submitted to it. The Committee shall act upon the matter within two (2) days of the above said meeting, and a decision of the Committee shall be binding upon all parties.
Section 6: In the event of a deadlock, the parties will automatically submit the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes neutral party whose decision shall be kept final. In the event the Employer and the Union are unable to agree upon the selection of a third party within ten (10) days thereafter, the Office of the Federal Mediation and Conciliation Service shall be requested jointly by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions submit a list of Step 3 within seven five (7) calendar days thereafter.5)
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTES AND GRIEVANCES. Grievances subject to the procedures of this Article 3 shall constitute any dispute concerning the interpretation or application of this Agreement or any claimed breach thereof. All grievances arising under this Agreement shall be processed as follows:
Section 1. This Agreement is intended An employee having a grievance shall present such grievance to provide close cooperation between management and labortheir immediate supervisor and, if unresolved, to the Union. Each If the Union determines that the matter merits further processing, such grievance shall be presented, in writing, to the Employer within fifteen (15) working days of the Unions will assign a representative to this project for the purpose of completing the construction of the project economically, efficiently, continuously, and without interruptions, delays, or work stoppagesits occurrence.
Section 2. The Port of Seattle, Contractors, Unions, and Employer or Union may initiate a grievance by presenting it in writing to the employees, collectively and individually, realize other party within fifteen (15) working days after the importance to all parties to maintain continuous and uninterrupted performance matter constituting the grievance has occurred. The right of the work of the project, Employer to resort to grievance and agree to resolve disputes in accordance with the grievance-arbitration provisions procedures set forth herein need not be exhausted nor shall it preclude said Employer from seeking injunctive relief only in this Articlea court of competent jurisdiction for violation of Section 4 hereunder.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/she is aggrieved by a violation of this Agreement, he/she, through his/her local union business representative or designated Union Representative, shall, within five (5) working days after the occurrence, or had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative parties hereto shall meet and endeavor attempt to settle a grievance within a period of seven (7) days from the date of filing of the grievance. Should the parties hereto be unable to settle, resolve or adjust the matter within three (3) working days after timely notice has the period prescribed above, or any extended period which shall have been givenagreed upon between the Union and the Employer, then either the Union or the Employer shall have the right to submit the grievance to a Joint Local Area Grievance Committee. The representative Joint Local Area Grievance Committee shall be composed of one (1) member representing the Union and one (1) member representing the Employer. Both parties shall notify the other of the Contractor shall keep names of their representatives on the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet Committee within seven (7) working days after their failure to reach agreement under Section 3. The Joint Area Grievance Committee shall have jurisdiction of all grievances referred to it, and shall meet within four (4) days of the referral date such matter was submitted to it. The Committee shall act upon the matter within two (2) days of the above said meeting, and a decision of the Committee shall be binding upon all parties. The time limits provided in this paragraph may be extended by mutual consent. Should the panel fail to meet or either party fail to appoint a representative to the Committee within the time limits set forth herein, the other party may proceed as if a deadlock had occurred. In the event of a deadlock, either party may within ten (10) working days submit the dispute to a neutral party for arbitration whose decision shall be final. In the event the Employer and the Union are unable to agree upon the selection of a third party within ten (10) working days thereafter, the Office of the Federal Mediation and Conciliation Service shall be requested by the party requesting arbitration to submit a list of nine (9) proposed arbiters from the Oregon area. The Employer and the Union shall each alternately strike from this second step to arrive list one name at a satisfactory settlement thereoftime until only one name remains on the list. Meeting minutes The name of the arbiter remaining on the list shall be kept accepted by both parties. Costs will be split equally by both parties.
Section 4. During the Contractorterm of this Agreement there shall be no strikes, lockouts or cessation of work unless either party fails to promptly follow this grievance procedure, or refuses to carry out any decision of the arbitrator.
Section 5. Should either the Employer or Union fail to initiate a grievance within the fifteen (15) working day time limitation set forth in Section 1 or 2 hereinabove, such party is deemed barred from further prosecution of such grievance. If either the parties employee or the Union shall fail to reach an agreementcomply with any time limitation set forth hereinabove, the dispute may be appealed in writing in accordance with the provisions both are deemed barred from further prosecution of Step 3 within seven (7) calendar days thereaftersuch grievance.
Appears in 1 contract
Samples: Collective Bargaining Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-grievance- arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party andand , if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the T h e I n t e r n a t i o n a l U n i o n R e p r e s e n t a ti v e a n d t h e involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the gri evance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally be the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party Local Union may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereofhereof, the date on which the grievance occurred, and the provision(s) provisions of the Agreement alleged to have been violated.
(ba) Should the Local Union(s) or the Project Contractor CM or any Sub-Contractor of whatever tier have a dispute with the other party andand if, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed by the Union, in writing writing, in accordance with the provisions of Step 3 3.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the Federal Mediation and Conciliation Service (FMCS) to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of FMCS shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally be the Contractor and the involved Local Union(s).
Section 4. Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. Failure of the Contractor to adhere to the time limits established herein shall result in the grievance being sustained. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed upon. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Section 5. The Owner shall be notified of all actions at Steps 2 and 3 and shall, upon request, be permitted to participate in all proceedings at these steps.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section SECTION 1. This Agreement is intended to provide close cooperation between management and labor. Each of The General Contractor and the Unions will Council shall each assign a representative to this project Project for the purpose of completing assisting the construction of Union, together with the project Contractor, to complete the Project economically, efficiently, continuously, continuously and without interruptionsinterruption, delays, delays or work stoppages.
Section SECTION 2. The Port of SeattleContractor, Contractors, Unions, Unions and the employees, employees collectively and individually, individually realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section SECTION 3. Any question or dispute arising out of and during the term of this Project Agreement involving its interpretation and application (other than trade jurisdictional disputesdisputes or alleged violations of Article VII, Section 1) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement feels he/she he is aggrieved by a violation of this Agreement, he/shehe shall, through his/her local union his Local Union business representative or designated Union Representative, shalljob xxxxxxx, within five (5) working days after the occurrence, or had knowledge of he knew or should have known of the alleged occurrence of the violation, give notice to the work-work site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Local Union or the designated Union Representative job xxxxxxx and the work-work site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided grievance procedure providing the grievance is reduced to writing, writing setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.. Grievances and disputes settled
(b) Should the Local Union(s) or the Project General Contractor or any Sub-other Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may shall be reduced to writing by the Union and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Appears in 1 contract
Samples: Community Development Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative All parties to this project for the purpose of completing the construction of the project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employeesPLA, collectively and individually, realize the importance to all parties to maintain of maintaining the continuous and uninterrupted performance of the work of the project, covered by this PLA and agree to resolve disputes in accordance with the grievance-expedited arbitration provisions set forth in this Article.
Section 32. Any question or dispute arising out of and during the term of this Project Agreement PLA involving its interpretation and application (other than trade jurisdictional disputesviolations of Article XV and Article XVII) shall be considered a grievance and subject to resolution under the following procedures:
(a) Step 1.
i. When any employee subject to the provisions of this Agreement PLA, except employees of Contractors awarded Small Business Enterprise Contracts subject to Article II, Sections 8 and 9, feels he/she is aggrieved by a violation of this Agreement, he/shePLA the employee shall, through his/her local union business representative Local Union Business Representative or designated Union Representative, shall, within five (5) working days after the occurrence, or had knowledge of or should have known of the alleged violationjob xxxxxxx, give notice to the work-site representative involved Contractor within a reasonable time after the occurrence of the violation, or when the violation was made known stating the provision(s) alleged to have been violated.
ii. When any employee of Contractors awarded a Small Business Enterprise Contract, subject to Article II, Sections 8 and 9, feels aggrieved by a violation of this PLA, the employee may give notice to the involved Contractor within a reasonable time after the occurrence of the violation, or when the violation was made known stating the provision(s) alleged to have been violated. Such employees may choose to represent themselves.
iii. The business representative Business Representative of the local union or Local Union, the designated Union Representative job xxxxxxx, or, if applicable, Small Business Enterprise Contract employee and the work-site a representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafterafter timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party party, may, within forty-eight (48) hours one week thereafter, pursue Step 2 of the Grievance Procedure, grievance procedure provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short factual description thereofof the violation, the date on which the grievance violation occurred, and the provision(s) of the Agreement alleged to have been allegedly violated.
(b) Step 2. Should the Local Union(s) ), employees of Small Business Enterprise Contractors, or the Project Contractor Construction Manager or any Sub-other Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three seven (37) working days, the dispute may shall be reduced to writing and proceed to Step 2 3 in the same manner as outlined herein for the adjustment of an employee complaint. With regard to grievances in which a Small Business Enterprise Contractor and its employee(s) are parties, the Council and NASRCC shall be given advance notice prior to the memorialization of the grievance at Step 2.
Step 23. The Business Manager, designee of the involved Local Union together with the International Union Representative representative of that Union, if applicable, the Small Business Enterprise Contractor employee, if applicable, and the representative of the involved Contractor and a representative of the Construction Manager shall meet within seven five (75) working days of the referral of a the dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.to attempt to resolve the
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1A. In the event of a dispute between the parties as to the meaning and/or interpretation of any terms and conditions of this agreement, the parties agree to make an effort to resolve such dispute by joint meetings and discussions. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. B. The Port of SeattleContractor, ContractorsSubcontractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. C. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) a. When any employee subject to the provisions of this the Agreement feels he/he or she is aggrieved by a violation of this Agreement, he/he or she, through his/his or her local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor Subcontractor stating the provision(s) alleged to have been violated. The business representative of the local union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor Subcontractor and the Owners Representative Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor Subcontractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement PLA is intended to provide close cooperation between management Xxxxxx Xxxxxx, Contractors, and laborLabor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Covered Projects economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of SeattleXxxxxx Xxxxxx, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties Parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement PLA (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee subject to the provisions of this Agreement PLA feels he/she is aggrieved by a violation of this AgreementPLA, he/she, through his/her local union Union business representative or designated Union Representative, shall, within five ten (510) working days after the occurrence, or he/she had knowledge of or should have known of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Union or the designated Union Representative and the work-site representative of the involved Contractor and the Owners Representative shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and the Owners Representatives at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement PLA alleged to have been violated.
(b) Should the Local Union(s) or the Project a Contractor or any Sub-Contractor subcontractor of whatever tier have a dispute grievance with the other party Party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Appears in 1 contract
Samples: Project Labor Agreement
DISPUTES AND GRIEVANCES. Section 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this project Project for the purpose of completing the construction of the project Project economically, efficiently, continuously, and without interruptions, delays, or work stoppages.
Section 2. The Port of Seattle, Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work of the projectProject, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
Section 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
(a) When any employee employee(s) subject to the provisions of this Agreement feels he/she is believes they are aggrieved by a violation of this Agreement, he/shethey, through his/her their local union business representative or designated Union Representativejob xxxxxxx, shall, within five (5) working days after the occurrence, or had knowledge of or should have known occurrence of the alleged violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union Union or the designated Union Representative job xxxxxxx and the work-site representative of the involved Contractor and the Owners Representative Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing and (copying the Owners Representatives Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduced to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision(s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Sub-Contractor of whatever tier have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative Business Manager of the Council and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. Meeting minutes shall be kept by the Contractor. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
(a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the Federal Mediation and Conciliation Service to provide them with a list of seven (7) arbitrators with offices in Minnesota from which the Arbitrator shall be selected by the parties alternatively striking names from the list. The first strike shall be determined by the toss of a coin. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended by written consent of the parties involved. The Arbitrator shall have the authority to make decisions only on issues presented within the scope of the Agreement, and shall not have authority to change, amend, add to or detract from any of the provisions of this Agreement.
Section 4. The Project Contractor and Owner shall be notified of all actions at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceedings at these steps.
Section 5. In the event of a dispute between the Owner and the Council (or the Council on behalf of the Union(s)) over the interpretation or adherence to the terms of this Agreement, the Parties agree that the complaining Party shall submit the dispute in writing to the other Party. Within 30 days of such written submission, the Council’s Business Manager and the Owner’s Director of Facilities will attempt to resolve the complaint between or among the Parties. If the Council and Director cannot reach a resolution, then the Parties agree that such dispute will be submitted to a mutually agreed upon mediator. If the Parties agree on a private mediator, the fee and expenses of such mediator shall be borne equally by the Parties. If the Parties are unable to agree on a mediator, one shall be selected through the Minnesota Bureau of Mediation Services. Either Party may request mediation. Such mediation shall take place within 30 days of the request for mediation. If the Parties are unable to resolve the dispute through mediation, the Parties agree to pursue binding arbitration of the dispute pursuant to Step 3 of section 3 of this Article. Any such request for arbitration shall be served on the other Party no later than seven (7) days from the date of mediation.
Appears in 1 contract
Samples: Project Labor Agreement
