Expedited Dispute Resolution Process. The parties expressly agree and understand that, for purposes of disputes concerning the administration of the DDSP, the dispute resolution procedure contained herein is the sole and exclusive negotiated dispute resolution system available to represented employees. A. In the event of such a dispute, the parties agree upon the following process: 1. Within fifteen (15) days of the alleged violation of the DDSP, the IBU will notify WSF, in writing, of the violation. The notice shall include the name of each affected employee, the date(s) and nature of the violation, the section of the DDSP believed to have been violated, and the relief requested. The notice may be delivered by mail, fax, or in person. Time periods specified herein shall run from the date of actual receipt. All notices shall be to a Port Captain. 2. Within five (5) working days of receipt of the notice referred to above, the Port Captains will schedule a meeting with an IBU representative to discuss the dispute. The meeting will be scheduled as expeditiously as possible, but in no event more than ten (10) working days from receipt of the notice. In the alternative, WSF may inform the IBU in writing that the relief requested in the notice will be granted in full. 3. If a meeting is held pursuant to Subsection 2 above, it shall be between a Union and a WSF representative with full authority to settle the dispute. If the matter is settled at the meeting, the representatives will reduce the settlement to writing and sign and date the writing. No specific format or requirements are prescribed and any writing mutually understood by the representatives shall be deemed adequate. 4. If the representatives do not settle the matter, a second meeting shall be scheduled with the Independent Arbitrator. The meeting shall be scheduled as expeditiously as possible, but in no event more than fifteen (15) days from the date of the WSF – IBU meeting, unless the Independent Arbitrator approves scheduling at a later time. 5. At the meeting with the Independent Arbitrator, WSF and IBU will each send one (1) representative, not a lawyer. Additional individuals may attend the meeting with the prior approval of the Independent Arbitrator. The representatives shall each have the opportunity to present information concerning the dispute to the Independent Arbitrator, orally and/or in writing. No witnesses will be called. The Independent Arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the representatives, as well as to limit the length or volume of information presented. The Independent Arbitrator shall have the authority to question the representatives and ask for further information, and to control the conduct of the meeting in any fashion. 6. Within ten (10) days of the conclusion of the meeting referred to in Subsection 5, above, the Independent Arbitrator shall inform the parties in writing of their decision. The decision shall not alter or amend the terms of the DDSP. The Independent Arbitrator shall have no authority to make any ruling based upon authority outside of the DDSP. Typically, the parties contemplate that the decision of the Independent Arbitrator will consist of a statement as to whether any relief is to be granted and, if so, what relief and to whom it shall be granted. The Independent Arbitrator may also include in their decision any analysis or reasoning they feel appropriate for the benefit of the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Dispute Resolution Process. The parties expressly agree and understand that, for purposes of disputes concerning the administration of the Deck Dispatch Seniority Process (DDSP), the dispute resolution procedure contained herein is the sole and exclusive negotiated dispute resolution system available to represented employees.
A. In the event of such a dispute, the parties agree upon the following process:
1. Within fifteen (15) days of the alleged violation of the DDSP, the IBU will notify WSF, in writing, of the violation. The notice shall include the name of each affected employee, the date(s) and nature of the violation, the section of the DDSP believed to have been violated, and the relief requested. The notice may be delivered by mail, fax, or in person. Time periods specified herein shall run from the date of actual receipt. All notices shall be to a Port Captainport captain.
2. Within five (5) working days of receipt of the notice referred to above, the Port Captains port captains will schedule a meeting with an IBU representative to discuss the dispute. The meeting will be scheduled as expeditiously as possible, but in no event more than ten (10) working days from receipt of the notice. In the alternative, WSF may inform the IBU in writing that the relief requested in the notice will be granted in full.
3. If a meeting is held pursuant to Subsection 2 above, it shall be between a Union and a WSF representative with full authority to settle the dispute. If the matter is settled at the meeting, the representatives will reduce the settlement to writing and sign and date the writing. No specific format or requirements are prescribed and any writing mutually understood by the representatives shall be deemed adequate.
4. If the representatives do not settle the matter, a second meeting shall be scheduled with the Independent Arbitratorindependent arbitrator. The meeting shall be scheduled as expeditiously as possible, but in no event more than fifteen (15) days from the date of the WSF – WSF–IBU meeting, unless the Independent Arbitrator independent arbitrator approves scheduling at a later time.
5. At the meeting with the Independent Arbitratorindependent arbitrator, WSF and IBU will each send one (1) representative, not a lawyer. Additional individuals may attend the meeting with the prior approval of the Independent Arbitratorindependent arbitrator. The representatives shall each have the opportunity to present information concerning the dispute to the Independent Arbitratorindependent arbitrator, orally and/or in writing. No witnesses will be called. The Independent Arbitrator independent arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the representatives, as well as to limit the length or volume of information presented. The Independent Arbitrator independent arbitrator shall have the authority to question the representatives and ask for further information, and to control the conduct of the meeting in any fashion.
6. Within ten (10) days of the conclusion of the meeting referred to in Subsection 5, above, the Independent Arbitrator independent arbitrator shall inform the parties in writing of their decision. The decision shall not alter or amend the terms of the DDSP. The Independent Arbitrator independent arbitrator shall have no authority to make any ruling based upon authority outside of the DDSP. Typically, the parties contemplate that the decision of the Independent Arbitrator independent arbitrator will consist of a statement as to whether any relief is to be granted and, if so, what relief and to whom it shall be granted. The Independent Arbitrator independent arbitrator may also include in their decision any analysis or reasoning they feel appropriate for the benefit of the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Dispute Resolution Process. The parties expressly agree and understand that, for purposes of disputes concerning the administration of the DDSP, the dispute resolution procedure contained herein is the sole and exclusive negotiated dispute resolution system available to represented employees.
A. . In the event of such a dispute, the parties agree upon the following process:
1. Within fifteen (15) days of the alleged violation of the DDSP, the IBU will notify WSF, in writing, of the violation. The notice shall include the name of each affected employee, the date(s) and nature of the violation, the section of the DDSP believed to have been violated, and the relief requested. The notice may be delivered by mail, fax, or in person. Time periods specified herein shall run from the date of actual receipt. All notices shall be to a Port Captain.
2. Within five (5) working days of receipt of the notice referred to above, the Port Captains will schedule a meeting with an IBU representative to discuss the dispute. The meeting will be scheduled as expeditiously as possible, but in no event more than ten (10) working days from receipt of the notice. In the alternative, WSF may inform the IBU in writing that the relief requested in the notice will be granted in full.
3. If a meeting is held pursuant to Subsection Paragraph 2 above, it shall be between a Union union and a WSF representative with full authority to settle the dispute. If the matter is settled at the meeting, the representatives will reduce the settlement to writing and sign and date the writing. No specific format or requirements are prescribed and any writing mutually understood by the representatives shall be deemed adequate.
4. If the representatives do not settle the matter, a second meeting shall be scheduled with the Independent Arbitrator. The meeting shall be scheduled as expeditiously as possible, but in no event more than fifteen (15) days from the date of the WSF – IBU meeting, unless the Independent Arbitrator approves scheduling at a later time.
5. At the meeting with the Independent Arbitrator, WSF and IBU will each send one (1) representative, not a lawyer. Additional individuals may attend the meeting with the prior approval of the Independent Arbitrator. The representatives shall each have the opportunity to present information concerning the dispute to the Independent Arbitrator, orally and/or in writing. No witnesses will be called. The Independent Arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the representatives, as well as to limit the length or volume of information presented. The Independent Arbitrator shall have the authority to question the representatives and ask for further information, and to control the conduct of the meeting in any fashion.
6. Within ten (10) days of the conclusion of the meeting referred to in Subsection Paragraph 5, above, the Independent Arbitrator shall inform the parties in writing of their decision. The decision shall not alter or amend the terms of the DDSP. The Independent Arbitrator shall have no authority to make any ruling based upon authority outside of the DDSP. Typically, the parties contemplate that the decision of the Independent Arbitrator will consist of a statement as to whether any relief is to be granted and, if so, what relief and to whom it shall be granted. The Independent Arbitrator may also include in their decision any analysis or reasoning they feel appropriate for the benefit of the parties.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Expedited Dispute Resolution Process. The parties Parties expressly agree and understand that, for purposes of disputes concerning the administration of the DDSP, the dispute resolution procedure contained herein is the sole and exclusive negotiated dispute resolution system available to represented employees.
A. . In the event of such a dispute, the parties Parties agree upon the following process:
1. Within fifteen (15) days of the alleged violation of the DDSP, the IBU will notify WSF, in writing, of the violation. The notice shall include the name of each affected employee, the date(s) and nature of the violation, the section of the DDSP believed to have been violated, and the relief requested. The notice may be delivered by mail, fax, or in person. Time periods specified herein shall run from the date of actual receipt. All notices shall be to a Port Captain.
2. Within five (5) working days of receipt of the notice referred to above, the Port Captains will schedule a meeting with an IBU representative to discuss the dispute. The meeting will be scheduled as expeditiously as possible, but in no event more than ten (10) working days from receipt of the notice. In the alternative, WSF may inform the IBU in writing that the relief requested in the notice will be granted in full.
3. If a meeting is held pursuant to Subsection 2 above, it shall be between a Union and a WSF representative with full authority to settle the dispute. If the matter is settled at the meeting, the representatives will reduce the settlement to writing and sign and date the writing. No specific format or requirements are prescribed and any writing mutually understood by the representatives shall be deemed adequate.
4. If the representatives do not settle the matter, a second meeting shall be scheduled with the Independent Arbitrator. The meeting shall be scheduled as expeditiously as possible, but in no event more than fifteen (15) days from the date of the WSF – IBU meeting, unless the Independent Arbitrator approves scheduling at a later time.
5. At the meeting with the Independent Arbitrator, WSF and IBU will each send one (1) representative, not a lawyer. Additional individuals may attend the meeting with the prior approval of the Independent Arbitrator. The representatives shall each have the opportunity to present information concerning the dispute to the Independent Arbitrator, orally and/or in writing. No witnesses will be called. The Independent Arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the representatives, as well as to limit the length or volume of information presented. The Independent Arbitrator shall have the authority to question the representatives and ask for further information, and to control the conduct of the meeting in any fashion.
6. Within ten (10) days of the conclusion of the meeting referred to in Subsection 5, above, the Independent Arbitrator shall inform the parties in writing of their decision. The decision shall not alter or amend the terms of the DDSP. The Independent Arbitrator shall have no authority to make any ruling based upon authority outside of the DDSP. Typically, the parties contemplate that the decision of the Independent Arbitrator will consist of a statement as to whether any relief is to be granted and, if so, what relief and to whom it shall be granted. The Independent Arbitrator may also include in their decision any analysis or reasoning they feel appropriate for the benefit of the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Dispute Resolution Process. The parties expressly agree and understand that, for purposes of disputes concerning the administration of the DDSP, the dispute resolution procedure contained herein is the sole and exclusive negotiated dispute resolution system available to represented employees.
A. In the event of such a dispute, the parties agree upon the following process:
1. Within fifteen (15) days of the alleged violation of the DDSP, the IBU will notify WSF, in writing, of the violation. The notice shall include the name of each affected employee, the date(s) and nature of the violation, the section of the DDSP believed to have been violated, and the relief requested. The notice may be delivered by mail, fax, or in person. Time periods specified herein shall run from the date of actual receipt. All notices shall be to a Port Captain.
2. Within five (5) working days of receipt of the notice referred to above, the Port Captains will schedule a meeting with an IBU representative to discuss the dispute. The meeting will be scheduled as expeditiously as possible, but in no event more than ten (10) working days from receipt of the notice. In the alternative, WSF may inform the IBU in writing that the relief requested in the notice will be granted in full.
3. If a meeting is held pursuant to Subsection 2 above, it shall be between a Union and a WSF representative with full authority to settle the dispute. If the matter is settled at the meeting, the representatives will reduce the settlement to writing and sign and date the writing. No specific format or requirements are prescribed and any writing mutually understood by the representatives shall be deemed adequate.
4. If the representatives do not settle the matter, a second meeting shall be scheduled with the Independent Arbitrator. The meeting shall be scheduled as expeditiously as possible, but in no event more than fifteen (15) days from the date of the WSF – IBU meeting, unless the Independent Arbitrator approves scheduling at a later time.
5. At the meeting with the Independent Arbitrator, WSF and IBU will each send one (1) representative, not a lawyer. Additional individuals may attend the meeting with the prior approval of the Independent Arbitrator. The representatives shall each have the opportunity to present information concerning the dispute to the Independent Arbitrator, orally and/or in writing. No witnesses will be called. The Independent Arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the representatives, as well as to limit the length or volume of information presented. The Independent Arbitrator shall have the authority to question the representatives and ask for further information, and to control the conduct of the meeting in any fashion.
6. Within ten (10) days of the conclusion of the meeting referred to in Subsection 5, above, the Independent Arbitrator shall inform the parties in writing of their decision. The decision shall not alter or amend the terms of the DDSP. The Independent Arbitrator shall have no authority to make any ruling based upon authority outside of the DDSP. Typically, the parties contemplate that the decision of the Independent Arbitrator will consist of a statement as to whether any relief is to be granted and, if so, what relief and to whom it shall be granted. The Independent Arbitrator may also include in their decision any analysis or reasoning they feel appropriate for the benefit of the parties. *This Rule has been modified by an MOU dated September 18, 2020.
6.01 All travel time shall be paid at the employee’s regular straight-time rate of pay.
6.02 No travel time or mileage pay shall be paid to part-time or on-call employees, when an on-call deck or part-time deck employee is assigned to a temporary assignment and that assignment includes travel to another location which would entitle a year round non-relief employee to travel time and mileage, the on-call or part-time deck employee shall be entitled to such travel time and mileage. On-call or part-time employees who work two (2) or more consecutive shifts on a traveling watch, ie: SSR, NSR or other watch assigned to more than one (1) route or terminal, will receive the same travel time and mileage as the regular crew.
6.03 Distances and travel times between terminals shall be as set forth in “Schedule A and Schedule D” attached hereto and made a part hereof. Travel time to Friday Harbor from Anacortes will be paid at two (2) hours thirty (30) each way, at one
(1) hour from Orcas to Friday Harbor each way. Orcas to Anacortes will be paid at one (1) hour and thirty (30) minutes each way. This paragraph does not apply to Reliefs. Mileage for relief employees after completing a shift and no service on the route for the remainder of the operational day is available, or there is not a vessel for fifty (50) minutes, may use point to point travel per Schedule A or D for their mileage allotment to their homeport.
6.04 The mileage rate for employees who furnish their own transportation shall be that allowed by the Office of Financial Management for use of private automobiles.
6.05 Travel and mileage pay will not be paid to any employee who accepts an inter- department or intra-department transfer, either to a temporary or permanent position.
6.06 Employees shall be paid mileage and travel time, both ways, for the distance between the terminal nearest their home or their regular relieving terminal and the temporary relieving terminal whichever is less, in accordance with Schedule A or D, in the following circumstances:
A. When vessels are temporarily assigned to repair yard or berth or to other than their regular routes and the regularly assigned employees are retained with the vessel.
B. When employees are, at the Employer’s initiative, taken off their vessel or away from their terminal and temporarily assigned to a vessel on a different route or to a different terminal.
C. Relief employees, after completing a shift at other than their relieving terminal, may use Schedule A or D, as appropriate, for their mileage allotment to their home port.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Expedited Dispute Resolution Process. The parties Parties expressly agree and understand that, for purposes of disputes concerning the administration of the DDSP, the dispute resolution procedure contained herein is the sole and exclusive negotiated dispute resolution system available to represented employees.
A. In the event of such a dispute, the parties Parties agree upon the following process:
1. Within fifteen (15) days of the alleged violation of the DDSP, the IBU will notify WSF, in writing, of the violation. The notice shall include the name of each affected employee, the date(s) and nature of the violation, the section of the DDSP believed to have been violated, and the relief requested. The notice may be delivered by mail, fax, or in person. Time periods specified herein shall run from the date of actual receipt. All notices shall be to a Port Captain.
2. Within five (5) working days of receipt of the notice referred to above, the Port Captains will schedule a meeting with an IBU representative to discuss the dispute. The meeting will be scheduled as expeditiously as possible, but in no event more than ten (10) working days from receipt of the notice. In the alternative, WSF may inform the IBU in writing that the relief requested in the notice will be granted in full.
3. If a meeting is held pursuant to Subsection 2 above, it shall be between a Union and a WSF representative with full authority to settle the dispute. If the matter is settled at the meeting, the representatives will reduce the settlement to writing and sign and date the writing. No specific format or requirements are prescribed and any writing mutually understood by the representatives shall be deemed adequate.
4. If the representatives do not settle the matter, a second meeting shall be scheduled with the Independent Arbitrator. The meeting shall be scheduled as expeditiously as possible, but in no event more than fifteen (15) days from the date of the WSF – IBU meeting, unless the Independent Arbitrator approves scheduling at a later time.
5. At the meeting with the Independent Arbitrator, WSF and IBU will each send one (1) representative, not a lawyer. Additional individuals may attend the meeting with the prior approval of the Independent Arbitrator. The representatives shall each have the opportunity to present information concerning the dispute to the Independent Arbitrator, orally and/or in writing. No witnesses will be called. The Independent Arbitrator shall have sole and unfettered discretion to consider any evidence that is presented by the representatives, as well as to limit the length or volume of information presented. The Independent Arbitrator shall have the authority to question the representatives and ask for further information, and to control the conduct of the meeting in any fashion.
6. Within ten (10) days of the conclusion of the meeting referred to in Subsection 5, above, the Independent Arbitrator shall inform the parties in writing of their decision. The decision shall not alter or amend the terms of the DDSP. The Independent Arbitrator shall have no authority to make any ruling based upon authority outside of the DDSP. Typically, the parties contemplate that the decision of the Independent Arbitrator will consist of a statement as to whether any relief is to be granted and, if so, what relief and to whom it shall be granted. The Independent Arbitrator may also include in their decision any analysis or reasoning they feel appropriate for the benefit of the parties.
Appears in 1 contract
Samples: Collective Bargaining Agreement