GRIEVANCE PROCEDURE 19.1 A grievance is defined as a dispute between an Employee(s) or the Union on behalf of such Employee(s) with respect to the interpretation or application of any terms or conditions specified in this Agreement. All grievances must be processed in accordance with the procedure set forth in below. All potential grievances must be initially raised within fourteen (14) calendar days of the time the employee became aware of event(s) that precipitated the problem. The grievance must be raised in accordance with the following procedure:
Step I: The Employee having a potential grievance must first present it to the Employee's supervisor. If the matter cannot be settled between the parties within five (5) calendar days following presentation to the supervisor, it must be processed in accordance with Step II. Step II: Within thirty (30) calendar days of the date Step I was completed, the Union on behalf of the employee must file a statement of the grievance in writing with the designated Employer representative, which shall contain the following information:
a. the facts upon which the grievance is based,
b. reference to each Article and Section of the Agreement alleged to have been violated, and
c. the remedy sought. The designated Employer representative, the grievant, and the Union Representative shall, within fourteen (14) calendar days following the filing of such written statement of grievance, meet in an attempt to resolve the grievance. The Employer shall respond in writing within thirty (30) calendar days of the meeting. Step III: Arbitration If the grievance is not settled on the basis of the foregoing procedures, and if the grievant and the Union have complied with the specific procedures, requirements and time limitations specified in Steps I and II herein, the Union may submit the issue in writing to final and binding arbitration within fourteen (14) calendar days following the written response from the meeting between the Employer and the Union representative. If the Employer and the Union are unable to agree on an impartial arbitrator, a list of eleven (11) arbitrators shall be requested from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one remains. The person whose name remains shall be the arbitrator. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement, but shall only be authorized to interpret existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall only have the authority to rule on the specific issue as defined in writing at Step II of this grievance procedure. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred incidental to the arbitration hearing.
19.2 Time limits for processing grievances may only be extended by mutual agreement. Failure on the part of the Union to comply with the procedural requirements specified herein shall result in the matter being resolved in accordance with the Employer's position. Failure of the Employer to respond according to the timelines specified herein shall result in the grievance being automatically advanced to the next step.
