Common use of GRIEVANCES AND ARBITRATION Clause in Contracts

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just and reasonable cause or a dispute arising out of the interpretation, application or alleged violation of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, shall be adjusted in accordance with the following procedures: STEP 1: An employee, assisted by his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent within four (4) days after the circumstances giving rise to the grievance have occurred or originated or within four (4) days of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just A. The Union shall have the right to desig­ nate a job xxxxxxx and reasonable cause an alternate when nec­ xxxxxx, to handle such Union business as may from time to time be delegated to them by the Union Executive Board and to handle disputes and complaints that arise over the interpreta­ tion or a dispute arising out application of the interpretation, rules as specified in this Agreement. Any dispute over the interpre­ tation or application or alleged violation of the terms of this AgreementAgreement may become the subject of confer­ ence as follows: 1. Between the Store Xxxxxxx and the Store Manager. 2. In the event of failure to adjust the com­ plaint, including the Union District Business Agent shall discuss it with the District Supervisor. 3. If this discussion fails to bring about a dispute as to whether a matter is arbitrable and including satisfactory settlement, the quantum of discipline, but excluding disputes involving trade jurisdiction, complaint shall be adjusted in accordance referred to the Financial Secretary of the Union, who will discuss it with the following procedures:Personnel Representative. STEP 1: An employee4. If this discussion fails to bring about a satisfactory settlement, assisted by his xxxxxxx if he so desiresthe complaint shall be referred to the President of the Union, who will discuss it with the Area Superintendent. 5. In the event that this meeting fails to settle satisfactorily the complaint, it shall present a grievance be referred to his immediate superintendent the Board of Arbitration. B. Any dispute over the interpretation of or application of the terms of this Agreement arising between the parties shall be submitted to the Board of Arbitration in the event satis­ factory adjustment cannot be made between the parties, with the understanding that such disputes, grievances and controversies must be brought to the attention of the party concerned in writing within four thirty (430) days after the circumstances giving rise in­ cident occurs, if the incident is to the grievance have occurred or originated or within four (4) days be consid­ ered cause for grievance. This time limit, how­ ever, shall not apply in cases of incorrect ap­ plication of wage schedules. Arbitration as in this Agreement contemplated shall be by an Arbitration Board consisting of one representa­ tive of the employee becoming aware Company and one representative of such STEP 2: Should the decision rendered in Step 1 Union. The Board is to be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, selected within two (2) days after representatives of the decisionUnion and the Company fail to reach a decision ac­ ceptable to both parties on the question in­ volved. Should the Arbitration Board fail to agree, the Contractortwo members shall request the Xx­ xxxxxx of the Federal Mediation and Concilia­ tion Service to furnish a panel of Arbitrators from which the third (3rd) member of the Board shall be chosen. The third (3rd) member of the Board shall be the one who represents neither the Union nor the Company and shall be the Chairman and presiding officer of the Board. The Board shall convene within ten (10) days following its formation and shall, upon notice to both parties, hear the Association representative and evidence relat­ ing to the Council representative controversy. Neither party shall meet to discuss the matter. If no resolution can be achieved within con­ sume more than two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Councilpresenting its evidence. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) daysArbitrators shall have no author­ ity to add to, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part subtract from, change or modify any provision of this Agreement, but shall in­ terpret the existing provisions of this Agree­ ment and apply them to the specific facts of the grievances, controversies or disputes. Be­ fore submitting a difference to the three (3) man Arbitration Board, the parties shall set forth in writing the specific issues to be arbi­ trated, and the Board shall confine its award to such submission Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The majority decision of the arbitrator Board shall be final binding upon the Union and binding on the Parties.) 17.05 Arbitration hearings Company and it shall be conducted submitted in writing within ten (10) days after the conclusion of the Hearing, unless the time be extended by mutual agreement of the Com­ pany and the Union. There shall be no work interruption of any kind, pending the decision of the Board of Arbitration. The expense of the third (3rd) member of the Board shall be shared equally by the parties hereto. C. The Employer may at any time discharge any worker for proper cause. The Union, if it wishes to contest the discharge, shall file a mutually acceptable location written complaint with the Association representative and Employer not later than ten (10) calendar days after the Council representative or their designated respective legal counsel(s) acting as presentersdischarge, asserting that the discharge was improper. Unless the Parties otherwise agree, all rulings will Such complaint must be given by the arbitrator taken up within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.two

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just and reasonable cause or a dispute arising out of the interpretation, application or alleged violation of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, shall be adjusted in accordance with the following procedures: STEP 1: An employee, assisted by his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent within four (4) days after the circumstances giving rise issue to the grievance have occurred or originated or LHEA Contractor Representative and the RDTC Site Representative within four (4) days of the employee becoming aware of suchfour STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee Council Representative shall by day eleven (11) refer the grievance to Step 2 in which case the Council Representative, The Local Union Representative, the Association Representative, the LHEA Contractor Representative and the employee, assisted by his the xxxxxxx, shall submit meet by day fifteen (15) to discuss the matter. The Association Representative shall respond to the grievance within in writing by day sixteen (16). If such a further two meeting is not held the matter shall be referred to Step 3 by day seventeen (2) days to the Association and the Contractor's designated representative on the Site. 17). STEP 3: Should the decision rendered at matter be referred to Step 2 be unsatisfactory3, within two by day twenty (2) days of the decision20), the ContractorCouncil Representative, the Local Union Representative, the Association representative Representative and the Council representative LHEA Contractor Representative, shall meet to discuss the matter. The Association shall respond to the grievance in writing by day twenty-one (21). If no resolution can be achieved, by day twenty-five (25) the RDTC Grievance Review Committee shall meet to discuss the matter and to determine if the matter will be settled, withdrawn or referred to arbitration. If no resolution can be achieved within two through the above procedure, by day twenty-seven (227) days either of the Parties may, within seven (7) days of the meeting, may refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitrationin Article 17.03. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days the same day of the Step 3 referral to arbitrationarbitration (day 27). The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence, except when otherwise mutually agreed by the parties. (The decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just A. The Union shall have the right to desig­ nate a job xxxxxxx and reasonable cause an alternate when necessary, to handle such Union business as may from time to time be delegated to them by the Union Executive Board and to handle disputes and complaints that arise over the interpretation or a dispute arising out application of the interpretation, application rules as specified in this Agreement. Any dispute over the interpretation or alleged violation applica­ tion of the terms of this AgreementAgreement may become the subject of conference as follows: 1. Between the Store Xxxxxxx and the Store Manager. 2. In the event of failure to adjust the complaint, including the Union District Busi­ ness Agent shall discuss it with the District Supervisor. 3. If this discussion fails to bring about a dispute as to whether a matter is arbitrable and including satisfactory settlement, the quantum of discipline, but excluding disputes involving trade jurisdiction, com­ plaint shall be adjusted in accordance referred to the Xxxxx­ cial Secretary of the Union, who will discuss it with the following procedures:Division Superin­ tendent. STEP 1: An employee4. If this discussion fails to bring about a satisfactory settlement, assisted by his xxxxxxx if he so desiresthe com­ plaint shall be referred to the Presi­ dent of the Union, who will discuss it with a Labor Relations Officer of the Company. 5. In the event that this meeting fails to settle satisfactorily the complaint, it shall present a grievance be referred to his immediate superintendent the Board of Arbitration. B. Any dispute over the interpretation of or application of the terms of this Agree­ ment arising between the parties shall be submitted to the Board of Arbitration in the event satisfactory adjustment cannot be made between the parties, with the un­ derstanding that such disputes, grievances and controversies must be brought to the attention of the party concerned in writing within four thirty (430) days after the circumstances giving rise incident occurs, if the incident is to the grievance have occurred or originated or within four (4) days be considered cause for grievance. This time limit, however, shall not apply in cases of incorrect applica­ tion of wage schedules. Arbitration as in this Agreement contemplated shall be by an Arbitration Board consisting of one repre- sentative of the employee becoming aware Company and one repre­ sentative of such STEP 2: Should the decision rendered in Step 1 Union. The Board is to be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, selected within two (2) days after repre­ sentatives of the decisionUnion and the Company fail to reach a decision acceptable to both parties on the question involved. Should the Arbitration Board fail to agree, the Contractortwo members shall request the Director of the Federal M ediation and Conciliation Service to furnish a panel of Arbitrators from which the third member of the Board shall be chosen. The third member of the Board shall be the one who represents neither the Union nor the Company and shall be the Chairman and presiding officer of the Board. The Board shall convene with­ in ten (10) days following its formation and shall, upon notice to both parties, hear the evidence relating to the controversy. Neither party shall consume more than two (2) days in presenting its evidence. The Arbitrators shall have no authority to add to, subtract from, change or modify any provision of this Agreement, but shall in­ terpret the existing provisions of this Agreement and apply them to the specific facts of the grievances, controversies or dis­ putes. Before submitting a difference to the three (3) man Arbitration Board, the Association representative parties shall set forth in writing the spe­ cific issues to be arbitrated, and the Council representative Board shall meet confine its award to discuss such submission Agreement. The majority decision of the matterBoard shall be binding upon the Union and the Company and it shall be submitted in writing within ten (10) days after the con­ clusion of the Hearing, unless the time be extended by mutual agreement of the Com­ pany and the Union. If There shall be no resolution can work interruption of any kind, pending the deci­ sion of the Board of Arbitration. The ex­ pense of the third member of the Board shall be achieved shared equally by the parties hereto. C. The Employer may at any time dis­ charge any worker for proper cause. The Union, if it wishes to contest the discharge, shall file a written complaint with the Em­ ployer not later than ten (10) calendar days after the discharge, asserting that the discharge was improper. Such complaint must be taken up within two (2) days either of weeks for adjustment, and if the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative Union and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator Em­ ployer fail to agree within forty forty-eight (48) hours, it shall be referred within twenty- four (24) hours and to the Board of Arbitration. Should the Board of Arbitration determine that it was an unfair discharge, the Em­ ployer shall not be considered precedential or binding reinstate the employee in any other grievanceac­ cordance with the findings of the Board. The Union agrees to cooperate in correcting inefficiencies of members which might otherwise necessitate discharge. 17.06 The arbitrator D. Any employee who enters into a busi­ ness competing with the Employer will be subject to discharge. E. In the event of a grievance arising out of a layoff or reduction of hours, the Em­ ployer will have no liability until the griev­ ance is filed. F. At any step in the grievance procedure, the Executive Board of the Local Union shall not have the final authority in respect to any power aggrieved employee covered by this Agreement, to alterdecline to process a griev­ ance, changecomplaint, add todifficulty, or detract from dispute fur­ ther, if in the Agreement judgment of the Executive Board such grievance lacks merit or to substitute any new provision for any existing provision nor to give any decision inconsistent with lacks justification or has been adjusted or justi­ fied under the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance Agreement to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each satisfaction of the Parties shall pay an equal share of the fees and expenses of the arbitratorUnion Executive Board.

GRIEVANCES AND ARBITRATION. 17.01 10.1 A disciplinary measure for other than just and reasonable cause grievance is an actual dispute or a dispute arising out controversy concerning the interpretation or application of the interpretation, application or alleged violation any provision of this Agreement, including Agreement in connection with a dispute as to whether specific act or situation. 10.2 A regular employee who believes he has a grievance may present the matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, shall be adjusted in accordance with the following procedures:provisions of this Article either personally or with the assistance of a Union representative. STEP 1: An employee, assisted by his xxxxxxx if he so desires, shall present 10.3 Before filing a grievance pursuant to his immediate superintendent within four (4) days after the circumstances giving rise to the grievance have occurred or originated or within four (4) days of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may1, within seven (7) days of the meetingoccurrence of the alleged violation, refer an employee must discuss the matter with his immediate supervisor and attempt to arbitration in accordance with the procedure contained hereinresolve it. Step 1. If such meeting is not held, the employee has been unable to resolve the matter shall be referred to the next stepby discussing it with his supervisor, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council he may file a grievance with a Contractor and/or the Associationnext level of management within ten calendar days of the occurrence of the alleged violation. The grievance must be written, and signed and dated by the aggrieved employee. The grievance shall set forth the nature of the grievance and the facts upon which it is based, the remedy which is desired and the Article or Articles of this Agreement claimed to have been violated. Step 2. If such grievances are the grievance is not resolved within two seven (27) dayscalendar days after submission at Step 1, it may be appealed to the General Manager his designated representative. The written appeal must be presented at this Step 2 no later than the fourteenth (14th) calendar day after the grievance was filed with the department head. Step 3. If the grievance is not resolved within twenty-five (25) calendar days after submission to the General Manager or his designated representative, it may be appealed to arbitration. Written notice of the appeal to arbitration must be given to the General Manager or his designated representative no later than the thirtieth (30th) calendar day after the appeal was filed with the General Manager or his designated representative. No grievance may be appealed to arbitration unless all of the procedures set forth in this Article have been followed. 10.4 In the event any of the time limits contained in this Article for the filing or appealing of grievances shall be exceeded, the grievance shall be considered dropped. Any time limit, except that provided for the initial discussion of the grievance with the immediate supervisor, may be treated as a grievance commencing at Step 3 extended by mutual agreement of the Company and may be referred to arbitration in the same manner as an employee's grievanceUnion. 17.03 The appointment 10.5 After the Union gives notice to the Company of an arbitrator will be made within two (2) days of Step 3 referral its desire to proceed to arbitration, the parties, unless they mutually agree to do otherwise, shall jointly request the Federal Mediation and Conciliation Service to furnish a list of seven (7) arbitrators, from which the parties shall select the arbitrator. After the list has been received, the parties shall alternately strike a name until one (1) remains. The one remaining shall be the arbitrator chosen. The party striking first shall be determined by lot. 10.6 The arbitrator shall conduct the hearing only on the controversy at issue as formulated on the written grievance provided for in Article 10.3. Both parties shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable allowed to present such evidence and make such argument relating to the Parties attached to and forming part of this Agreementcontroversy as is pertinent. The list parties may call such employees as are deemed necessary as witnesses in any proceeding before the arbitrator, and, if an employee is on duty, the Company agrees to arrange for him to appear as a witness, provided it receives forty-eight (48) hours' notice. The party calling him will reimburse him for all expenses, including time lost. Each party shall bear the expense of preparing and presenting its own case. Expenses of the arbitrator and incidental expenses mutually agreed to in advance shall be updated borne equally by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the listboth parties. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (10.7 The decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agreeupon both parties, all rulings will be given by the arbitrator within forty eight (48) hours and provided that such decision shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, way add to, disregard or detract from modify any of the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss , or rule on any grievance on a technicality or error on questions except the grievance formone submitted for arbitration. 17.07 10.8 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedures constitute the sole and exclusive procedure for the processing and resolution of any grievance. As the representative of the employees, the Union may, at any step in the grievance procedure, settle a grievance or decline to process it further. Any resolution of a grievance shall be final. 17.09 Each 10.9 Shop Stewards shall be designated by the Union and their names shall be supplied to the Company. With authorization from supervision as appropriate, employees and Shop Stewards may briefly discuss matters of the Parties shall pay an equal share of the fees and expenses of the arbitratorcontract administration during working hours provided such does not unduly interfere with work.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just and reasonable cause 11.1 Procedures Any grievance or a dispute arising out regarding the interpretation or application of the interpretationprovisions of this contract must be submitted for settlement by the aggrieved associate or associates, application or alleged by the Union on its own behalf under the procedure as herein provided. This procedure shall be (he sole and exclusive method for settlement of such disputes. Step 1. Any associate or associates who believe there has been a violation of the terms or conditions of this Agreementcontract in relation to his or her employment shall immediately and promptly take such complaint to the immediate supervisor, including a dispute as to whether a matter is arbitrable and including the quantum of disciplineexcepting payroll items (i.e. vacation pay, but excluding disputes involving trade jurisdictionovertime pay, wages. etc.) or other money matters which shall be adjusted in accordance with filed and handled according to Step 2. Such associate and supervisor shall attempt to resolve said complaint No complaint will be considered by any supervisor or representative of the following procedures: STEP 1: An employee, assisted by his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent within four (4) days after the circumstances giving rise Employer unless it is brought to the grievance have occurred or originated or within four (4) days attention of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, supervisor or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, Employer within seven (7) calendar days of its occurrence, except as hereinafter provided as to wages or when the meeting, refer the matter to arbitration in accordance with the procedure contained hereingrievant would have had reasonable knowledge of its occurrence. If such meeting is not helddesired, the matter shall grieving associate may be accompanied by a Union Xxxxxxx during any meeting referred to in this Article. Nothing contained herein will be construed to eliminate the next step, arbitration.rights of the Union as provided for elsewhere in this Agreement 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the AssociationStep 2. If such grievances are said associate or associates and supervisor cannot resolved resolve said complaint within two seven (27) calendar days, the associate or associates shall reduce the complaint to writing, which shall be considered a grievance. The written grievance shall state the Article and section of the Agreement alleged to have been viola1ed, the nature of the violation, the remedy or correction desired, and it shall be signed and dated by the associate and the Union Xxxxxxx. The grievance shall be submitted within fourteen (14) calendar days after the occurrence of the alleged violation of this contract to the Administrator; provided, however, the complaints and grievances as to the amount of money due and payable to any associate for wages, hours worked, vacation allowance and days off may be treated as a filed and furnished to the Administrator within thirty (30) calendar days after the occurrence of such Step 3. If the grievance commencing at has not been settled by the response in Step 3 and may 2, the written grievance appeal shall be referred presented to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made Division Human Resources Manager within two seven (27) calendar days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The decision receipt of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings shall be conducted Administrator's response at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.Step

GRIEVANCES AND ARBITRATION. 17.01 Section 1. A disciplinary measure for other than just Civil Service employee may process his/her grievance through either the Civil Service appeal procedure or the contract grievance procedure. If an appeal is filed under the Civil Service appeal procedure, while proceedings are taking place under the contract procedure, then the contract grievance procedure shall cease and reasonable cause shall not be permitted to be reinstituted. If an appeal is filed under the Civil Service appeal procedure, the employee shall not be entitled to institute proceedings under the contract grievance procedure, all rights to do so being waived by the exercise of an option by the employee to utilize the Civil Service procedure. Section 2. Any grievance or a dispute arising out of which may arise concerning the interpretationapplication, application meaning or alleged violation interpretation of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, Agreement shall be adjusted settled in accordance with the following proceduresmanner: STEP 1: An . The employee, assisted either alone or accompanied by his xxxxxxx if he so desiresthe Association representative or the Association where entitled, shall present a the grievance in writing to his immediate superintendent his/her District Office Commander, within four (4) 15 working days of the date of its occurrence or knowledge of its occurrence, whichever is later. The District Office Commander shall attempt to resolve the matter and report his/her decision to the employee in writing within 10 working days of its presentation. STEP 2. In the event the grievance is not settled at Step 1, the appeal must be presented in writing by the employee or Association representative to his/her Bureau Director, within 7 working days after the circumstances giving rise District Office Commander's response is due. The Bureau Director, or his/her designated representative, shall respond in writing to the grievance have occurred or originated or employee and Association representative within four (4) 10 working days after receipt of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Siteappeal. STEP 3: Should the . An appeal from an unfavorable decision rendered at Step 2 shall be unsatisfactorypresented by the employee or Association representative to the Commissioner within 7 working days after the response from Step 2 is due. The Commissioner or his/her designated representative shall respond in writing to the employee and Association representative within 10 working days after receipt of the appeal. STEP 4. In the event the grievance has not been satisfactorily resolved at Step 3, written appeal may be made by the employee or Association representative within two (2) 7 working days of the decisionStep 3 decision to the Bureau of Labor Relations, Office of Administration and shall contain a copy of the ContractorStep 2 and Step 3 decisions. The Bureau of Labor Relations, Office of Administration shall issue a decision in writing to the Association representative within 10 working days after receipt of the appeal. STEP 5. An appeal from an unfavorable decision at Step 4 may be initiated by the Association serving upon the Employer a notice in writing of the intent to proceed to arbitration within 7 working days after receipt of the Step 4 decision. Said notice shall identify the provisions of the Agreement and the Council representative employee involved, and shall meet to discuss the matter. If no resolution can be achieved within two (2) days either include a copy of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 Section 3. An employee shall be permitted to have a representative of the Association present at each step of the grievance procedure up to and including Step 4. Section 4. This Article is not applicable to Liquor Enforcement Officer Trainees during their entire training period. Section 5. The appointment Department and the Association agree to meet and discuss for the purpose of an arbitrator will be made within two (2) days of establishing a grievance numbering/tracking system for Step 1 through Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the listgrievances. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just 30.1 Any and reasonable cause all disputes between the Union or any employees and the Employer involving an alleged breach or issue of application or interpretation of this Agreement or a dispute arising out of the interpretation, application or alleged violation of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, local Supplemental Agreement shall be adjusted in accordance with the following proceduresas follows: STEP 1: An employee30.1.1 The shop stewxxx, assisted by his xxxxxxx if he so desiresxogether with a representative of the Union, shall present attempt to settle the matter with a representative of the Employer. No adjustment shall be deemed binding on the Union unless approved by the Manager of the Union or the designated Business Agent servicing the facility. Disputes not specific to an employee or group of employees may be brought by a representative of the aggrieved party. 30.1.2 A grievance is time barred if it is not submitted in writing to his immediate superintendent the Employer within four sixty (460) working days after of the circumstances occurrence of the condition or such time as the affected employee or the Union knew of the condition giving rise to the grievance have occurred or originated or within four (4) days grievance. In the case of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 a continuing violation, a remedy may be unsatisfactory granted for up to one year prior to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, filing of 30.1.3 If they shall submit the grievance within a further two (2) days fail satisfactorily to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days dispose of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If any such meeting is not heldgrievance, the matter shall be referred submitted to an arbitrator selected by mutual agreement from the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Associationpanel set forth herein. If such grievances are the parties cannot resolved within two (2) daysagree on an arbitrator, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of they shall select an arbitrator will be made within two (2) days by alternately striking members of Step 3 referral to arbitrationthe panel. The arbitrator who heard the previous case shall be selected in rotation from struck first. The panel shall consist of: Danixx Xxxxx Xxxexx Xxxxx Xxxn Xxxxxx Xxxexxxx Xxxxxxx 30.2 Either party desiring to use the arbitration procedure as herein provided shall transmit a list (Schedule “C”) of five (5) arbitrators acceptable written notice to the Parties attached to and forming part other party no later than four (4) months after the filing of this Agreementthe grievance. The list shall be updated by award or decision of the Parties once every year during the term of this Agreement. Should arbitrator, in addition to granting such other relief as the arbitrator whose turn it is be unable to act within may deem proper, may contain provisions commanding affirmative acts or restraining acts and conduct of the time requirements delineated parties. If either party shall default in 17.04 and 17.05appearing before the arbitrator, he shall be passed over is empowered nevertheless to take the next person on proof of the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidenceparty appearing and render an award thereon. (The Any award or decision of the arbitrator shall be final and binding on and shall be 30.2.1 The parties agree that any papers, notices or processes to initiate or continue an arbitration hereunder may be served by mail, and all papers, notices or processes in any application to a court to confirm or enforce an arbitration award hereunder, including service of the Partiespapers conferring jurisdiction of the parties upon the court, may be served by certified or regular mail, directed to the last-known address of the Employer or the Union.) 17.05 Arbitration hearings 30.3 The procedure herein established for the adjustment of disputes shall be conducted at the exclusive means for the determination of all disputes, complaints, controversies, claims or grievances whatsoever, including the arbitrability of any dispute. It is intended that this provision shall be interpreted as broadly and inclusively as possible. Neither party shall institute any action or proceeding in a mutually acceptable location court of law or equity, State or Federal, or before an administrative tribunal, other than to compel arbitration, as provided in this Agreement, or with respect to the Association representative award of an arbitrator. This provision shall be a complete defense to and also grounds for a stay of any action or proceeding instituted contrary to this Agreement. 30.4 Any dispute, complaint, controversy, claim or grievance hereunder which any employee may have against the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will Employer may be given instituted and processed only by the arbitrator within forty eight (48) hours and Union in the manner herein provided. No employee shall not be considered precedential have the right individually to institute or binding in process any other action or proceeding with reference to any dispute, complaint, controversy, claim or grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from to initiate or compel arbitration in the Agreement event the Union fails or refuses to substitute any new provision for any existing provision nor to give any decision inconsistent proceed with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance formarbitration. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just and reasonable cause or Section 1. The parties agree that an attempt to settle disputes may take place prior to filing a grievance. Any employee shall have the right to present a dispute arising out to the Company and to have such dispute resolved, without the intervention of the interpretationUnion, application or alleged violation as long as the resolution is not inconsistent with the terms of this Agreementcontract, including a dispute as provided that the Union has been given opportunity to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, shall be adjusted in accordance with the following procedures: STEP 1: An employee, assisted by his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent within four (4) days after the circumstances giving rise to the grievance have occurred or originated or within four (4) days of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Siteat such resolution. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (Section 2) days of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreement. The list shall be updated by the Parties once every year during During the term of this Agreement, either party may file a grievance, should any difference, dispute or grievance arise between the Company and the Union regarding hours, wages, or working conditions or the interpretation or Step 1: The grievant, or the Union shall notify, in writing, the department supervisor that there is a grievance as soon as reasonably possible, but not to exceed seven (7) working days after which said dispute or grievance first arose, and the Union should have reasonably known. Should In the arbitrator whose turn event a grievance is initiated by a bargaining unit employee it shall be subject to modification by the Union. Step 2: Within ten (10) working days of the notification stated in Step 1, a meeting shall be arranged at the convenience of all parties including the grievant, department head of the department in which the grievance arises or their designated representative and stewards of said Local Union No. 1837. Such meeting shall be held within 15 working days of the notification stated in Step 1. Their agreement or failure to agree shall be stated in writing and rendered within ten (10) working days of the meeting. Step 3: If the grievance is not settled in step 2, either party may within ten (10) working days of the decision rendered in step 2, file an appeal in writing for a decision by the HR Management or Designee of the Company, or by the Business Agent of the Union, or a representative designated by them. If either party deems a 3rd step meeting is necessary, shall be held within 10 working days of the filing of the appeal. In order to make this time frame workable, the Company's HR Management or designee, and/or the Union Business Manager and International Representative may attend the meeting by telephone at their option. An International Representative of the Union may be present at this step of the grievance procedure only to assist the local Union. The parties shall render their agreement or failure to agree in writing within fifteen (15) working days of the date of the filing of the appeal to them. Step 4: If the Company and the Union are unable to act settle a grievance as above provided, either party may refer the grievance to arbitration within twenty (20) working days from the notice of failure to agree in step 3. If the Union fails to present the grievance in accordance with applicable time limits or other requirements delineated in 17.04 and 17.05, he the steps listed above the grievance shall be passed over considered withdrawn. If the company fails to present the next person on grievance in accordance with applicable time limits or other requirements in the list. 17.04 The arbitrator shall, within steps listed above the grievance shall be considered valid and the remedy sought implemented provided that the Union has given the Company five (5) days days' written notice of his appointment, convene a meeting to hear the relevant evidencepotential default. (The decision time limits in any of the arbitrator steps above may be extended by a written mutual agreement of both parties. *For the purpose of this Article "Working Days" are defined to mean hours between 07:00 and 17:00 Monday through Friday. Section 3. Any grievance which is otherwise arbitral under the terms of this Agreement shall be final and binding on arbitrated in accordance with applicable rules of the Parties.) 17.05 American Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative ("AAA") which are then in effect and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings Arbitrator for each such case will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding selected in any other grievance. 17.06 accordance with said rules. The arbitrator shall only have the authority to hear and determine one grievance, and no more than one grievance shall be submitted to any one arbitrator unless the Company and the Union agree otherwise in writing. Regarding multiple arbitration proceedings, unless otherwise agreed to by the Company and the Union, the parties agree that the grievances, which arise out of a common fact pattern, will be heard in one arbitration proceeding, and grievances, which do not arise out of a common fact pattern, will be heard in separate arbitration proceedings. The arbitrator so selected shall have any the power to alter, change, add to, or detract receive relevant testimony from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance parties to the next step within the time limited shall constitute abandonmentdispute and to hear such witnesses as they may desire to present. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties parties may, if they so desire, be represented by mutual consent (counsel in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.all proceedings

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just and reasonable cause Sec. 1. Any grievance or a dispute arising out over the interpretation or application of the interpretation, application or alleged violation terms of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, Agreement shall be adjusted in accordance determined through the following procedure: (1) Employee having cause for grievance shall take it up with the following procedures:Xxxxxxx on his shift, who shall try to settle it with the xxxxxxx in charge. The xxxxxxx shall immediately cooperate with the Xxxxxxx in considering the matter involved and try to make a satisfactory adjustment of it. The position of the xxxxxxx shall be communicated to the Xxxxxxx within three (3) working days. STEP 1: An employee(2) In case the xxxxxxx and xxxxxxx cannot settle a claim or grievance, assisted by the xxxxxxx shall then take his xxxxxxx if he so desires, shall case to a committeeman or officer of the Union who is present on that shift and they will present a written grievance to his immediate superintendent the xxxxxxx in a further effort to conclude a satisfactory settlement. The xxxxxxx shall provide a written response to the grievance within four three (3) working days. (3) If this procedure fails, there shall be a meeting with Management of the plant to consider the complaint of the aggrieved party in a further effort to resolve the case to a satisfactory conclusion. At any step, the committee may call upon the International Representative, LOCAL UNION OFFICERS, or other representatives of Management for assistance, which assistance shall be rendered. The International Representative and/or their designee shall be present at the Step 3 meeting. (4) days after the circumstances giving rise to the grievance have occurred or originated or within four (4) days of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 parties hereinabove set forth be unsatisfactory unable to the employee, finally resolve such dispute or should no decision be renderedgrievance, the employee assisted by his xxxxxxx, shall submit dispute at the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days option of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and party may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitrationarbitrator. The Such arbitrator shall be selected in rotation from by agreement between the Company and the Union. If they cannot agree upon an arbitrator, the Federal Mediation and Conciliation Service shall be requested to submit a list (Schedule “C”) panel of five five (5) arbitrators acceptable to arbitrators. Upon receipt of panel, the Parties attached to Company and forming part of this AgreementUnion representative shall, at the earliest possible date, alternately strike names from the panel until only one (1) name remains. The list Federal Mediation and Conciliation Service shall be updated by requested to appoint the Parties once every year during the term of this Agreement. Should the remaining one as arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidenceissue in dispute. (The decision of such arbitrator shall be final and binding upon both parties. The decision of the arbitrator shall be final and binding on rendered within thirty (30) days after the Parties.) 17.05 Arbitration hearings hearing. The general expense of the arbitrator shall be conducted at a mutually acceptable location with shared equally by the Association representative Company and the Council representative or Union. Each party shall be responsible for their designated respective legal counsel(s) acting as presentersown arbitrator expenses. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 Note 1: The arbitrator shall not limit his decision to an interpretation of the Agreement and shall have any power no authority to alter, change, add to, modify, or detract from the Agreement or to substitute amend any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance formits provision. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just 10.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and reasonable cause the Hospital or a dispute arising out of between the parties hereto relating to the interpretation, application application, administration or alleged violation of this the Agreement. 10.02 The grievance shall identify the nature of the grievance, including a dispute as the remedy sought, and should, where possible specify the provisions of the Agreement which is alleged to whether a matter have been violated. 10.03 At the time formal discipline is arbitrable and including imposed or at any stage of the quantum grievance procedure, an employee shall have the right to the presence of disciplinehis/her xxxxxxx. In the case of suspension or discharge, but excluding disputes involving trade jurisdictionthe Hospital shall notify the employee of his right in advance. Where the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall notify the Union of such suspension or discharge in writing, within three (3) days. 10.04 It is the mutual desire of the parties hereto that complaints shall be adjusted in accordance with as quickly as possible, and it is understood that an employee has no grievance until he has first given his immediate supervisor the following procedures: STEP 1: An employee, assisted by opportunity of adjusting his complaint. The grievor may have the assistance of a union xxxxxxx if he so desires, . Such complaint shall present a grievance to be discussed with his immediate superintendent supervisor within four five (45) days after the circumstances giving rise to the grievance it have occurred or originated or ought reasonable to have come to the attention of the employee. Failing settlement within four the five (45) days, it shall then be taken up as a grievance within five (5) days of following his immediate supervisor’s decision in the employee becoming aware of suchfollowing manner and sequence: STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the The employee assisted by his xxxxxxx, shall submit the grievance grievance, in writing, and signed by him, to the Human Resources Department. The employee may be accompanied by a Union xxxxxxx. The Human Resources Department will deliver his decision in writing within a further two five (25) days following the day on which the written grievance was presented to the Association him. The Union and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Association representative and the Council representative shall Hospital may meet to discuss the mattergrievance at a time and place suitable to both parties. If no resolution can be achieved within two (2) days either of the Parties mayFailing settlement, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration.then: 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of 2 Within five (5) arbitrators acceptable days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Parties attached to Human Resources Department. A meeting will then be held between the Chief Executive Officer or his/her designate and forming part of this Agreement. The list shall the designated union representatives who may be updated accompanied by the Parties once every year during general representative of the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shallUnion, within five (5) days of his appointmentthe submission of the grievance at Step 2, convene a meeting to hear unless extended by mutual agreement of the relevant evidenceparties. (The decision of the arbitrator Hospital shall be final and binding on delivered in writing within ten (10) days following the Partiesdate of such meeting.) 17.05 Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just and reasonable cause or grievance shall be defined as a dispute arising out of or complaint between the parties concerning the interpretation, application application, performance, termination, or any alleged violation breach of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, . Verbal warnings or counselings that are not memorialized in writing shall not be adjusted in accordance with the following procedures: STEP 1: An employee, assisted by his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent within four (4) days after the circumstances giving rise subject to the grievance and arbitration procedure. Grievances shall be processed in the following manner: An employee(s) having a grievance may request to discuss the grievance with their immediate supervisor. An authorized Union representative shall have occurred the right to participate in all such discussions. If there is no informal discussion or originated the grievance is not resolved through such discussion, an employee(s) having a grievance or within four (4) days of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, Union shall submit the grievance within a further two (2) days in writing to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, HR Manager within seven (7) days of the meetingincident or within seven (7) days from the time the employee(s) should have been reasonably aware of the incident. The grievance shall identify the nature of the grievance, refer the matter facts giving rise to arbitration in accordance the grievance, the names of the aggrieved employee(s), the date of the alleged grievance, the provision(s) of the Agreement violated by the Employer, and the remedy sought. The Department Head or his/her designee and the HR manager shall meet with the procedure contained hereingrievant(s) and/or Union representative within seven (7) calendar days of receipt of the grievance and shall respond in writing within seven (7) calendar days after the meeting. If such meeting is not held, the matter Discharges or suspensions shall be referred brought directly to Step 2 of the next step, arbitration. 17.02 The Association/Contractor may file a grievance procedure. Step 2 Should the employee or the Union be dissatisfied with the Employer’s disposition of the grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) daysStep 1, the grievance may may, within seven (7) calendar days after the answer in Step 1, be treated as a grievance commencing presented at Step 3 2 to the facility CEO of the Employer. The facility CEO will meet with the grievant and/or Union representative within seven (7) calendar days of the receipt of the grievance at Step 2 and shall respond in writing within seven (7) calendar days after the meeting. In the event the grievance is not settled under the grievance procedure, the Union may, within twenty-one (21) calendar days from the receipt of the Employer’s decision in Step 2 of the grievance procedure, submit the grievance to the American Arbitration Association Both the Union and the Employer agree to abide by the American Arbitration Association’s Voluntary Labor Arbitration Rules. Each party will be responsible for one-half (1/2) the total cost of the arbitrator as well as the location of the hearing. Each party will be responsible for the expenses of its own representatives and witnesses for time lost, and the cost of the transcript where there is no mutual agreement to order it. The parties may be referred mutually agree to arbitration in establish a panel of arbitrators and the same manner as an employee's grievance. 17.03 The appointment of procedures for selecting an arbitrator will be made within two (2) days of Step 3 referral to arbitrationamong the panel. The arbitrator shall be selected in rotation from a list (Schedule “C”) have no power to add to, subtract from, or modify the terms of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreementagreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The decision of the arbitrator shall be final and binding on both parties. Procedures: The lack of a response by the Parties.) 17.05 Arbitration hearings Employer within the prescribed time shall be conducted at construed as a mutually acceptable location with the Association representative negative response and the Council representative or their designated respective legal counsel(s) acting as presentersUnion shall have the right to proceed to the next step. Unless The Union and the Parties otherwise agree, all rulings will Employer may agree to submit a grievance initially at Step 3/Arbitration of the grievance procedure. Time limits may be given extended by mutual agreement of the arbitrator within forty eight (48) hours Union and the Employer. Such extension shall be in writing. Grievances arising after the expiration of the Agreement shall not be considered precedential or binding in any other grievancearbitrable. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 Any employee, or foe PBA, has the right to and may talk to foe Chiefo f Police about any questions or problems that may arise. A grievance shall be filed no later than 30 calendar days after foe PBA or the employee becomes aware o f the violation. Effective November 24,2014, foe grievance and arbitration procedure does not apply to disciplinary measure for other than just and reasonable cause or matters, which will be governed by 5711-q o f the New York State Unconsolidated Laws. If a dispute arising out of difference arises concerning the interpretationmeaning, application or alleged violation interpretation of the terms of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, it shall be adjusted resolved in accordance with the following procedures:thefollovdngprocedure: - — — ---------------------------------- STEP 1: An 1 - CHIEF OF POLICE A grievance of an employee shall first be discussed with foe Chief o f Police, foe employee, assisted if filed by his xxxxxxx if he so desiresan employee, shall present a end foe individual designated by foe PBA to handle the grievance. If foe grievance to his immediate superintendent is not settled within four (4) 15 calendar days after the circumstances giving rise presentation, it may be submitted to the grievance have occurred or originated or within four (4) days of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site2 - Village Manager. STEP 3: Should the decision rendered 2 - VILLAGE MANAGER If a grievance is not settled at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days1 - Chief o f Police, the grievance may be treated presented to die Village Manager. The Village Manager shall schedule a meeting consisting o f the Chief o f Police, xxxxxxxx'xxxxxxx the employee, if filed by an employee, and the individual designated by the PBA to handle the grievance, and such other representatives as the PBA and Village may choose to have present If the grievance is not settled within 15 calendar days o f the presentation at this Step, the grievance may be submitted to Step 3 - Arbitration. STEP 3 - ARBITRATION If a grievance commencing is not settled at Step 3 2, the PBA may file a Demand for Arbitration within 30 calendar days following the date of the meeting as set forth in Step 2 to the American Arbitration Association (AAA) pursuant to the Rules in effect at that xxx x. The parties retain the right prior to the PBA filing a Demand for Arbitration with AAA to agree on an arbitrator to hear the grievance. Effective for all demands for arbitration filed on or after July 27,2015, the Arbitrator will be selected in rotating alphabetical order from the following panel: Xxxxxx Xxxxx, Xxx Xxxxxx and Xx. Xxxxxxxx Xxxxxxx. Any arbitrator^) may be referred removed from the panel by a party upon written notice to the other to be received by that party by not later than December 1 each calendar year. Should this occur, the parties will immediately meet to attempt to agree upon a replacem ents). Failure to agree upon a replacem ents) will not be subject to the grievance or arbitration in procedure, PERB or court jurisdiction, or other third party review, except that, if the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within panel contains fewer than two (2) days of Step 3 referral names for one or more months, then a party w ill have the unilateral option, on written notice to arbitrationthe other, to replace the panel for grievances not then pending with arbitration through the AAA. The fees and expenses o f the arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to borne equally by the Parties attached to and forming part of this Agreementparties. The list Village and the PBA shall be updated by bear the Parties once every year during the term of this Agreementexpenses o f their respective witnesses and any other expenses they m ay incur. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agreebinding, all rulings will be given by but the arbitrator within forty eight (48) hours and shall not be considered precedential have no jurisdiction, power o r authority to amend, modify, supplement, vary or binding in disregard any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of o f this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just and reasonable cause or a dispute arising out 10.01 It is the mutual desire of the interpretation, application or alleged violation parties hereto that complaints of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, employees shall be adjusted as quickly as possible and it is understood that an employee has no grievance until he has first given the Employer an opportunity of adjusting the complaint. A duly authorized representative of the Local Union shall assist the employee(s) in accordance working out their complaints to the designated representative of the Employer. Failing satisfactory settlement, then; A grievance will be submitted in writing directly to the Employer. The Employer shall meet with the following procedures: STEP 1: An employee, assisted by Grievor and Xxxxxxx and shall give his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent within four (4) days after the circumstances giving rise answer in writing to the grievance have occurred or originated or within four not later than five (45) working days after such meeting. Failing satisfactory settlement, then; Within a period of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decisionweeks, the ContractorGrievor, the Association representative Xxxxxxx and the Council representative a Representative of COPE shall meet with the UNITE HERE Local 75 President or her/his designate to discuss review the mattercase. If no resolution can The Employer shall render a decision within five (5) working days after such meeting. Failing satisfactory settlement, then; The grievance may be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter submitted to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitrationOntario Labour Relations Act. 17.02 10.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The decision compensation of the arbitrator shall be final and binding on borne equally by the Partiesparties.) 17.05 Arbitration hearings (a) The Employer shall not discipline an employee without prior warning. The employee shall be conducted at accompanied by a mutually acceptable location with union representative of the Association representative and employee’s choice, provided that the Council representative or their designated respective legal counsel(smeeting can be scheduled within one (1) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add toweek, or detract from the Agreement or longer if both parties agree to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits period. The employee and their representative shall be given reasonable notice of this the Employer’s desire to meet for a disciplinary meeting, including the reasons for such meeting. The Employer shall give written notice of such a meeting which may be sent via electronic mail to the stewards, the affected employee and the COPE staff representative. In the event of a claim that he/she has been disciplined or discharged unjustly or unreasonably, such claim shall be subject to the grievance and arbitration procedureprocedure above. 17.09 Each (b) It is agreed that in the exercise of disciplinary rights for just cause under this collective agreement, the Employer shall not impose an unpaid suspension if warranted, but shall in its place impose a “working suspension”. This does not limit or restrict the Employer for imposing any other disciplinary measures as it sees fit or for any employee to file a grievance on the matter. (c) A record of disciplinary action shall be removed from an employee’s file if there are no further incidents of the Parties same nature in an eighteen (18) month period. (d) The Employer agrees to recognize the principles of progressive discipline when considering disciplining or discharging employees covered by this Agreement. (e) The Employer shall pay an equal share of provide to the fees employee, in writing, the reasons for any such disciplinary action. 10.04 Any and expenses of all time limits fixed by this Article may, at any time, be extended by mutual agreement between the arbitratorEmployer and the Union.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just 16.1 Any regular full time employee has a right, or may feel free, to talk to his supervisor about any question or problem that may arise. If any question or problem brought to the supervisor involves an interpretation of this Agreement, the xxxxxxx, upon request of the employee, will have the opportunity to be present at the discussion. 16.2 Grievance is defined as any difference between the Cooperative and reasonable cause or a dispute arising out of the Union as to the interpretation, application or alleged violation performance of any provision of this Agreement, including a dispute as to whether a matter is arbitrable Agreement and including the quantum of discipline, but excluding disputes involving trade jurisdiction, such difference shall be adjusted settled by the grievance and arbitration procedure set forth in accordance with paragraphs 16.3 and 16.4 of this Article. 16.3 There shall be no suspension of work on account of any grievance, and an xxxxxxx effort on the part of both the Cooperative and the Union shall be made to settle all grievances and in the following proceduresmanner: STEP Step 1: An employee, assisted by his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent The employee or employees involved within four five (45) working days after following the circumstances occurrence of first knowledge of the event giving rise to the grievance have occurred shall present the grievance to his or originated or within four (4) days of their supervisor along with the union xxxxxxx and every effort shall be made to settle the grievance. In the event the employee becoming aware of suchor employees fail to present the matter to his or their supervisor within five (5) working days as set forth above, no grievance shall be deemed to exist. In the event that this Step is not completed as set forth above, the grievance shall be considered withdrawn. STEP Step 2: Should If the decision rendered in Step 1 be unsatisfactory to grievance is not settled by the employee, or should no decision be renderedemployee and/or the xxxxxxx and the supervisor, the employee assisted by his xxxxxxx, xxxxxxx shall submit the grievance within a further two (2) days in writing to the Association Cooperative within five (5) working days, setting forth therein the specific term or provision of this Agreement which is alleged to have been violated and the Contractor's designated representative on nature of the Siteviolation. More specifically, the grievance shall be provided to either the Director of Human Resources or the CEO though e-mail or registered mail. If through e-mail, the subject line should indicate the nature of the e-mail. If the grievance is not received by the Cooperative within five (5) days, excluding Saturday and Sunday and observed holidays, no grievance shall be deemed to exist and the grievance shall be considered withdrawn. Upon receipt of such grievance in writing, a meeting shall be arranged between the Grievance Committee of the Local Union of the International Brotherhood of Electrical Workers, AFL CIO, and the Management of the Cooperative and the parties will endeavor to settle said grievance. The settlement of the grievance made at this Step shall be set forth in writing and signed by authorized representatives of the Cooperative and the Union. STEP Step 3: Should In the decision rendered at event the grievance is not settled in Step 2 be unsatisfactoryabove, within two five (5) days, excluding Saturday, Sunday and observed holidays following the conclusion of Step 2) days , the controversy at the request of either party may be referred to the Chief Executive Officer of the decisionCooperative and the Business Manager of Local Union #349 for further consideration. If the grievance is not referred within the specified five (5) day period, no grievance shall be deemed to exist and the grievance shall be considered withdrawn. Upon referral of such unresolved grievance, as promptly as can be arranged, a meeting shall be held between the Cooperative and the Union, at which the Chief Executive Officer of the Cooperative shall represent the Cooperative and the Business Manager of Local Union 349 shall represent the Union. Both the Cooperative and the Union may have, as deemed necessary for full consideration of the grievance, other persons to appear at this meeting. An International Representative of the IBEW may be present at this step of the grievance procedure, only to assist the local union. Settlements reached at this meeting shall be set forth in writing and signed by authorized representatives of the Cooperative and the Union. 16.4 If any grievance has not been settled in the foregoing Steps, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties controversy may, within seven (7) days at the request of the meetingeither party, refer the matter be submitted to arbitration in accordance with the procedure contained herein. If such following procedure: a) Within ten (10) days from date of last meeting is not heldin Step 3 above, the matter party requesting to arbitrate the controversy shall be referred give a written notice to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing other and shall at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from time request a list (Schedule “C”) of five (5) arbitrators acceptable to from the Parties attached to Federal Mediation and forming part of this Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the listConciliation Service. 17.04 The arbitrator shall, within b) Within five (5) days after receipt of list of Arbitrators, the Union and the Cooperative shall meet and each strike two (2) names there from; the remaining name shall designate the Arbitrator chosen. c) As promptly as can be arranged, the Arbitration hearing shall be held and within thirty (30) days thereafter the Arbitrator shall render his appointmentdecision. The Arbitrator, convene a meeting in rendering his decision, shall confine his decision to hear the relevant evidence. (controversy in question and shall not have the authority to add to, take away from, alter, or amend any of the provisions of this Agreement. d) The decision of the arbitrator Arbitrator shall be served upon the Cooperative and the Union and insofar as it is in conformance with paragraph (c) herein above shall be final and binding on both parties. e) The expense of the Parties.) 17.05 Arbitration hearings Arbitrator shall be conducted at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given shared equally by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievanceboth parties. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 9.1 A disciplinary measure for other than just and reasonable cause grievance is an actual dispute or a dispute arising out controversy concerning the interpretation or application of the interpretation, application or alleged violation any provision of this AgreementAgreement in connection with a specific act or situation. 9.2 Before filing a grievance pursuant to Step 1 of this Article, including it is suggested that the employee and/or Union Representative discuss the matter with their immediate supervisor and attempt to resolve it. Step 1. The Union Representative may file a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, shall be adjusted in accordance grievance with the following procedures: STEP 1: An employee, assisted by his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent next supervisory level within four thirty (430) days after the circumstances giving rise to the grievance have occurred or originated or within four (4) calendar days of the occurrence of the alleged violation. The grievance must be written, and signed and dated by the aggrieved employee becoming aware and/or Union Representative. The grievance shall set forth the nature of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site.facts upon which it is based, the STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, grievance is not resolved within seven (7) calendar days of after submission to the meetingnext supervisory level, refer it may be appealed to the matter third supervisory level. The written appeal must be presented to arbitration in accordance with the procedure contained hereinthird supervisory level no later than the fourteenth (14th) calendar day after the grievance was filed. Should there be no third supervisory level, this Step 2 will be bypassed and the grievance will move to Step 3. Step 3. If such meeting the grievance is not heldresolved within seven (7) calendar days after submission to the third supervisory level, it will then be addressed by the matter shall Union’s Business Manager or authorized representative and the Company’s Manager, Labor Relations or authorized representative for possible resolution. Such meeting will be conducted within fifteen (15) days after being referred to the next respective parties at this step, arbitration. 17.02 The Association/Contractor Step 4. If the grievance is not resolved at any of the above noted steps, it may file a grievance in writing be appealed to arbitration. Written notice of the appeal to arbitration must be given to the Director, Labor Relations or their authorized representative no later than the thirtieth (30th) calendar day after the appeal was filed with the CouncilManager, Labor Relations or authorized representative. The Council No grievance may file a grievance with a Contractor and/or be appealed to arbitration unless all of the Association. If such procedures set forth in this Article have been followed. 9.3 In the event any of the time limits contained in this Article for the filing or appealing of grievances are not resolved within two (2) daysshall be exceeded, the grievance shall be considered dropped. Any time limit, or exclusion of any of the above steps, including that provided for in the initial filing of the grievance, may be treated as a grievance commencing at Step 3 extended or by-passed by mutual agreement of the Company and may be referred to arbitration in the same manner as an employee's grievanceUnion. 17.03 The appointment 9.4 After the Union gives notice to the Company of an arbitrator will be made within two (2) days of Step 3 referral its desire to proceed to arbitration, the parties, unless they mutually agree to do otherwise, shall jointly request the Federal Mediation and Conciliation Service (FMCS) to furnish a list of seven (7) arbitrators, from which the parties shall select the arbitrator. The arbitrator FMCS shall be selected in rotation from directed to provide a list (Schedule “C”) of which is limited to people with at least five (5) arbitrators acceptable years of experience as an arbitrator and who is a member of the National Academy of Arbitrators. After the list has been received, the parties shall alternately strike a name until only one (1) remains. The one (1) remaining shall be the arbitrator chosen. The party striking first shall be determined by lot. 9.5 The arbitrator shall conduct the hearing only on the controversy at issue as formulated on the written grievance provided for in Article 9.2. Both parties shall be allowed to present such evidence and make such argument relating to the Parties attached to and forming part of this Agreementcontroversy as is pertinent. The list parties may call such employees as are deemed necessary as witnesses in any proceeding before the arbitrator, and, if an employee is on duty, the Company agrees to arrange for them to appear as a witness, provided it receives forty eight (48) hours’ notice. The party calling them will reimburse them for all expenses, including time lost. Each party shall bear the expense of preparing and presenting its own case. Expenses of the arbitrator and incidental expenses mutually agreed to in advance shall be updated borne equally by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the listboth parties. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (9.6 The decision of the arbitrator shall be final and binding upon both parties, provided that such 9.7 These grievance and arbitration procedures constitute the sole and exclusive procedure for the processing and resolution of any grievance. As the representative of the employees, the Union may, at any step in the grievance procedure, settle a grievance or decline to process it further. Any resolution of a grievance shall be final. 9.8 The Shop Stewards shall be designated by the Union and their names shall be supplied to the Company. All meetings with the Company representatives on the Parties.) 17.05 Arbitration hearings grievance matters shall be conducted at after the conclusion of the workday. An employee who believes that he has a mutually acceptable location grievance may briefly bring the matter to the attention of their supervisor or a Shop Xxxxxxx during working hours so long as doing so does not result in a work stoppage or slowdown or any other interference with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in work of any other grievanceemployee. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just 30.1 Any and reasonable cause all disputes between the Union or any employees and the Employer involving an alleged breach or issue of application or interpretation of this Agreement or a dispute arising out of the interpretation, application or alleged violation of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, local Supplemental Agreement shall be adjusted in accordance with the following proceduresas follows: STEP 1: An employee30.1.1 The shop steward, assisted by his xxxxxxx if he so desirestogether with a representative of the Union, shall present attempt xx xxxtle the matter with a representative of the Employer. No adjustment shall be deemed binding on the Union unless approved by the Manager of the Union or the designated Business Agent servicing the facility. Disputes not specific to an employee or group of employees may be brought by a representative of the aggrieved party. 30.1.2 A grievance is time barred if it is not submitted in writing to his immediate superintendent the Employer within four sixty (460) working days after of the circumstances occurrence of the condition or such time as the affected employee or the Union knew of the condition giving rise to the grievance have occurred or originated or within four (4) days grievance. In the case of a continuing violation, a remedy may be granted for up to one year prior to the filing of the employee becoming aware grievance. The time limit for filing grievances shall not apply to disputes concerning payment of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, benefit fund contributions or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Sitedisputes regarding Article 10. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days 30.1.3 If they shall fail satisfactorily to dispose of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If any such meeting is not heldgrievance, the matter shall be referred submitted to an arbitrator selected by mutual agreement from the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Associationpanel set forth herein. If such grievances are the parties cannot resolved within two (2) daysagree on an arbitrator, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of they shall select an arbitrator will be made within two (2) days by alternately striking members of Step 3 referral to arbitrationthe panel. The arbitrator who heard the previous case shall be selected in rotation from struck first. The panel shall consist of: Daniel Brent Robert Light Joan Parker Rosemary Townley 30.2 Exxxxx xxxxx dxxxxxxx xx xsx xxx xxxxxrxxxxx xxxxxxxxx as herein provided shall transmit a list (Schedule “C”) of five (5) arbitrators acceptable written notice to the Parties attached to and forming part other party no later than four (4) months after the filing of this Agreementthe grievance. The list shall be updated by award or decision of the Parties once every year during the term of this Agreement. Should arbitrator, in addition to granting such other relief as the arbitrator whose turn it is be unable to act within may deem proper, may contain provisions commanding affirmative acts or restraining acts and conduct of the time requirements delineated parties. If either party shall default in 17.04 and 17.05appearing before the arbitrator, he shall be passed over is empowered nevertheless to take the next person on proof of the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidenceparty appearing and render an award thereon. (The Any award or decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings and shall be conducted enforceable by appropriate proceedings at a mutually acceptable location with the Association representative and the Council representative law or their designated respective legal counsel(s) acting as presentersin equity. Unless the Parties otherwise agree, all rulings will His fee shall be given borne equally by the arbitrator within forty eight (48) hours parties hereto. 30.2.1 The parties agree that any papers, notices or processes to initiate or continue an arbitration hereunder may be served by mail, and shall not be considered precedential all papers, notices or binding processes in any other grievanceapplication to a court to confirm or enforce an arbitration award hereunder, including service of the papers conferring jurisdiction of the parties upon the court, may be served by certified or regular mail, directed to the last-known address of the Employer or the Union. 17.06 30.3 The arbitrator procedure herein established for the adjustment of disputes shall not have be the exclusive means for the determination of all disputes, complaints, controversies, claims or grievances whatsoever, including the arbitrability of any power to alterdispute. It is intended that this provision shall be interpreted as broadly and inclusively as possible. Neither party shall institute any action or proceeding in a court of law or equity, change, add toState or Federal, or detract from before an administrative tribunal, other than to compel arbitration, as provided in this Agreement, or with respect to the Agreement award of an arbitrator. This provision shall be a complete defense to and also grounds for a stay of any action or proceeding instituted contrary to this Agreement. 30.4 Any dispute, complaint, controversy, claim or grievance hereunder which any employee may have against the Employer may be instituted and processed only by the Union in the manner herein provided. No employee shall have the right individually to institute or process any action or proceeding with reference to any dispute, complaint, controversy, claim or grievance, or to substitute any new provision for any existing provision nor initiate or compel arbitration in the event the Union fails or refuses to give any decision inconsistent proceed with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance formarbitration. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just and reasonable cause 11.1 Procedures Any grievance or a dispute arising out regarding the interpretation or application of the interpretationprovisions of this contract must be submitted for settlement by the aggrieved associate or associates, application or alleged by the Union on its own behalf under the procedure as herein provided. This procedure shall be (he sole and exclusive method for settlement of such disputes. Step 1: Any associate or associates who believe there has been a violation of the terms or conditions of this Agreementcontract in relation to his or her employment shall immediately and promptly take such complaint to the immediate supervisor, including a dispute as to whether a matter is arbitrable and including the quantum of disciplineexcepting payroll items (i.e. vacation pay, but excluding disputes involving trade jurisdictionovertime pay, wages. etc.) or other money matters which shall be adjusted in accordance with filed and handled according to Step 2. Such associate and supervisor shall attempt to resolve said complaint No complaint will be considered by any supervisor or representative of the following procedures: STEP 1: An employee, assisted by his xxxxxxx if he so desires, shall present a grievance to his immediate superintendent within four (4) days after the circumstances giving rise Employer unless it is brought to the grievance have occurred or originated or within four (4) days attention of the employee becoming aware of such STEP 2: Should the decision rendered in Step 1 be unsatisfactory to the employee, supervisor or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, Employer within seven (7) calendar days of its occurrence, except as hereinafter provided as to wages or when the grievant would have had reasonable knowledge of its occurrence. If desired, the grieving associate may be accompanied by a Union Xxxxxxx during any meeting referred to in this Article. Nothing contained herein will be construed to eliminate the rights of the Union as provided for elsewhere in this Agreement Step 2: If said associate or associates and supervisor cannot resolve said complaint within seven (7) calendar days, the associate or associates shall reduce the complaint to writing, which shall be considered a grievance. The written grievance shall state the Article and section of the Agreement alleged to have been viola1ed, the nature of the violation, the remedy or correction desired, and it shall be signed and dated by the associate and the Union Xxxxxxx. The grievance shall be submitted within fourteen (14) calendar days after the occurrence of the alleged violation of this contract to the Administrator; provided, however, the complaints and grievances as to the amount of money due and payable to any associate for wages, hours worked, vacation allowance and days off may be filed and furnished to the Administrator within thirty (30) calendar days after the occurrence of such alleged violation relating to such wages. Failure to give such notice of a grievance arising under the terms and conditions of this contract shall constitute a permanent waiver and bar, and the associate or associates shall be forever foreclosed from raising any complaint or grievance in regard thereto in any manner whatsoever. The representative of the Employer and the Union shall immediately after the submission of such grievance, by mutual negotiation, attempt to arrive at a satisfactory settlement thereof. The Employer may be represented by such representative as it shall select The Administrator shall give the Union and the associate(s) involved a written response to the grievance within seven (7) calendar days of the grievance meeting, refer the matter to arbitration in accordance with the procedure contained herein. If such meeting is not held, the matter shall be referred to the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Association. If such grievances are not resolved within two (2) days, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of an arbitrator will be made within two (2) days of Step 3 referral to arbitration. The arbitrator shall be selected in rotation from a list (Schedule “C”) of five (5) arbitrators acceptable to the Parties attached to and forming part of this Agreement. The list shall be updated by the Parties once every year during the term of this Agreement. Should the arbitrator whose turn it is be unable to act within the time requirements delineated in 17.04 and 17.05, he shall be passed over to the next person on the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidence. (The decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings shall be conducted at a mutually acceptable location with the Association representative and the Council representative or their designated respective legal counsel(s) acting as presenters. Unless the Parties otherwise agree, all rulings will be given by the arbitrator within forty eight (48) hours and shall not be considered precedential or binding in any other grievance. 17.06 The arbitrator shall not have any power to alter, change, add to, or detract from the Agreement or to substitute any new provision for any existing provision nor to give any decision inconsistent with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance form. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.

GRIEVANCES AND ARBITRATION. 17.01 A disciplinary measure for other than just 30.1 Any and reasonable cause all disputes between the Union or any employees and the Employer involving an alleged breach or issue of application or interpretation of this Agreement or a dispute arising out of the interpretation, application or alleged violation of this Agreement, including a dispute as to whether a matter is arbitrable and including the quantum of discipline, but excluding disputes involving trade jurisdiction, local Supplemental Agreement shall be adjusted in accordance with the following proceduresas follows: STEP 1: An employee30.1.1 The shop sxxxxxx, assisted by his xxxxxxx if he so desirestogether with a representative of the Union, shall present attempt to settle the matter with a representative of the Employer. No adjustment shall be deemed binding on the Union unless approved by the Manager of the Union or the designated Business Agent servicing the facility. Disputes not specific to an employee or group of employees may be brought by a representative of the aggrieved party. 30.1.2 A grievance is time barred if it is not submitted in writing to his immediate superintendent the Employer within four sixty (460) working days after of the circumstances occurrence of the condition or such time as the affected employee or the Union knew of the condition giving rise to the grievance have occurred or originated or within four (4) days grievance. In the case of a continuing violation, a remedy may be granted for up to one year prior to the filing of the employee becoming aware grievance. The time limit for filing grievances shall not apply to disputes concerning payment of suchbenefit fund contributions or disputes regarding STEP 2: Should the decision rendered in Step 1 be unsatisfactory 30.1.3 If they shall fail satisfactorily to the employee, or should no decision be rendered, the employee assisted by his xxxxxxx, shall submit the grievance within a further two (2) days to the Association and the Contractor's designated representative on the Site. STEP 3: Should the decision rendered at Step 2 be unsatisfactory, within two (2) days dispose of the decision, the Contractor, the Association representative and the Council representative shall meet to discuss the matter. If no resolution can be achieved within two (2) days either of the Parties may, within seven (7) days of the meeting, refer the matter to arbitration in accordance with the procedure contained herein. If any such meeting is not heldgrievance, the matter shall be referred submitted to an arbitrator selected by mutual agreement from the next step, arbitration. 17.02 The Association/Contractor may file a grievance in writing with the Council. The Council may file a grievance with a Contractor and/or the Associationpanel set forth herein. If such grievances are the parties cannot resolved within two (2) daysagree on an arbitrator, the grievance may be treated as a grievance commencing at Step 3 and may be referred to arbitration in the same manner as an employee's grievance. 17.03 The appointment of they shall select an arbitrator will be made within two (2) days by alternately striking members of Step 3 referral to arbitrationthe panel. The arbitrator who heard the previous case shall be selected in rotation from struck first. The panel shall consist of: Dxxxxx Xxxxx Rxxxxx Xxxxx Jxxx Xxxxxx Rxxxxxxx Xxxxxxx 30.2 Either party desiring to use the arbitration procedure as herein provided shall transmit a list (Schedule “C”) of five (5) arbitrators acceptable written notice to the Parties attached to and forming part other party no later than four (4) months after the filing of this Agreementgrievance. The list shall be updated by award or decision of the Parties once every year during the term of this Agreement. Should arbitrator, in addition to granting such other relief as the arbitrator whose turn it is be unable to act within may deem proper, may contain provisions commanding affirmative acts or restraining acts and conduct of the time requirements delineated parties. If either party shall default in 17.04 and 17.05appearing before the arbitrator, he shall be passed over is empowered nevertheless to take the next person on proof of the list. 17.04 The arbitrator shall, within five (5) days of his appointment, convene a meeting to hear the relevant evidenceparty appearing and render an award thereon. (The Any award or decision of the arbitrator shall be final and binding on the Parties.) 17.05 Arbitration hearings and shall be conducted enforceable appropriate proceedings at a mutually acceptable location with the Association representative and the Council representative law or their designated respective legal counsel(s) acting as presentersin equity. Unless the Parties otherwise agree, all rulings will His fee shall be given borne equally by the arbitrator within forty eight (48) hours parties hereto. 30.2.1 The parties agree that any papers, notices or processes to initiate or continue an arbitration hereunder may be served by mail, and shall not be considered precedential all papers, notices or binding processes in any other grievanceapplication to a court to confirm or enforce an arbitration award hereunder, including service of the papers conferring jurisdiction of the parties upon the court, may be served by certified or regular mail, directed to the last-known address of the Employer or the Union. 17.06 30.3 The arbitrator procedure herein established for the adjustment of disputes shall not have be the exclusive means for the determination of all disputes, complaints, controversies, claims or grievances whatsoever, including the arbitrability of any power to alterdispute. It is intended that this provision shall be interpreted as broadly and inclusively as possible. Neither party shall institute any action or proceeding in a court of law or equity, change, add toState or Federal, or detract from before an administrative tribunal, other than to compel arbitration, as provided in this Agreement, or with respect to the Agreement award of an arbitrator. This provision shall be a complete defense to and also grounds for a stay of any action or proceeding instituted contrary to this Agreement. 30.4 Any dispute, complaint, controversy, claim or grievance hereunder which any employee may have against the Employer may be instituted and processed only by the Union in the manner herein provided. No employee shall have the right individually to institute or process any action or proceeding with reference to any dispute, complaint, controversy, claim or grievance, or to substitute any new provision for any existing provision nor initiate or compel arbitration in the event the Union fails or refuses to give any decision inconsistent proceed to with the terms and provisions of this Agreement. An arbitrator shall not dismiss any grievance on a technicality or error on the grievance formarbitration. 17.07 The time limits specified in this procedure are mandatory. Failure by the grieving party to advance a grievance to the next step within the time limited shall constitute abandonment. Fridays, Saturdays, Sundays and recognized holidays as listed in Article 22.02 shall be excluded from any time limits. 17.08 The Parties may, by mutual consent (in writing) extend the time limits of this grievance and arbitration procedure. 17.09 Each of the Parties shall pay an equal share of the fees and expenses of the arbitrator.