GRIEVANCES AND DISPUTES. 7.01 It is agreed that grievances which may arise during the life of this Agreement shall be promptly discussed and the parties hereto will at all times co-operate in an effort to adjust such grievances at the earliest possible time. There will be no obligation to consider or process a grievance which has not been presented according to the procedure herein within twelve (12) working days after the alleged occurrence became known to the Grievor or should have become aware to the Grievor.
GRIEVANCES AND DISPUTES. 7.01 If differences arise during the term of the collective bargaining agreement between the parties, there shall be no strikes by the Union or its Members or lockout on the part of the Company. Grievances shall be settled in accordance with the following procedure.
GRIEVANCES AND DISPUTES. 8:1 All grievances or questions in dispute shall be adjusted by the duly authorized representatives of each of the parties to this Agreement
GRIEVANCES AND DISPUTES. The Labor-Management Committee of the site local union shall handle all grievances, Changes: There shall be a Labor-Management Committee established to handle changes to this Memorandum of
GRIEVANCES AND DISPUTES. 7.01 It is agreed that grievances which may arise during the life of this Agreement shall be promptly discussed and the parties hereto will at all times co-operate in an effort to adjust such grievances at the earliest possible time. There will be no obligation to consider or process a grievance which has not been presented according to the procedure herein within fifteen (15) working days after the alleged occurrence became known to the Grievor. For the purpose of this Agreement, the term "Grievance" means any dispute between the Company and the Union, or between the Company and any employee concerning the effect, interpretation, application, claim of breach or violation of this Agreement, or any other dispute which may arise between the parties.
GRIEVANCES AND DISPUTES. The Labor-Management Committee of the site local union shall handle all grievances, with the exception of interpretations of this Memorandum of Understanding, which shall be determined by the Ninth District International Vice President and the Western Region NECA Executive Director, as previously noted. Any complaint or grievance, except in the case of fringe benefit payments, which is not filed in writing, within 15 working days of the grievant becoming aware of the complaint or grievance, shall be deemed to no longer exist. Any unresolved issues shall be submitted to CIR for adjudication as provided for in the Inside Agreement.
GRIEVANCES AND DISPUTES. In order to promote harmony and uniform interpretation of this working agreement, the parties agree that in all grievance procedures the Employer Representative shall be jointly appointed by the Western Kentucky Construction Association. The employer with whom the dispute exists will be allowed to be present or to be represented. There shall be no stoppage of work on account of any difference which might occur between the Employer and the Union regarding interpretation of this agreement. Any dispute as to the proper interpretation of this Agreement shall be handled in the first instance by a Representative of the Union and Employer, and if they fail to reach a settlement within five (5) days, it shall be referred to a Board of Arbitrators composed of one (1) person appointed by each party, the two (2) so appointed to select a third member. In the event that the two (2) so appointed arbitrators are unable within two (2) days to agree upon a third arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of five (5) names from which the third member shall be selected. The decision of the Board of Arbitration shall be final and binding upon both parties. The Board of Arbitration shall have jurisdiction over all questions involving the interpretation and application of any section of this Agreement. It shall not, however, be empowered to handle negotiations for a new agreement, changes in wage scale, or jurisdictional disputes and shall not be empowered to add or detract from the express provisions of this agreement. Each party shall individually pay the expenses of the arbitrator it appoints and the two parties shall jointly share the expense of the third arbitrator. The provisions of this grievance and arbitration clause shall not authorize the awarding of any damages to any employer, but this provision shall not limit in any way the right of the employer to seek damages in an appropriate court action.
GRIEVANCES AND DISPUTES. In the event of a dispute arising between the parties to this contract on any matter covered by the contract, other than hours of labor and rates of pay, that cannot be adjusted between themselves, they shall within forty-eight (48) hours, appoint three (3) members each, who are able and willing to serve on an arbitration board. The members so selected shall, within forty-eight (48) hours, appoint a seventh (7th) member to umpire, who shall render a decision, which shall be final and binding. This decision shall be given within sixty (60) days. Any costs shall be borne equally by the parties involved.
GRIEVANCES AND DISPUTES. Section 1. The Association shall appoint a Standing Committee of two persons and the Union shall appoint a Standing Committee of two persons to promote the operation of this Agreement.
Section 2. All disputes of every type and character between the parties hereto (except as described in Article 18) arising from this Agreement, which are not settled directly between the persons involved shall be submitted to a joint arbitration committee composed of the Standing Committee (the representation from each Standing Committee to be equal as to numbers). The Joint Arbitration Committee shall meet within forty-eight (48) hours after a request to do so is received from either the Association or the Union. The Joint Arbitration Committee shall hear and consider all evidence presented by the parties, including that of the Business Representative of the Union. The Committee shall render a decision by majority vote of its members. A decision of the Joint Arbitration Committee shall be final and binding and shall be promptly complied with by all parties. In the event a majority decision is not arrived at within twenty-four (24) hours after the hearing is concluded, the dispute shall be referred to an Arbitrator who shall decide the case by rendering a written decision. The Arbitrator shall be chosen in this manner: The party requesting arbitration shall have the right to request a panel from either the American Arbitration Association or the Federal Mediation and Conciliation Service who shall be requested to submit a list of seven (7) qualified persons to act as arbitrator. The arbitrator will be selected by each party striking an equal number of proposed arbitrators from the panel. The remaining individual shall be the arbitrator whose decision shall be final and binding upon all parties concerned. The arbitrator shall not have the power to add to, subtract from, or alter any of the terms of this Agreement. All expenses of arbitration previously authorized by the Joint Arbitration Committee shall be borne equally by the Association and the Union. Any party requesting an arbitration panel from the American Arbitration Association shall be solely responsible for the entire cost and expense charged by American Association for such service.
Section 3. Neither the Association, Association Members signatories, nor the Union or the Union Members shall engage in, permit, induce, or encourage any stoppage of work, slowdown, strike, lockout, or concerted refusal to work by reaso...
GRIEVANCES AND DISPUTES. The Parties to this Agreement recognize that the Supreme Court of the United States has consistently held for over fifty years that federal law and policy favors the use and finality of arbitration procedures established through collective bargaining agreements to resolve all nature of disputes affecting the employee-employer relationship. As the designated representative of employees, the Union contracts regarding the specific terms and conditions of employment as well as the enforcement mechanism to ensure those conditions are met, which mechanisms include grievance arbitration. These tenns, conditions and enforcement mechanisms are generally superior to those available to employees not covered by collective bargaining agreements. Grievance arbitration provision in a collective bargaining agreement is reflected in national labor laws and is premised on the federal policy to promote industrial stabilization through the collective bargaining agreement. "A major factor in achieving industrial peace is the inclusion of a provision for arbitration of grievances in the collective bargaining agreement." United Steelworkers of Am. v. Warrior & GulfNav. Co., 000 X.X. 000, 577-78, 80 S. Ct. 1347, 1350, 4 L. Ed. 2d 1409 (1960). X.X. Xxxxxx, Inc. v. N.L.R.B., 737 F.3d 344,361 (5th Cir. 2013) ("[W]e discern ] in the structure of the [National Labor Relations Act] the very specific right of employees to complete the collective bargaining process and agree to an arbitration clause.'' Citing, Blessing x. Xxxxxxxxx, 000 X.X. 000, 343, 117 S.Ct. 1353, 137 L.Ed.2d 569 (1997) (internal quotation marks and citation omitted). The Parties to this Agreement recognize that the National Labor Relations Board has held that the pursuit of collective or class action claims is concerted action but that a union may waive certain rights to concerted action in a collective bargaining agreement. In doing so, the National Labor Relations Board recognized that a collectively bargained arbitration clause stems from the exercise of rights to act in concert and that "[F]or purposes of examining whether a waiver of Section 7 rights is unlawful, an arbitration clause freely and collectively bargained between a union and an employer does not stand on the same footing as an employment policy ... imposed on individual employees by the employer as a condition of employment." X.X. Xxxxxx Inc., 357 NLRB No. 184 (January 3, 2012). The Parties to this Agreement recognize that arbitration pursuant to th...
