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.
Appears in 5 contracts
Samples: Agreement, Heavy and Highway Construction Agreement, Agreement
