Common use of GRIEVANCES AND DISPUTES Clause in Contracts

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 reason of any dispute or difference of opinion or policy between the parties hereto, save and except the failure of the other party to abide by a decision of the Joint Arbitration Committee, the Arbitrator, or a judgment of a court of law. Section 4. Any employer involved in a dispute or grievance which is processed before the Joint Arbitration Committee, and who is not a contributor to one of the Advancement Funds set forth in Article 25 shall be required to pay a service fee of $100.00 per dispute or grievance processed by the Joint Arbitration Committee and such fee shall be paid to the appropriate Advancement Fund to defray the cost of such dispute of grievance.

GRIEVANCES AND DISPUTES. Section 16.01 The Company and Union agree that the best solutions to local disagreements will most likely come from those who clearly understand and are closely associated with the issues. Therefore, this Article empowers Employees and line managers with the authority to resolve grievances at the local level. All grievances and disputes will be settled in accordance with the procedures outlined in this Article. 6.02 To be considered valid, formal grievances must be filed, in writing, with local Management within twenty-eight (28) calendar days of the incident; or, in the case of a policy grievance, no later than twenty-eight (28) calendar days from the date the Union realized such event had occurred. When appropriate, grievances should clearly indicate what provision(s) of the Collective Bargaining Agreement have allegedly been violated and a proposed solution. 6.03 In the case of a dismissal where a grievance is filed, the grievance procedure shall commence at Step 2. 6.04 Grievances arising from a job appointment are to be submitted to Human Resources and the grievance procedure shall commence at Step 2. If an appointee is displaced as a result of a grievance on an appointment, the Company shall pay all expenses incurred by the appointee. 6.05 The time limits contained within this Article may be extended by mutual agreement of the parties. 6.06 In the discussion of grievances with representatives of the Company, a member or members of the Grievance Committee may, at any time, be accompanied by representatives of UNIFOR. The Association shall appoint a Standing Committee Employee representatives of two persons and the Union shall appoint a Standing Committee of two persons to promote the operation of this Agreementnot exceed three (3) in number, except by mutual consent. Section 2. All disputes of every type 6.07 As far as possible, all grievance hearings will be dealt with on the Company’s time 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 no Employee or member of the Standing Grievance 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 will suffer loss 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 pay by reason of any dispute or difference of opinion or policy between the parties hereto, save and except the failure time spent in discussing grievances with representatives of the other party to abide Company. 6.08 The Company will pay all necessary and reasonable traveling expenses incurred by a decision member of the Joint Arbitration Grievance Committee, including board and lodging, when a member is required to attend a meeting which has been called by the Arbitrator, or a judgment of a court of lawCompany outside such member’s location. Section 4. Any employer involved in 6.09 The Union shall supply Human Resources with a dispute or grievance which is processed before current list of the Joint Arbitration Committeenames, work locations, and who is not a contributor to one classifications of the Advancement Funds set forth in Article 25 shall be required to pay a service fee of $100.00 per dispute or grievance processed by the Joint Arbitration Grievance Committee and such fee shall be paid to the appropriate Advancement Fund to defray the cost of such dispute of grievanceUnion Stewards.