Common use of LOCAL AND AREA GRIEVANCE MACHINERY Clause in Contracts

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review Committee. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of Rights

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Except in cases involving cardinal infractions under the applicable Supplement, Rider or Addendum, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until the discharge or suspension is sustained under the grievance procedure. Notwithstanding the foregoing, any superior pro- visions in Supplements, Riders or Addenda shall prevail. The Union agrees it will not unreasonably delay the processing of such cases. If the Employer and the Union cannot agree locally on whether an arbitration case involving any suspension or discharge should be postponed, the issue shall be submitted for resolution to the Em- ployer’s Vice-President of Labor Relations and the Parcel and Small Package Division Director, or their designees. Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements, Riders or Addenda to this Agree- ment. Supplements shall provide for regular, scheduled meetings each quarter for the arbitration of points of order arising from discharge and suspension grievances, except those involving timeliness or discipline pursuant to Articles 16, 18 or 35 of this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review CommitteeThese meetings may be cancelled by written mutual agreement. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or Employer. All monetary grievance settlements shall be submitted by separate check payable to the Employer representativegrievant or grievant(s) and a copy of the same sent to the Local Union for their records. Such settlements shall be paid within ten (10) working days of the settlement. In addition, any mone- tary awards based on panel decisions will be made within ten (10) business days of receipt by the Company of the written panel decision. Authorized representatives of the Union and/or Employer may file grievances alleging alleg- ing violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing processing of grievances, if not set forth in the respective Supplemental AgreementsAgree- ments, Riders or Addenda, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of RightsProcedures

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Except in cases involving cardinal infractions under the applicable Supplement, Rider or Addendum, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until the discharge or suspension is sustained under the grievance procedure. Notwithstanding the foregoing, any superior provisions in Supplements, Riders or Addenda shall prevail. The Union agrees it will not unreasonably delay the processing of such cases. If the Employer and the Union cannot agree locally on whether an arbitration case involving any suspension or discharge should be postponed, the issue shall be submitted for resolution to the Employer’s Vice-President of Labor Relations and the Parcel and Small Package Division Director, or their designees. Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements Supplements, Riders or Addenda to this Agreement. Each Supplemental Agreement Supplements shall provide for a Regional Joint Area Review Committee. The Committee shall review regular, scheduled meetings each quarter for the arbitration of points of order arising from discharge and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region suspension grievances, except those involving timeliness or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority discipline pursuant to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee Articles 16, 18, or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification 35 of this Agreement, there shall . These meetings may be no arbitration of discharge and suspensions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committeecancelled by written mutual agreement. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative of the Employer. All monetary grievance settlements shall be submitted by separate check payable to the grievant or grievant(s) and a copy of the Employer representativesame sent to the Local Union for their records. Such settlements shall be paid within ten (10) working days of the settlement. In addition, any monetary awards based on panel decisions will be made within ten (10) business days of receipt by the Company of the written panel decision. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing processing of grievances, if not set forth in the respective Supplemental Agreements, Riders or Addenda, must appear in the Rules of Procedure Procedures of the various grievance committees and shall apply equally to the Employers Employer, the Union and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committeeemployer. Section 2. Xxxxxxxx’s Bill of Rights

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Except in cases involving cardinal infractions under the applicable Supplement, Rider or Addendum, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until the discharge or suspension is sustained under the grievance procedure. Notwithstanding the foregoing, any supe- rior provisions in Supplements, Riders or Addenda shall prevail. The Union agrees it will not unreasonably delay the processing of such cases. If the Employer and the Union cannot agree locally on whether an arbitration case involving any suspension or discharge should be postponed, the issue shall be submitted for resolution to the Em- ployer’s Vice-President of Labor Relations and the Parcel and Small Package Division Director, or their designees. Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements Supplements, Riders or Addenda to this Agreement. Each Supplemental Agreement Supplements shall provide for a Regional Joint Area Review Committeeregular, scheduled meet- ings each quarter for the arbitration of points of order arising from discharge and suspension grievances, except those involving time- liness or discipline pursuant to Articles 16, 18 or 35 of this Agree- ment. These meetings may be cancelled by written mutual agree- ment. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative represen- tative or Employer. All monetary grievance settlements shall be submitted by separate check payable to the Employer representativegrievant or grievant(s) and a copy of the same sent to the Local Union for their records. Such settlements shall be paid within ten (10) working days of the settlement. In addition, any monetary awards based on panel decisions will be made within ten (10) business days of receipt by the Company of the written panel decision. Authorized representatives of the Union and/or Employer may file grievances alleging alleg- ing violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing processing of grievances, if not set forth in the respective Supplemental AgreementsAgree- ments, Riders or Addenda, must appear in the Rules of Procedure Proce- dures of the various grievance committees and shall apply equally to the Employers Employer, the Union and the employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of Rights

LOCAL AND AREA GRIEVANCE MACHINERY. (a) The provisions provided herein shall replace and supersede pri- or language and Provisions relating in the individual supplements with re- gards to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreementmachinery. Each Supplemental Agreement IBT Region shall provide for a Regional Joint Area Review Committee, com- prised of the Supplements in that Geographic Region, that shall meet on a quarterly basis at a location agreed to by the Employer and Re- gional Freight Coordinator. In addition the Joint Area Committee may be required to meet at a Supplemental location for a special hearing of out of service cases, no later than thirty (30) days after the request is received by the administrator of the grievance process. The Committee shall review be made up of Local Union representatives from the Supplement involved and consider any ABF Employee Relations Per- sonnel or their designees. It is agreed that for a Committee to hear a case deadlocked by there shall be an equal number of Employer Committee members and Union Committee members sitting, not to exceed three (3) each and not less than two (2). Local Union representa- tives who are appearing as presenters or witnesses for the Regional Joint Area Local Union involved in a proceeding before a Committee, will be ineli- gible to act as a member of that Committee. The Regional Joint Area Review Committee Company Panel for cases to be heard at any level shall consist of the Freight Coordinator from the applicable Region not less than two (2) ABF Employee Relations Personnel or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and bindingtheir designees. In the event a grievance matter is deadlocked at the Joint Area Committee is unable to resolve the deadlocklevel, the case it shall be referred to the appropriate ABF Re- gional Committee for handling or as provided for in the Joint Area Committee rules of procedure for discharges and suspension. If not resolved at that level it shall be referred to the ABF Review Com- mittee or to the ABF National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensions. (b) All grievances arising under the provisions of the Master Agreement Agree- ment (Articles 1-39) shall be filed directly with the appropriate Regional Re- gional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of Rights​ ​

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review Committee. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge discharges and suspensions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of Rights

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review Committee. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensions. (ba) All grievances arising under the The provisions of the Master Agreement (Articles 1-39) provided herein shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final replace and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear supersede prior language and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated Provisions in the applicable Supplemental Agreement, in accordance individual supplements with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the regards to local, state and area grievance machinery machinery. Each IBT Region shall provide for a Joint Area Committee, comprised of the Supplements in that Geographic Region, that shall meet on a quarterly basis at a location agreed to by the Employer and in Regional Freight Coordinator. In addition the national grievance procedure Joint Area Committee may be invoked only required to meet at a Supplemental location for a special hearing of out of service cases, no later than thirty (30) days after the request is received by the authorized Union representative or the Employer representative. Authorized representatives administrator of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committeeprocess. Section 2. Xxxxxxxx’s Bill of Rights

LOCAL AND AREA GRIEVANCE MACHINERY. Except in cases involving cardinal infractions, as outlined in Article 54 of this Agreement, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until the discharge or suspension is sustained under the grievance procedure (which includes arbitration). The Union agrees it shall not unreasonably delay the processing of such cases. Section 7.1. Differences between the Employer and the Union as to the application or interpretation of any of the provisions of this Agreement, including the question of whether an employee has been disciplined or discharged for just cause, shall be settled by the following grievance and arbitration procedure. a) Provisions The Employee shall discuss any issues or complaints with a supervisor, or b) The Union Xxxxxxx or Business Agent shall discuss any issues or complaints with the appropriate supervisor or manager. 2. If the Employee’s issue or complaint is not resolved in step 1, the Employee shall discuss the issue or complaint with his/her xxxxxxx and the appropriate supervisor or manager. 3. If the parties fail to agree on the dispute or issue the xxxxxxx and/or the assigned Business Agent shall promptly be authorized to submit a written grievance to the Employer with a copy provided to and retained by the Business Agent within thirty (30) calendar days of the occurrence or knowledge of the occurrence. Grievances relating solely to local, state and area discharge or discipline shall be filed within fifteen (15) calendar days of the notice of discipline. 4. Failure to follow the above grievance machinery are set forth filing period as outlined in subparagraph 3 above may result in the applicable Supplements dismissal of the grievance. 5. Unresolved grievances may be submitted to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review the UPS/705 Grievance Committee. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review UPS/705 Grievance Committee shall consist of an equal number of members selected by the Freight Coordinator from Employer and the applicable Region or Union. 6. Failure to achieve a designee resolution resulting in a deadlock at the UPS/705 Grievance Committee may result in the grievance being submitted to arbitration by the Union. Unless mutually agreed to otherwise, the parties agree to have the UPS/705 Grievance Committee hear and decide all docketed discipline cases, including discharge and suspension, prior to any contract interpretation grievances each month. Effective January 1, 2009, an impartial arbitrator shall sit as the fifth (5th) member of the TNFINC Chairman UPS/705 Grievance Committee who shall hear all testimony and a designee of receive evidence with the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National UPS/705 Grievance Committee. Unless otherwise indicated in writing The impartial arbitrator shall render a bench decision only if, and after, the UPS/705 Grievance Committee deadlocks the discipline grievance. In selecting the fifth (5th) member of the UPS/705 Grievance Committee, the parties shall adhere to TMI and TNFINC by a Supplemental Negotiating Committee prior to the following procedure: Within fourteen (14) days of ratification of this Agreement, there the parties shall jointly request from the Federal Mediation and Conciliation Service (FMCS) a panel consisting of 35 arbitrators selected from FMCS’s Regional pool who are members of the National Academy of Arbitrators who shall agree, if mutually selected by the parties, to be part of a permanent panel. Within ten (10) business days from receiving the panel of names from FMCS, the parties shall alternatively strike names until seven arbitrators are left to form a permanent panel known as the Board of Arbitration (the Board) for the term of this Agreement. Each member of the Board shall alphabetically by last name be assigned a number from 1 to 7. Every month the arbitrator shall be no arbitration assigned, by rotation from the list of discharge names, with the first month’s UPS/705 Grievance Committee being assigned the arbitrator designated number 1, and suspensions. succeeding months assigned to the other arbitrators in numerical sequence. If for any reason an arbitrator is unable to sit during his designated monthly UPS/705 Grievance Committee, then the parties shall attempt to agree on a replacement arbitrator. If the parties are unable to agree, then the parties shall request from the FMCS a list of seven (b7) All grievances arising under names from which the provisions Employer and the Union shall alternatively strike three (3) different names, and the person whose name remains shall be designated as the replacement arbitrator for that month only. When choosing a replacement arbitrator, either party may reject an FMCS panel in its entirety one time. Upon rejecting the panel, the party shall immediately request and pay for a new panel. Within seven days (7) days from January 1 of each calendar year, either party may notify the other party of its intent to remove one arbitrator from the Board. The party seeking to replace an arbitrator shall request from the FMCS, a list of seven (7) names from which the Employer and the Union shall alternatively strike three (3) different names, and the person whose name remains shall be designated as the replacement arbitrator. When choosing a replacement arbitrator for the Board, either party may reject an FMCS panel in its entirety one time. Upon rejecting the panel, the party shall immediately request and pay for a new panel. The replacement arbitrator shall assume the numerical order of the Master Agreement (Articles 1-39) arbitrator who was removed. An arbitrator may also be removed from the permanent panel at any time upon the mutual written agreement of the parties. Upon notice of removal of an arbitrator from the Board, the parties shall attempt to agree upon a replacement arbitrator. If the parties are unable to agree, then the selection of a replacement shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established above paragraph. The replacement arbitrator shall assume the numerical order of the arbitrator who was removed. For purposes of this subsection (7) only, the fees and expenses of the Arbitrator shall be borne equally by the ABF National Master Freight Safetyparties. Any backpay remedy ordered shall be paid by the Employer within ten (10) days of decision. No attorneys shall be allowed at the UPS/705 Grievance Committee, Health and Equipment Committee provided for in Article 16. Special Joint Area all UPS/705 Grievance Committees shall also be created in compliance with take place at the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance CommitteeLocal 705 offices. Section 2. Xxxxxxxx’s Bill of Rights

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review Committee. The Committee shall review and consider any case deadlocked by the Regional Joint Area CommitteeCommittee except suspension and discharge cases. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated provided in writing to TMI a Supplemental Agreement, discharge and TNFINC suspension cases deadlocked by a Supplemental Negotiating Regional Joint Area Committee prior to ratification of this Agreement, there shall be no automatically referred to the applicable Regional Arbitration Panel, whose decision shall be final and binding. The Regional Arbitration Panel shall consist of a Union representative designated by the Chairman of TNFINC and the Employer Chairman of the Regional Joint Area Committee or his/her designee and an impartial arbitrator. The procedures for selection of the arbitrator for the Regional Arbitration Panel and the cost of arbitration shall be determined by the Rules of Procedure of the Regional Joint Area Committee. Arbitration of discharge and suspensionssuspension deadlocks will take place during the Regional Joint Area Committee session at which the cases were deadlocked. At the arbitration hearing before the Regional Arbitration Panel, the Employer's case will be presented by a full-time employee of the Employer and the Union's case by a full-time employee of the Local Union, and the Rules of Procedure of the Regional Joint Area Committee shall apply. The Regional Arbitration Panel shall issue a "bench decision" at the conclusion of the grievance hearing. Either party, however, may request a clarification or further explanation of the previous decision rendered by the Regional Arbitration Panel. Where Supplements under the 1994-1998 NMFA provided for arbitration in discharge cases, the procedures for such arbitration shall be maintained under the 1998-2003 Agreement. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of Rights-

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review Committee. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of Rightsthe

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review Committee. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers Employer and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. XxxxxxxxGrievant’s Bill Xxxx of Rights

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review Committee. The Committee shall review and consider consid- er any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions deci- sions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensionssuspen- sions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate appropri- ate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee com- mittee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously expedi- tiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose hose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints com- plaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representativerepre- sentative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers Employer and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of Rights

LOCAL AND AREA GRIEVANCE MACHINERY. (a) Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements to this Agreement. Each Supplemental Agreement shall provide for a Regional Joint Area Review Committee. The Committee shall review and consider any case deadlocked by the Regional Joint Area Committee. The Regional Joint Area Review Committee shall consist of the Freight Coordinator from the applicable Region or a designee of the TNFINC Chairman and a designee of the Executive Director of TMI. The Committee shall have the authority to resolve any such deadlocked case either by review of the evidence presented to the Regional Joint Area Committee or by rehearing the case. The decisions of the Committee shall be final and binding. In the event the Committee is unable to resolve the deadlock, the case shall be referred to the National Grievance Committee. Unless otherwise indicated in writing to TMI and TNFINC by a Supplemental Negotiating Committee prior to ratification of this Agreement, there shall be no arbitration of discharge and suspensions. (b) All grievances arising under the provisions of the Master Agreement (Articles 1-39) shall be filed directly with the appropriate Regional Joint Area Committee. The Regional Joint Area Committee shall have the authority to render a final and binding decision or direct the grievance to the appropriate lower level committee for hearing if the grievance is not properly claimed under the provisions of the Master Agreement. The Regional Joint Area Committee must hear and decide such cases within ninety (90) days of the filing of the grievance. Grievances arising under Article 9 - Protection of Rights, Article 29, Sections 1 or 2(a) and (b) - Substitute Service and Article 32, Subcontracting shall be expeditiously processed and may be heard at either regularly scheduled or specially called hearings. A grievance may be filed by any Region whose hose members are adversely affected by an alleged violation of Article 32, Section 4(b) occurring within its jurisdiction. (c) It is mutually agreed that the procedures for processing complaints concerning matters of highway and equipment safety shall be incorporated in the applicable Supplemental Agreement, in accordance with the guidelines established by the ABF National Master Freight Safety, Health and Equipment Committee provided for in Article 16. Special Joint Area Committees shall also be created in compliance with the provisions of Article 35, Sections 3 and 4. The procedure set forth in the local, state and area grievance machinery and in the national grievance procedure may be invoked only by the authorized Union representative or the Employer representative. Authorized representatives of the Union and/or Employer may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein, unless provided to the contrary or otherwise mutually agreed in the Supplemental Agreement and/or respective committee rules of procedure. Time limitations regarding the filing of grievances, if not set forth in the respective Supplemental Agreements, must appear in the Rules of Procedure of the various grievance committees and shall apply equally to the Employers and employees. The Rules of Procedure of the various committees established under the Agreement shall be subject to the review and approval of the National Grievance Committee. Section 2. Xxxxxxxx’s Bill of Rights