Common use of SETTLEMENT OF DISPUTES AND GRIEVANCES Clause in Contracts

SETTLEMENT OF DISPUTES AND GRIEVANCES. 11.01 The parties of this Agreement are agreed that it is of the utmost importance to address complaints and disputes as quickly as possible. A grievance procedure is provided as a means of orderly settlement of disagreements on matters covered by the terms of this Agreement. 11.02 Any employee with a complaint may discuss the same with the employee’s Supervisor. If settlement, satisfactory to the employee, is not reached, then the grievance procedure is as follows: Step 1: The employee, with a member of the Committee shall present the grievance in writing to the employee’s Supervisor within ten (10) calendar days, who shall render a decision within the next four (4) calendar days. If the grievance is not satisfactorily settled at this stage. Step 2: The employee with a member of the Committee of the Association shall meet with the 2nd level of Supervision or nominee within ten [10] calendar days, and attempt to settle the grievance. A written record shall be kept of the proceedings and of the pertinent statements of the aggrieved employee and the employee’s immediate Supervisor. The 2nd level of Supervision or nominee shall render this decision in writing within four (4) calendar days after the meeting. If a satisfactory solution is not found, under Step No. 2 of any difference between the parties arising from the interpretation, application, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if no written request is received within ten (10) calendar days after the decision in Step No. 2 is given, it shall be deemed to have been abandoned. No complaint or grievance may be submitted or considered under the Grievance Procedure unless it has been presented within ten calendar days from the time of its occurrence.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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SETTLEMENT OF DISPUTES AND GRIEVANCES. 11.01 Should differences of opinion arise as to the meaning and application of the provisions of this Agreement, they should be handled in the following manner: 1. First, the employee shall seek direct adjustment of his complaint with his supervisor within five (5) days after occurrence of the complaint, or within five (5) days after its occurrence became known to the employee, provided that lack of such knowledge was due to no fault of the employee. For purposes of this Article IX, any lapsed time shall be exclusive of prorate days and holidays. If the employee prefers, he may be accompanied by his Union xxxxxxx, provided that this does not interfere with performance of work. The employee may submit such complaint in writing; and in the event he presents his complaint to his supervisor in writing, signed by himself and the Chairman of the Workmen’s Committee if available, or if not, by his xxxxxxx, then the supervisor will give his answer in writing. The supervisor shall make his decision within five (5) days after presentation of the complaint to him. (See Section 6 below and Article VI, Section 5, with respect to discharge or disciplinary suspension-time limitations). 2. If the decision rendered by the supervisor in Step 1 above is not satisfactory, the employee may, within five (5) days after said decision is made, present his complaint at a meeting with his Department Superintendent or their designated alternates. If the complaint or grievance is of such a nature as to require an immediate meeting, then in such case, when mutually agreeable, such a meeting will be held with the above designated persons within twenty-four (24) hours of the time the complaint or grievance is presented to the supervisor by the employee. If he so desires, the employee may be accompanied by a member of the Workmen’s Committee. However, it is understood that this procedure must not interfere with the performance of work. Any employee requested to report to the office in connection with a dispute may be accompanied by a committeeman if he so desires. 3. If an acceptable settlement is not reached in Step 2 above within five (5) days after the meeting with the Department Superintendent or their designated alternates, the complaint may then be presented at a meeting between the Plant Manager and the Workmen’s Committee. This meeting shall be the next regular meeting unless the complaint or grievance is of such a nature as to require an immediate meeting, in which case, if mutually agreeable, a special meeting will be held within forty-eight (48) hours after a decision has been rendered by the Company representative in Step 2 above. 4. If the decision rendered by the Plant Manager is not satisfactory, then the case may, if it involves the interpretation or application of this Agreement, be taken to arbitration. If the Union desires to take the matter to arbitration, it will so notify the Plant Manager in writing within five (5) days from the date of his decision. In such event the Company shall prepare, within five (5) days thereafter, a joint request to the Director of the Federal Mediation and Conciliation Service (“FMCS”) to furnish a list of five (5) arbitrators. The Union and the Company will each, alternately, strike a name from the list of arbitrators until the name of only one (1) Arbitrator remains on the list, and he shall be the sole Arbitrator to hear and decide the dispute. The parties agree that the Arbitrator shall be selected and FMCS notified in writing of his selection within ten (10) days following the receipt of the list of arbitrators from FMCS. The parties further agree to jointly contact the Arbitrator within ten days following receipt of the Arbitrator’s acknowledgement of his appointment to select a mutually agreeable date for the hearing which must be scheduled to be held at a date no later than ninety (90) days following receipt of the Arbitrator’s acknowledgment of his appointment, unless extended by mutual agreement. Either party may request without justification, and be granted by the other party, a sixty-day (60) extension of this time limit to schedule the hearing. The Arbitrator’s decision shall be final and binding on the parties. The Arbitrator may interpret the existing provisions of this Agreement are agreed that it is and apply them to the specific facts of the utmost importance dispute presented to address complaints and disputes as quickly as possible. A grievance procedure is provided as a means of orderly settlement of disagreements on matters covered by him; but he shall, however, have no authority to add to, subtract from or modify the terms of this Agreement. Each party shall equally share the fees and expenses, if any, of the Arbitrator. 11.02 Any 5. Nothing in this Article shall prevent any employee with a complaint may discuss the same with the employee’s Supervisor. If settlement, satisfactory from individually presenting complaints to the employee, is not reached, then the grievance procedure is as follows: Step 1: The employee, with a member of the Committee shall present the grievance in writing to the employee’s Supervisor within ten (10) calendar days, who shall render a decision within the next four (4) calendar days. If the grievance is not satisfactorily settled at this stageManagement. Step 2: The employee with a member of the Committee of the Association shall meet with the 2nd level of Supervision or nominee within ten [10] calendar days, and attempt to settle the grievance6. A written record shall be kept of the proceedings and of the pertinent statements of the aggrieved employee and the employee’s immediate Supervisor. The 2nd level of Supervision discharge or nominee shall render this decision suspension grievance not presented in writing within four seven (47) calendar days to the Plant Manager, or his designated alternate, after the meeting. If a satisfactory solution is discharge or suspension, shall not found, under Step No. 2 of any difference between the parties arising from the interpretation, application, administration, or alleged violation of this Agreement, including any question as be subject to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if no written request is received within ten (10) calendar days after the decision in Step No. 2 is given, it shall be deemed to have been abandoned. No complaint or grievance may be submitted or considered under the Grievance Procedure unless it has been presented within ten calendar days from the time of its occurrenceconsideration hereunder.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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SETTLEMENT OF DISPUTES AND GRIEVANCES. 11.01 The parties of this Agreement are agreed that it is of the utmost importance to address complaints and disputes as quickly as possible. A grievance procedure is provided as a means of orderly settlement of disagreements on matters covered by the terms of this Agreement. 11.02 Any [R]Any employee with a complaint may discuss the same with the employee’s Supervisor. If settlement, satisfactory to the employee, is not reached, then the grievance procedure is as follows: Step 1: The employee, with a member of the Committee shall present the grievance in writing to the employee’s Supervisor within ten (10) calendar days, who shall render a decision within the next four (4) calendar days. If the grievance is not satisfactorily settled at this stage. Step 2: The employee with a member of the Committee of the Association shall meet with the 2nd level of Supervision or nominee within ten [10] calendar days, and attempt to settle the grievance. A written record shall be kept of the proceedings and of the pertinent statements of the aggrieved employee and the employee’s immediate Supervisor. The 2nd level of Supervision or nominee shall render this decision in writing within four (4) calendar days after the meeting. If a satisfactory solution is not found, under Step No. 2 of any difference between the parties arising from the interpretation, application, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if no written request is received within ten (10) calendar days after the decision in Step No. 2 is given, it shall be deemed to have been abandoned. No complaint or grievance may be submitted or considered under the Grievance Procedure unless it has been presented within ten calendar days from the time of its occurrence.

Appears in 1 contract

Samples: Collective Agreement

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