Common use of Third Step Clause in Contracts

Third Step. If the grievance is not resolved satisfactorily in the second step, there shall be available a third step of impartial binding arbitration. The grievant and the Association shall meet within five (5) working days of disposition of the grievance to discuss the merits of submitting the grievance to arbitration. If the Association determines that the grievance is meritorious it may submit the grievance to arbitration within fifteen (l5) working days. If a demand for arbitration is not filed within twenty (20) working days of the second step reply, the grievance shall be deemed settled on the basis of the second step answer. Grievances which have been processed through the preceding steps of this procedure and only such grievances shall be submitted to arbitration as provided here: 1. The Association shall submit, in writing, a request to the Board to enter into such arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within five (5) working days after said notice is given. If the two parties fail to reach agreement on an arbitrator within five 5) working days, the Federal Mediation Conciliation Service shall be requested to provide a panel of seven (7) arbitrators residing within a 300 mile radius of Mid-Prairie. This Request shall be in the form of a Written communication from the Association. Each of the two parties shall alternately strike one name at a time from that panel. The first strike shall be determined by lot. The remaining name shall be the arbitrator. 2. The arbitrator shall have no power to alter, change, detract from or add the provisions of this Agreement, but shall have power only to apply & interpret the provisions of this Agreement to the settlement of issues and grievances arising hereunder. 3. The decision of the arbitrator shall be submitted in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted within twenty (20) working days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The decision of the arbitrator shall be binding on the parties. 4. Each party shall bear its own cost and expense of the arbitration proceedings excluding the fee of the arbitrator which shall be shared equally by the Board and the grievant or his/her representative.

Third Step. If In the grievance event the Union is not resolved satisfactorily in the second stepsatisfied with management's Second Step answer, there shall be available a third step of impartial binding arbitration. The grievant and the Association shall meet within five (5) working days of disposition an officer of the grievance to discuss the merits of submitting the grievance to arbitration. If the Association determines that the grievance is meritorious it may submit the grievance to arbitration within fifteen (l5) working days. If a demand for arbitration is not filed within twenty (20) working days of the second step replyUnion, the grievance shall be deemed settled on the basis of the second step answer. Grievances which have been processed through the preceding steps of this procedure and only such grievances shall be submitted to arbitration as provided here: 1. The Association shall submitmay, in writing, a request to the Board to enter into such arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within five (5) working days after said notice is givenreceiving the Second Step answer, notify the Plant Manager and/or his designated representative, in writing, that he wishes to submit the matter for further consideration. At the same time, the Union shall provide a written statement of the contractual reasons the Company's Second Step answer was not accepted. The Plant Manager, and/or his designated representative will discuss the matter with the Workers Committee and, if the Union requests, an International Union Representative or the President of Local 417 G, at a time to be mutually agreed upon. The Plant Manager and/or his designated representative shall provide a written answer to the grievance within ten (10) working days after the close of the discussions. If the two parties fail answer of the Plant Manager, or his designated representative, does not settle the grievance, the International Representative of the Union may request that the grievance be submitted to reach agreement on an arbitrator impartial arbitrator, providing the grievance is one which does not involve matters in which arbitration is specifically prohibited, under the terms of Article II of this Agreement. The Union must then notify the Plant Manager of that fact, in writing, within five 5thirty (30) working days, days after the date the Third Step answer was rendered. The International Union Representative and the Company shall make written application to the Federal Mediation and Conciliation Service requesting a nine (9) member panel from which the parties shall be requested to provide a panel of seven (7) arbitrators residing within a 300 mile radius of Mid-Prairieselect an arbitrator. This Request shall be in the form of a Written communication from the Association. Each of the two The parties shall alternately strike eight (8) names, one name at a time from that panel. The first strike shall be determined by lottime. The remaining name panelist shall serve as arbitrator. It is understood that, starting with the first arbitration case, following the date of execution of this Agreement, the Union shall strike the first name. Thereafter the determination of which party strikes first will be made by the toss of a coin. Both the Company and the Union shall have the right to reject one entire panel submitted by the Federal Mediation and Conciliation Service. When the arbitrator has been selected, he shall meet for the consideration of the grievance as soon thereafter as is practical. Any such meeting of an arbitrator shall be held in a location the arbitrator. 2parties unanimously decide upon. Any such arbitrator shall decide only the grievance submitted to him, upon testimony presented to him, by the Union and the Company, and shall render his decision in writing. The jurisdiction of the arbitrator shall be limited to a grievance involving the interpretation or application of the specific provisions of this Agreement. Except as otherwise specifically provided in this Agreement, the arbitrator shall have no power to alterchange the wages, changehours, detract from or conditions of employment set forth in this Agreement; he shall have no power to add to, subtract from, or modify any of the terms of this Agreement; he shall deal only with the grievance which occasioned his appointment. He will require that the Union has the burden of establishing its position on behalf of the employee, except in discipline or discharge cases, where the burden will be on management. The parties hereto shall fully comply with the award or decision made by any such arbitrator, and the decision of the arbitrator will be final and binding on both parties. The fee and expenses of the impartial arbitrator shall be borne equally by both parties. The expense of witnesses for either side shall be paid by the party requesting the witness. The total cost of the stenographic record which may be made and all transcripts thereof shall be paid for by the party ordering the same. If a stenographic record is made by either party, the other party shall receive a copy thereof only if the other party states at the outset of the hearing that he is requesting a copy of such stenographic record and agrees to pay one-half (1/2) of the cost thereof. No provision of Article VIII or any other Article of this Agreement shall deprive any employee covered by the terms of this Agreement of any right to which it may be entitled under Section 9(A) of the Labor Management Relations Act of 1947, or any other statute of the United States. In cases involving verbal or written reprimands, a grievance may be filed and processed through Step Three, but may not be submitted to arbitration. The Union has authority to process, abandon, or settle grievances on behalf of employees. The arbitrator may herein determine only one grievance at a time without the express agreement of the Company and the Union. The grievance and arbitration provisions provided for herein, in addition to any other right or obligation under the Agreement, are limited to grievances and claims arising and actually filed in writing during the term of this Agreement. The parties recognize the principle that the Company's action governs until and unless modified by an arbitration award which is in conformity with the provisions of this Agreement, and that the Union may not, and will not, apply to any court for interim relief of any kind pending such an arbitrator's award. In any case involving discharge or a disciplinary suspension, a grievance may be filed in Step Three, but shall have power only to apply & interpret the provisions of this Agreement to the settlement of issues and grievances arising hereunder. 3. The decision of the arbitrator shall grievance must be submitted in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted within twenty no later than three (203) working days following the close notice of the hearing action, or the submission action becomes final. In cases involving written discipline up to and including discharge, a copy of briefs by the parties, whichever is later, unless action notice will be given to the employee involved and a copy furnished to the on-site committeeman. The parties agree to an extension thereoffollow each of the foregoing steps in the processing of a grievance and, if in any step the Union fails to proceed within the time limits therein set forth, the grievance shall be considered settled, based on the Company's answer in the last step through which it was processed. The decision parties further agree that if in any step the Company's representative fails to give his written answer within the time limit set forth, the Union may advance the grievance to the next step at the expiration of the arbitrator time limits. All time limitations set forth herein shall be binding on exclusive of Saturdays, Sundays, and holidays. Time limits set forth in Step Four may be extended in writing only by mutual agreement between the parties. 4. Each party shall bear its own cost and expense of the arbitration proceedings excluding the fee of the arbitrator which shall be shared equally by the Board International Representative and the grievant or his/her representativePlant Manager.

Third Step. In the event a grievance has not been satisfactorily resolved at the second step, the aggrieved employee may file, within five (5) workdays of the supervisor's written decision at the second step, a copy of the grievance with the superintendent or designee. Within ten (10) workdays after such written grievance is filed, the aggrieved employee and the superintendent or his/her designee shall meet to resolve the grievance. The superintendent or his/her designee shall file an answer within ten (10) workdays of the third step grievance meeting and communicate it in writing to the employee and the supervisor. If the grievance is not resolved satisfactorily in the second stepat step three, there shall be available a third step of impartial fourth and final step. Within ten (10) workdays, the Union and the employee may submit the grievance in writing to binding arbitration. The grievant and the Association shall meet within five (5) working days of disposition An employee may submit a grievance to arbitration only with approval of the grievance Union. Within ten (10) workdays of written notice to discuss the merits of submitting submit the grievance to arbitration, the superintendent or superintendent designee and the Union representative shall meet and attempt to agree on a mutually acceptable arbitrator and shall obtain a commitment from said arbitrator to serve. If the Association determines that parties are unable to agree upon an arbitrator or to obtain a commitment from the grievance is meritorious it may submit the grievance to arbitration within fifteen (l5) working days. If a demand for arbitration is not filed within twenty (20) working days of the second step reply, the grievance shall be deemed settled on the basis of the second step answer. Grievances which have been processed through the preceding steps of this procedure and only such grievances shall be submitted to arbitration as provided here: 1. The Association shall submit, in writingarbitrator, a request to the Board to enter into such arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within five for a list of five (5) working days after said notice is given. If arbitrators will be made to the two parties fail to reach agreement on an arbitrator within five 5) working days, the Federal Mediation Conciliation Service shall be requested to provide a panel of seven Public Employee Relations Board (7) arbitrators residing within a 300 mile radius of Mid-Prairie. This Request shall be in the form of a Written communication from the AssociationPERB). Each of the two parties shall will alternately strike one name at a time from that panel. The first strike the list until only one name shall be determined by lotremain. The remaining name shall be the arbitrator. 2. The arbitrator so selected shall confer with the Board or the superintendent and the Union to set the time and date in order to hold hearings promptly. Selection of the hearing site shall occur no later than three (3) days prior to the hearing. The arbitrator shall issue a decision not later than fifteen (15) workdays from the date of the close of the hearings, or, if oral hearings have no power been waived, then from the date the final statements and proofs on the issues are submitted to alterhim/her. The arbitrator's decision shall be in writing and shall set forth findings of fact, changereasoning, detract from or add and conclusions on the provisions of this Agreement, but shall have power only to apply & interpret the provisions of this Agreement to the settlement of issues and grievances arising hereunder. 3submitted. The decision of the arbitrator shall be submitted final and binding on both parties. The arbitrator, in writing and the arbitrator’s opinion, shall set forth his/her findings of factnot amend, reasoning and conclusions on modify, nullify, ignore, or add to the issues submitted within twenty (20) working days following the close provisions of the hearing Agreement. The Arbitrator's authority shall be strictly limited to deciding only the issue or issues presented to the submission of briefs arbitrator in writing, by the partiesBoard and the employee, whichever is later, unless and the parties agree to an extension thereof. The arbitrator's decision must be based solely and only upon the arbitrator’s interpretation of meaning or application of the arbitrator expressed relevant language of the Agreement. Expenses for the arbitrator's services shall be binding on the parties. 4. Each party shall bear its own cost and expense of the arbitration proceedings excluding the fee of the arbitrator which shall be shared borne equally by the Board and the grievant or his/her representativeUnion.

Third Step. If In the grievance event the Union is not resolved satisfactorily in the second stepsatisfied with management’s Second Step answer, there shall be available a third step of impartial binding arbitration. The grievant and the Association shall meet within five (5) working days of disposition an officer of the grievance to discuss the merits of submitting the grievance to arbitration. If the Association determines that the grievance is meritorious it may submit the grievance to arbitration within fifteen (l5) working days. If a demand for arbitration is not filed within twenty (20) working days of the second step replyUnion, the grievance shall be deemed settled on the basis of the second step answer. Grievances which have been processed through the preceding steps of this procedure and only such grievances shall be submitted to arbitration as provided here: 1. The Association shall submitmay, in writing, a request to the Board to enter into such arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the two parties within five (5) working days after said notice is givenreceiving the Second Step answer, notify the Plant Manager and/or his designated representative, in writing, that he wishes to submit the matter for further consideration. At the same time, the Union shall provide a written statement of the contractual reasons the Company’s Second Step answer was not accepted. The Plant Manager, and/or his designated representative will discuss the matter with the Workmen’s Committee and, if the Union requests, an International Union Representative or the President of Local 417 G, at a time to be mutually agreed upon. The Plant Manager and/or his designated representative shall provide a written answer to the grievance within ten (10) working days after the close of the discussions. If the two parties fail answer of the Plant Manager, or his designated representative, does not settle the grievance, the International Representative of the Union may request that the grievance be submitted to reach agreement on an arbitrator impartial arbitrator, providing the grievance is one which does not involve matters in which arbitration is specifically prohibited, under the terms of Article II of this Agreement. The Union must then notify the Plant Manager of that fact, in writing, within five 5thirty (30) working days, days after the date the Third Step answer was rendered. The International Union Representative and the Company shall make written application to the Federal Mediation and Conciliation Service requesting a nine (9) member panel from which the parties shall be requested to provide a panel of seven (7) arbitrators residing within a 300 mile radius of Mid-Prairieselect an arbitrator. This Request shall be in the form of a Written communication from the Association. Each of the two The parties shall alternately strike eight (8) names, one name at a time from that panel. The first strike shall be determined by lottime. The remaining name panelist shall serve as arbitrator. It is understood that, starting with the first arbitration case, following the date of execution of this Agreement, the Union shall strike the first name. Thereafter the determination of which party strikes first will be made by the toss of a coin. Both the Company and the Union shall have the right to reject one entire panel submitted by the Federal Mediation and Conciliation Service. When the arbitrator has been selected, he shall meet for the consideration of the grievance as soon thereafter as is practical. Any such meeting of an arbitrator shall be held in a location the arbitrator. 2parties unanimously decide upon. Any such arbitrator shall decide only the grievance submitted to him, upon testimony presented to him, by the Union and the Company, and shall render his decision in writing. The jurisdiction of the arbitrator shall be limited to a grievance involving the interpretation or application of the specific provisions of this Agreement. Except as otherwise specifically provided in this Agreement, the arbitrator shall have no power to alterchange the wages, changehours, detract from or conditions of employment set forth in this Agreement; he shall have no power to add to, subtract from, or modify any of the terms of this Agreement; he shall deal only with the grievance which occasioned his appointment. He will require that the Union has the burden of establishing its position on behalf of the employee, except in discipline or discharge cases, where the burden will be on management. The parties hereto shall fully comply with the award or decision made by any such arbitrator, and the decision of the arbitrator will be final and binding on both parties. The fee and expenses of the impartial arbitrator shall be borne equally by both parties. The expense of witnesses for either side shall be paid by the party requesting the witness. The total cost of the stenographic record which may be made and all transcripts thereof shall be paid for by the party ordering the same. If a stenographic record is made by either party, the other party shall receive a copy thereof only if the other party states at the outset of the hearing that he is requesting a copy of such stenographic record and agrees to pay one-half (1/2) of the cost thereof. No provision of Article VIII or any other Article of this Agreement shall deprive any employee covered by the terms of this Agreement of any right to which it may be entitled under Section 9(A) of the Labor Management Relations Act of 1947, or any other statute of the United States. In cases involving verbal or written reprimands, a grievance may be filed and processed through Step Three, but may not be submitted to arbitration. The Union has authority to process, abandon, or settle grievances on behalf of employees. The arbitrator may herein determine only one grievance at a time without the express agreement of the Company and the Union. The grievance and arbitration provisions provided for herein, in addition to any other right or obligation under the Agreement, are limited to grievances and claims arising and actually filed in writing during the term of this Agreement. The parties recognize the principle that the Company’s action governs until and unless modified by an arbitration award which is in conformity with the provisions of this Agreement, and that the Union may not, and will not, apply to any court for interim relief of any kind pending such an arbitrator’s award. In any case involving discharge or a disciplinary suspension, a grievance may be filed in Step Three, but shall have power only to apply & interpret the provisions of this Agreement to the settlement of issues and grievances arising hereunder. 3. The decision of the arbitrator shall grievance must be submitted in writing and shall set forth his/her findings of fact, reasoning and conclusions on the issues submitted within twenty no later than three (203) working days following the close notice of the hearing action, or the submission action becomes final. In cases involving written discipline up to and including discharge, a copy of briefs by the parties, whichever is later, unless action notice will be given to the employee involved and a copy furnished to the on-site committeeman. The parties agree to an extension thereoffollow each of the foregoing steps in the processing of a grievance and, if in any step the Union fails to proceed within the time limits therein set forth, the grievance shall be considered settled, based on the Company’s answer in the last step through which it was processed. The decision parties further agree that if in any step the Company’s representative fails to give his written answer within the time limit set forth, the Union may advance the grievance to the next step at the expiration of the arbitrator time limits. All time limitations set forth herein shall be binding on exclusive of Saturdays, Sundays, and holidays. Time limits set forth in Step Four may be extended in writing only by mutual agreement between the parties. 4. Each party shall bear its own cost and expense of the arbitration proceedings excluding the fee of the arbitrator which shall be shared equally by the Board International Representative and the grievant or his/her representativePlant Manager.