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The tem Local Working Conditions as used in this Section means specific practices or customs which reflect detailed applications of matters within the scope of wages, hours of work or other conditions of employment, including local agreements, written or oral, on such matters. It is recognized that it is impracticable to set forth in this Agreement all of these working conditions, which are of a local nature only, or to state specifically in this Agreement which of these matters should be changed or eliminated (Change or Changed). The provisions set forth below provide general principles and procedures which explain the status of these matters and furnish necessary guideposts. Any arbitration arising under this Section shall be handled on a case-bycase basis on principles of reasonableness and equity. 2. Deprivation of Benefits In no case shall Local Working Conditions deprive an Employee of rights under this Agreement and the conditions shall be Changed to provide the benefits established by this Agreement. 3. Benefits in Excess Should there be any Local Working Conditions in effect which provide benefits that are in excess of, or in addition to, but not in conflict with benefits established by this Agreement, they shall remain in effect for the tem of this Agreement, except as they are Changed in accordance with Paragraph 4 below. 4. Right to Change The Company shall have the right to Change any Local Working Condition if the basis for the existence of the Local Working Condition is Changed, thereby making it inappropriate to continue such Local Working Condition; provided, however, that the Change shall be reasonable and equitable. 5. Modification of Agreement No Local Working Condition shall be established/or continued which conflicts with any provision of this Agreement. 6. Additional Requirements As of the Effective Date, all future Local Working Conditions must be reduced to writing and signed by the Plant Manager and the Local Union President/Unit Chair. |
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Section B. New or Changed Jobs 1. At each location covered by this Agreement, the Union shall designate up to two (2) individuals to serve on aJob Evaluation Committee. The Committee shall be provided with paid time off in accordance with standard local plant understandings to conduct its business as described in this Section. 2. In the event the Company chooses to modify the duties of an existing job or create a new job, it shall follow the procedure outlined below. |
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3. The Company shall meet with the Job Evaluation Committee and present it with a written description of how it intends to modify an existing job or a complete description of a proposed new job. The description shall include: a. the requirements of such new or modified job in the areas of training, skill, responsibility, effort and surroundings (Requirements); b. the Company's view as to how these Requirements compare to the Requirements for existing jobs at the plant; and c. based on Paragraphs (a) and (b) above, at what rate the Company believes the job should be paid. 4. The Job Evaluation Committee shall be provided with any additional information requested in connection with its assessment of the new or modified job. 5. H the parties are unable to agree upon the appropriate duties and rate of pay for the new or modified job, they shall submit their dispute to arbitration using a procedure to be developed by the parties. 6. The arbitrator shall base his/her decision on the Requirements of the new or modified job and how those Requirements compare to the Requirements for the existing jobs at the plant and other plants of the Company. |
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Section C. Hours of Work 1. Normal Workday and Work Week a. The normal workday shall be any regularly scheduled consecutive twentyfour (24) hour period comprising eight (8) consecutive hours of work and sixteen (16) consecutive hours of rest. The normal work week shall be five (5) consecutive workdays beginning on the first day of any seven (7) consecutive day period. The seven (7) consecutive day period is a period of 168 consecutive hours and may begin on any day of the calendar week and extend into the next calendar week. On shift changes, the 168 consecutive hours may become 152 consecutive hours depending upon the change in the shift. . b. Schedules showing Employees' workdays shall be posted or otherwise made known to Employees not later than 2:00 p.m. Friday of the week preceding the calendar week in which the schedule becomes effective. The Company will establish a procedure affording any Employee whose last scheduled turn ends prior to the posting of his/her schedule for the following week an opportunity to obtain information relating to his/her next scheduled turn. This procedure will also be applicable with respect to Employees returning from vacation. c. Employees shall be paid for all shifts which are part of their originally posted schedule. d. All shifts not included on the originally posted schedule shall be considered overtime shifts. |
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2. Absenteeism a. It is expected that Employees shall adhere to their prescribed schedule. When an Employee must be absent from work, s/he shall, as promptly as possible, contact the designated person and provide the pertinent facts and when the Employee expects to return to work. b. Reasonable rules for the implementation of these principles shall be developed by the Company and made known to Employees. Such rules will not deprive any Employee of any rights otherwise provided by this Agreement and shall be reasonably applied. 3. Overtime a. The parties recognize that schedules that regularly require a substantial level of overtime are undesirable and should be avoided where possible. b. Where local practices or agreements with respect to the distribution of overtime do not presently exist, the Company and the Local Union Grievance Committee shall promptly conclude an agreement providing for the most equitable overtime distribution consistent with the efficiency of the operation. c. The Company will consider an Employee's request to be excused from overtime work and shall accommodate those requests which are practicable and reasonable under the circumstances. 4. Full Week Guarantee An Employee scheduled to work will receive, during a payroll week, an opportunity to earn at least forty (40) hours of pay (including hours paid for but not worked, work opportunities declined by the Employee, disciplinary time off, absenteeism and report-off time for Union business, but excluding overtime pay and premium pay). An Employee on an approved leave of absence or disability during any payroll week shall be considered as having been provided the opportunity for this guarantee during any such week, it being understood that the pay, if any, that such an Employee is entitled to receive while on approved leave of absence or disability is that provided by applicable law or the Agreement, not the earning opportunity set forth in this Paragraph. 5. Full Day Guarantee An Employee required to report to work shall be paid for the greater of (a) eight (8) hours or (b) the hours actually worked, except as provided in other Sections of this Agreement or in cases where the Employee works less than eight (8) hours or the actual hours scheduled, as a result of the Employee voluntarily leaving work. 6. Alternative Work Schedule |
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The Company may adopt alternative work schedules consisting of ten (10) or twelve (12) hour per day scheduling with the approval of the Local Union President/Unit Chair and the Grievance Chair and sixty percent (60%) of the Employees who are impacted by the alternative schedule. |
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Approval of an alternative work schedule may be revoked at any time more than six (6) months after its implementation by a simple majority vote of the Employees who are impacted by that schedule. Following such revocation, the Company shall immediately reinstate a normal schedule. |
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1. Definitions a. The payroll week shall consist of seven (7) consecutive days beginning at 12:01 a.m. Sunday or at the changing hour nearest to that time. b. The workday for the purposes of this Section is the twenty-four (24) hour period beginning with the time the Employee is scheduled to begin work c. The Regular Rate of Pay as used in Paragraph 2 below (and in this Agreement) shall mean the Base Rate of Pay plus incentive earnings for the job on which the overtime hours are worked. 2. Conditions Under Which Overtime Rates Shall Be Paid Unless worked pursuant to an agreed upon Alternative Work Schedule, overtime at the rate of one-and-one-half times the Regular Rate of Pay shall be paid for: a. hours worked in excess of eight (8) hours in a workday; b. hours worked in excess of forty (40) hours in a payroll week; c. hours worked on the sixth or seventh workday of a seven (7) day period during which five (5) days were worked, whether or not all such days fall within a single payroll week; and d. hours worked on a second reporting in the same workday where the Employee has been recalled or required to report to work after working eight (8) hours. 3. Holidays Recognized holidays, whether or not worked, shall be counted as a day worked in determining overtime; however, worked holidays shall only be paid as specified in Article Ten, Section A (Holidays). 4. Non-Duplication of Overtime Overtime shall not be duplicated by using the same hours paid at overtime rates more than once for the purpose of calculating overtime payments. |
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Section E. Seniority 1. Seniority Status of Employees a. The parties recognize that promotional and other in-plant opportunities and job security should increase in proportion to length of continuous service and that the fullest practicable consideration shall be given to continuous service in such cases. |
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b. Continuous Service, as defined by Paragraph 3(a) below, shall be used for all purposes under all labor and benefits agreements, unless explicitly provided otherwise; provided, however, that accumulation in excess of two (2) years during a period of layoff shall be counted only for purposes of this Section, including local agreements thereunder. c. In all cases of promotions, decreases in force and recalls after layoffs, the following factors shall be considered: (1) ability to perform the work and physical fitness; and (2) Plant Continuous Service (Plant Service). Where factor (1) is relatively equal, Plant Service shall be the determining factor. 2. Determination of Seniority Units a. Seniority shall be applied on a job and departmental or larger unit basis, as agreed upon. A job may be in one seniority unit for one purpose and in a different unit for another. b. The seniority units, lines of progression, departments and rules for the application of seniority factors in effect as of the Effective Date shall remain in effect unless modified by a local written agreement signed by the Grievance Chair. c. Local seniority agreements-shall provide that the opportunity to receive training necessary for promotions and all promotions (including stepups), decreases in forces (including demotions and layoffs), recalls after layoff and other practices affected by seniority shall be in accordance with Plant Service; provided that (1) demotions, layoffs and other reductions in force shall be made in descending job sequence order, starting with the highest affected job and with the Employee on such job having the least length of Plant Service and (2) the sequence on a recall shall be made in the reverse order so that the same Employees return to jobs in the same positions relative to one another that existed prior to the layoff. 3. Continuous Service a. Continuous Service shall be determined by the Employee's first employment or reemployment following a break in continuous service in any facility of the Company covered by this Agreement. (1) Employees Who Were Employees of Any Predecessor Company Continuous Service for Employees who were employees (within the meaning of the relevant basic labor agreement with the Union) of any predecessor company (a USWA represented company some or all of whose assets are or were acquired by the Company) will be the length of time measured tom the Employee's continuous service date under that predecessor company's basic labor agreement subject to the employee's eligibility dates agreed to by the parties, except as otherwise provided by this Agreement or other agreements between the parties. |
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(2) All Other Employees Continuous Service for all other Employees will be the length of time measured from the Employee's first date of employment with the Company. b. Company Continuous Service shall be the length of time measured from the Employee's first date of employment or reemployment following a break in continuous service with the Company. c. Plant Service shall be the length of time measured from the Employee's first date of employment or reemployment following a break in continuous service in his/her plant. d. Continuous Service (including Company Continuous Service and Plant Service) shall only be broken if an Employee: (1) quits; (2) retires; (3) is discharged for cause; (4) if on layoff, fails to report to the Employment Office within ten (10) days of registered mail notice; (5) is absent because of layoff (including a layoff due to a permanent closure) or non-occupational physical disability for a period longer than the lesser of his/her length of Continuous Service at the commencement of such absence or five (5) years; or (6) is absent due to a compensable disability incurred during the course of employment and does not return to work within thirty (30) days after final payment of statutory compensation for the disability or after the end of the period used to calculate a lump sum payment. H the seniority of an Employee does not permit a . return to work, the Employee will be placed on layoff and any break will be determined under Paragraph 5 above. 4. Probationary Employees a. New Employees hired after the Effective Date of this Agreement will serve a probationary period for the first 1,040 hours of actual work and will receive no Continuous Service credit during such period. Probationary Employees shall have access to the grievance procedure but may be laid off or discharged as exclusively determined by the Company; provided that such layoff or discharge may not violate Article Four, Section A (NonDiscrimination) . b. Probationary Employees who continue in the service of the Company beyond the first 1,040 hours of actual work shall receive full Continuous Service credit from their original date of hire. c. Where a probationary Employee is laid off and is subsequently rehired within one (1) year from the date of such layoff, the hours of actual work accumulated during the first employment shall be added to the hours of actual work accumulated during the second employment in determining when the Employee has completed 1,040 hours of actual work; provided, however, that his/her Continuous Service date will be the date of hire of the second hiring |
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5. Interplant and Intraplant Transfers It is recognized that conflicting seniority claims among Employees may arise when plant or department facilities are created, expanded, added, merged or discontinued. In the event the local parties are unable to resolve such conflicts, the International . Union and the Company may reach such agreements as they deem appropriate, irrespective of existing seniority agreements, or submit the matter to arbitration. 6. Temporary Vacancies a. In cases of temporary vacancies involving assignments within a seniority unit, the Company shall to the greatest degree, consistent with efficiency of the operation and the safety of Employees, and the progression sequence, offer that assignment to the Employee in the unit with the longest Plant Service who desires the assignment. b. In case of a permanent vacancy on a job, the assignment of a junior Employee to a temporary vacancy on such job shall not be used as a presumption of creating greater ability in favor of such junior Employee if such temporary vacancy should have been made available to the senior Employee. 7. Posting of Job Openings a. When a permanent vacancy develops or is expected to develop, it shall be brought to the attention of all affected or potentially affected Employees in a manner which insures adequate notice. b. Employees in the seniority unit who wish to apply for the vacancy or expected vacancy may do so in writing in accordance with reasonable rules developed by the Company. c. The notice requirement in Paragraph 7 (a) above shall also apply to inform Employees of the Company's choice to fill the vacancy. 8. Seniority Status of Grievance Committee Members and Local Union Officers When a decrease of force is effected, the Local Union President/Unit Chair, Vice President and the members of the Grievance Committee shall, if they would otherwise be laid off, be retained at the lowest rated job in the unit that they represent. The intent of this provision is to retain in active employment individuals who can provide continuity in the administration of the Agreement; provided that an individual shall not be retained in employment unless work which s/he can perform is available. 9. Administration of Seniority a. The seniority standings of Employees in a given department shall be kept on file in that department and the Local Union. Zone Grievance Committeeman or Grievance Chair shall have access to the file in connection with any grievances. |
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b. The Company shall post in each department, on a bulletin board maintained for that purpose, the Plant Service date of all Employees in that department. 10. Permanent Vacancies and Transfer Rights . ( a. An Employee who is assigned to a job for purposes of retention shall not be able to effectuate a permanent transfer to that unit by refusing a recall to his/her home unit. However, nothing contained herein shall preclude such an Employee from effectuating a permanent transfer by bidding for a permanent vacancy in such a unit or any other unit in accordance with established procedures. b. A permanent vacancy shall be filled from within the first step of competition (whether it be unit, line of progression, etc.). Each succeeding vacancy shall be filled in the same manner, and the resulting vacancy in the entry level job shall thereafter be filled on a departmental basis (the second step of competition) by Employees with at least six (6) months of Plant Service on the date the vacancy is posted. c. Resulting entry level departmental vacancies shall be filled on a plant-wide basis (the third step of competition) by Employees with at least twelve (12) months of Plant Service on the date the vacancy is posted. An Employee transferring under Article Eight, Section D (Interplant Job Opportunities) shall be eligible to bid on vacancies notwithstanding the twelve (12) months of Plant Service requirement set forth in Paragraph 10(b) above. d. As an exception to the procedures for filling vacancies provided for in Paragraphs l0(b) and (c) above, all permanent vacancies in craft trainee jobs shall be filled on a plant-wide basis from among qualified bidding Employees. Similarly, permanent vacancies in craft jobs which are not filled by the promotion or assignment of trainee graduates, or by the transfer of a craft Employee from one unit to another within the same trade or craft, shall be filled on a plant-wide basis from among qualified bidding Employees. An Employee shall not be disqualified from bidding on any such vacancy by reason of any minimum length of service requirement. e. Should the Company deem it necessary to retain an Employee on his/her former job in order to continue efficient operation, it may do so, for a maximum of sixty (60) days, on the basis of establishing such Employee on the new job and temporarily assigning him/her to his/her former job until a suitable replacement can be trained for the job or its performance is no longer required. In such event, after two (2) weeks of being delayed the Employee shall be entitled to earnings not less than what s/he would have made had s/he been working on the new job on which s/he has been established and, where applicable, shall be paid as though such hours were credited to any trainee program. f. H an Employee accepts transfer under this Paragraph, his/her Continuous Service in the unit from which ~s/he transfers will be canceled thirty (30) days after such transfer; provided, however, that during such thirty (30) |
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day period the Employee may voluntarily return to the unit from which s/he transferred or the Company may return him/her to that unit because s/he cannot fulfill the requirements of the job or the need for the position is deemed not necessary within thirty (30) days of the date of transfer. g. In the event an Employee accepts transfer under Paragraph 10 and remains on the new job for more than thirty (30) days, s/he may not again apply for transfer for one (1) year after such transfer. h. In the event an Employee refuses a transfer under Paragraph 10 after applying there for, or voluntarily returns to the unit from which s/he transferred, s/he may not again apply for transfer to such unit for one (1) year after such event. 11. Compensation for Improper Layoff or Recall In the event of improper layoff or failure to recall an Employee in accordance with his/her seniority rights, the Employee shall be made whole for the period during which s/he is entitled to retroactivity. |
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1. Where tests are used as an aid in making pre-selection determinations of the ability to perform the work, such a test must in all events be: a. job related; b. in accordance with Article Four, Section A (Non-Discrimination); c. uniformly applied within each respective plant; and d. based on the passing grade that is required to determine ability to perform the work. 2. A job related test, whether oral, written or in the form of an actual work demonstration, is one which measures whether an Employee can satisfactorily meet the specific requirements of that job including the ability to absorb any training which may necessarily be provided in connection with that job. 3. Testing procedures shall in all cases include notification to an Employee of any deficiencies and an offer to counsel how to overcome the deficiencies. 4. Where, in accordance with this Agreement, a test is used by the Company as an aid in making a determination of the Employee's ability to perform the work and where the use of the test is challenged in the grievance procedure, the following shall pertain: |
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a. The Company will furnish to a designated representative of the International Union either the test itself or examples of test questions, certified by a testing agency as equivalent in any relevant respects to questions used in the disputed test and sufficient in number to evaluate the test, and all such background and related materials as may be relevant and available. In cases where all or part of the test is non-written, a complete description of the test shall be provided along with all such background and related materials as may be relevant and available. |
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b. All such test questions and materials will be held in strictest confidence -and will not be copied or disclosed to any other person; provided that such test questions and materials may be disclosed to an expert in the testing field for the purpose of preparing the Union's position in the grievance procedure and to an arbitrator, if the case proceeds to that step. All test questions and materials will be returned to the Company following resolution of the dispute. c. Copies of transcripts and exhibits presented in the arbitration of cases involving the challenge to a test will also be held in confidence and will not be copied or otherwise published. |
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1. Before the Company decides to permanently close or discontinue a plant, department or substantial portion thereof (a Closure), it shall give the Union advance written notice at least ninety (90) days prior to the proposed Closure date. Along with such notice, the Company shall provide the Union with a detailed statement of the reasons for the proposed action, all information on which the decision is based and how and where the work which was performed at the closed unit will be performed. 2. Thereafter, the Company will meet with appropriate Union representatives in order to provide them with an opportunity to discuss the Company's proposed course of action, provide the Union with any additional requested information and bargain in good faith over any suggested alternatives. 3. No less than thirty (30) days prior to the Closure date, the Company shall advise the Union of its final decision, which decision shall be the exclusive function of the Company. 4. Any Employee affected by a Closure shall, after exercising any rights to which s/he may be entitled, be placed on layoff in accordance with this Agreement. |
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Section H. Manning of New Facilities 1. In the manning of jobs at new facilities in existing plants, the jobs shall be filled by qualified Employees who apply for such jobs in the order of length of Plant Service from the following categories in the following order but subject to the other provisions of this Section: a. Employees displaced from any facility being replaced in the plant by the new facilities; b. Employees otherwise displaced as a result of the installation of the new facilities; c. Employees presently employed on like facilities in the plant; d. Employees presently on layoff from like facilities in the plant; and e. Employees in the plant with two (2) or more years of Plant Service; provided, that if sufficient qualified applicants from this source are not available, the Company shall fill the remaining vacancies as it deems appropriate. |
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2. The local parties shall meet to seek agreement on the standards to be used to determine the qualifications entitling Employees otherwise eligible to be assigned to the jobs in question. 3. Should the local parties fail to agree on the standards for determining qualifications, an applicant otherwise eligible must have: a. the necessary reasonable qualifications for performing the job or the ability to obtain such qualifications with a reasonable amount of training, such training to be provided by the Company; b. the ability to absorb any additional training for the job as is necessary to enable the Employee to perform the job satisfactorily; and c. the necessary qualifications to progress in the promotional sequence involved to the next higher. job to the extent that the Company needs Employees for such progression. In determining the necessary qualifications to advance in the promotional sequence involved, the normal experience that an Employee would acquire in such sequence shall be taken into consideration; provided, however, it is recognized that the Company can require that a sufficient number of occupants of each job in a promotional sequence be available to assure an adequate number of qualified replacements for the next higher job. 4. Should the Company deem it necessary to assign an Employee to his/her regular job at the old facility in order to continue its efficient operation, it may do so, for a maximum of sixty (60) days, on the basis of establishing the Employee on the new job and then temporarily. assigning him/her back to his/her former job until a suitable replacement can be trained for the job or its performance is no longer required. In such event, the Employee shall be entitled to earnings not less than what s/he would have made had s/he been working on the new job. |
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Section I. Adjustment of Grievances 1. Purpose Should any differences arise between the Company and the Union as to the interpretation or application of, or compliance with, the provisions of this or any other Agreement between the Company and the Union, prompt and earnest efforts shall be made to settle them under the following provisions. 2. Definitions a. Grievance shall mean a complaint by the Union which involves the interpretation or application of, or compliance with, the provisions of this or any other Agreement between the Company and the Union. b. Day as used in this Section shall mean a calendar day, excluding Saturdays, Sundays and holidays. 3. Grievance Procedure An Employee may informally discuss a complaint with his/her supervisor, with or without his/her Grievance Committeeman (Griever) being present. However, if the Employee wishes to use this grievance procedure, s/he shall report the matter to his/her |
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Griever, who must refer it to Step 1 of the grievance procedure by completing a grievance form and submitting it to the Employee's supervisor within thirty (30) days of the date on which the Employee first knew or should have known of the facts which gave rise to the grievance. The grievance form shall be signed by the Griever and the Employee. The supervisor shall sign and date the grievance form and return a completed copy to the Griever. a. Step 1 - Oral (1) A grievance received in Step 1 shall be discussed at a meeting with the Grievance Committeeman from the area and/or the Griever, the grievant and the grievant's supervisor at a mutually convenient time within five (5) days of receipt of the grievance form. Management may call any non-represented employee as a witness to provide testimony and/or evidence to the meeting. The Union may call any USWA represented Employee as a witness to provide testimony and/or evidence to the meeting. (2) The supervisor shall answer the grievance no later than three (3) days after the Step 1 hearing. H settled in Step 1, the grievance form shall be so noted and signed and dated by the Griever, the Grievance Committeeman and the grievant's supervisor. (3) H not settled or withdrawn in Step 1, the Union shall, within five (5) days of the Company's Step 1 response, provide the Company with a written record, signed by the Grievance Committeeman, of the grievance, including the grievance number, a statement of the grievance, the Union's understanding of the facts, its position and the reasons there for, the remedy requested and the date submitted. (4) Upon receipt, the Company shall, within three (3) days, provide the Grievance Committeeman and the Chair of the Union's Grievance Committee (the Grievance Chair) with its version of the written record of the grievance, signed by the Company, with the same set of information required of the Union. These two (2) completed forms shall comprise the Step 1 written record. b. Step 2 - Written (1) In order to be considered further, a grievance shall be appealed by the Grievance Chair to the head of the grievant's department within five (5) days of receipt of the Step 1 written record. (2) Such grievance shall be discussed within five (5) days at a meeting with the grievant, the involved Grievance Committeeman, the Grievance Chair, the grievant's supervisor and the involved department head. Management may call any non-represented employee as a witness to provide testimony and/or evidence to the meeting. The Union may call any USWA represented Employee as a witness to provide testimony and/or evidence to the meeting. |
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(3) In Bargaining Unit Work or safety grievances, a representative of the relevant committee shall also be present. (4) The department head shall provide the Grievance Chair with a written response (the Step 2 Answer) to the grievance within three (3) days of the Step 2 meeting. (5) Unless the Grievance Chair informs the department head in writing that the grievance is settled or withdrawn on the basis of the Step 2 Answer, the Company shall, within five (5) days of providing the Step 2 Answer, provide the Grievance Chair with Step 2 minutes for the grievance which shall include: the date and place of the meeting; names and positions of those present; the number and description of the grievance discussed; background information and facts; a statement of the Union's position as understood by the Company; and a statement of the Company's position including its response to all claims, points of evidence, testimony and arguments presented by the Union as well as Company testimony and evidence, including past grievances and/or arbitration awards and the decision reached. (6) IT the Grievance Chair disagrees with the accuracy of the minutes, s/he shall submit a signed written response to the Company within five (5) days of the receipt of the Step 2 minutes. (7) The Company shall send a copy of its version of the Step 2 minutes and any Union response to the designated representative of the International Union (the International Rep) and the Grievance Chair immediately upon its receipt of the Union response. c. Step 3 - Written (1) The International Rep shall send a written appeal of a Step 2 Answer to the Plant General Manager (the Company Step 3 Rep) within five (5) days of the receipt of the Step 2 Minutes. (2) The International Rep, the Grievance Chair and the (Company Step 3 Rep) shall meet at a mutually acceptable time within ten (10) days of the Company's receipt of the International Rep's appeal. (3) Grievances discussed at such meeting shall be answered in writing and sent to the International Rep within five (5) days after such meeting. (4) The International Rep may appeal a grievance to arbitration by sending a written notice to the Board of Arbitration and the Company Step 3 Rep within ten (10) days of the Union's receipt of the Step 3 written answer. 4. General Provisions a. The Company shall provide reasonable forms for filing and appealing grievances and documenting the Step 1 and Step 2 written records. |
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b. The Company and the Union shall provide each other with updated written lists of their Step 1, Step 2 and Step 3 representatives and their designees who shall have the authority to settle grievances at their ,respective steps and, for the grieving party, to withdraw or appeal such grievances. c. At each Step of the grievance procedure the parties shall provide a full and detailed statement of the facts and provisions of the Agreement relied upon and the grieving party shall provide the remedy sought. Facts, provisions or remedies not disclosed at or prior to Step 3 of the grievance procedure may not be presented in arbitration. d. The settlement or withdrawal of a grievance prior to arbitration shall be without precedent or prejudice to either party's position. e. Any grievance filed directly in Step 2 or higher shall be initiated within thirty (30) days of the event upon which the grievance is based, or the date on which such event should reasonably have become known. f. Except as otherwise provided in the BLA, all grievances shall be initiated at Step 1 and grievances which are not initiated in the proper step shall be referred there for processing. g. A single grievance may be processed with the facts of additional violations presented as well. Additional claimants shall sign a special form to be supplied by the Company for this purpose. When the original grievance is resolved the additional claims shall be reviewed in light of the resolved grievance. H the additional claims are not settled, they shall be considered as grievances and processed accordingly.
h. In the case of a grievance that involves a large group of Employees,
a reasonable number may participate in
any discussion of the grievance. (30) days will accrue interest from the date of settlement at the same rate as established at the local Federal Credit Union. j. If for any reason, the time limits specified in Paragraph 3 above for: (1) meetings between the parties are not met, the grievance shall be considered denied as of the last day within the time limit for such meeting and the appropriate Union representative shall have the right to move the grievance to the next step; (2) the Union to act are not met, the grievance shall be considered withdrawn; or (3) the Company to act are not met, then the grievance shall be considered granted with the requested appropriate contractual remedy to the grieving party. k. An Employee who is summoned to meet with a supervisor or any other representative of the Company for the purpose of discussing possible disciplinary action shall be entitled to be accompanied by his/her Griever and if the Griever is not then available, the meeting shall be deferred. |
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1. No Employee shall be required to submit to a lie detector test. The results of lie detector tests will not be used by the Company or the Union. m. Notwithstanding anything to the contrary, the grievance procedure may be utilized by the Union with or without an individual grievant. Such grievances shall be filed in Step 2. n. In the event an Employee dies, the Union may process hislher grievance on behalf of his/her heirs. o. The Chair of the Union Negotiating Committee, the District Director and the International Rep shall have access to the plant at reasonable times to investigate issues with which they are concerned. p. The Company will pay for all lost time for the grievant and the designated Union representative for participation in Steps 1, 2 and 3 of the grievance procedure in accordance with standard local plant understandings. 5. Grievance Committee a. The Union shall provide the Company with an updated written list of individuals who comprise its Grievance Committee, including a chair and a secretary. The number of members of the Committee at each Plant shall be agreed upon by the Plant Manager and the Local Union President/Unit Chair, but in no case shall there be less than three (3) nor more than ten (10) members and no more than one member of the Committee shall be from anyone department (excluding the Grievance Chair). Committee members will be afforded time off upon reasonable notice and approval to: |
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(1) attend scheduled committee meetings; (2) attend meetings pertaining to suspension or discharge or other matters which cannot reasonably be delayed; and (3) visit departments at reasonable times for the purpose of transacting the legitimate business of the Grievance Committee after notice to the head of the department to be visited and after reasonably granted permission from his/her own department head if the Grievance Committee member is at work. b. Where the Grievance Committee so decides, the Griever may be designated to aid the Committee. The Union shall provide the Company with an updated written list of such individuals. Each Griever shall: (1) be limited to the handling of grievances in Step 1 within the plant unit represented by him/her; and (2) upon reasonable notice to and reasonable approval by his/her immediate supervisor, be afforded time off to investigate the facts
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