ARTICLE XV - Arbitration
Par. 1. Any difference or dispute regarding the application
and construction of this Agreement, shall be referred to as
a "grievance" and shall be resolved under the following
procedure. Both parties commit to making an earnest effort to
resolve differences in accordance with the procedure outlined
below:
Par. 2. Oral Step. Any employee, local union, or the Employer
with a grievance (hereinafter called the "grievant"),
shall discuss the grievance with the designated Employer Representative
(or Local Union Business Representative) within ten (10) working
days after the cause of the grievance is known or should reasonably
have been known. The Employer shall designate to each local
union the Employer's Representative(s) for the purpose of responding
to grievances at this step. If the grievance is initiated by
an employee, the Local Business Representative shall be present
during the discussion.
Within three (3) working days after the above discussion, the
Employer's Representative shall notify the employee and the
Local Union Business Representative of his disposition of the
matter.
The Local Business Representative shall similarly respond to
the Employer's grievance.
Par. 3. Written Step One. If the issue remains unresolved after
the conclusion of the Oral Step, the grievant, within ten (10)
working days of the conclusion of the Oral Step, may submit
in writing on provided forms a brief statement of the grievance,
including the Article and paragraph of the Agreement allegedly
violated (if known), and the remedy requested.
Within fifteen (15) working days after the written grievance
is received by the Employer (or the Union), a meeting will be
held to discuss the grievance. The Employer shall be represented
by the Regional Field Manager, Field Employee Relations or his
designee and the designated Employer Representative described
in Paragraph 2. The union shall be represented by the IUEC Regional
Director or other Representative designated by the General President
and the Local Business Representative described in Paragraph
2.
At the meeting (or any continuation thereof agreed to by the
parties) the Employer (or the Union) shall give its written
answer to the grievance on the provided form. Within ten (10)
working days of that disposition, the Employer or the Union
shall indicate on the grievance form whether it appeals therefrom.
If the grievance disposition is not appealed, it shall be final
and binding on all parties.
Par. 4 Written Step Two. If the grievance is appealed it shall
be placed on the agenda of a scheduled meeting of the National
Arbitration Committee. The Employer shall be represented by
the Director, Labor Relations or his designee and a panel of
two (2) additional Employer Representatives. The Union shall
be represented by the General President or his designee and
two (2) additional representatives.
The National Arbitration Committee shall meet once per calendar
quarter. Each party shall submit an agenda not less than seven
(7) working days prior to the meeting.
The Director Labor Relations or his designee (or the General
President, IUEC or his designee) shall render a disposition
of the grievance in writing at the National Arbitration Committee
Meeting. If the grievance disposition is accepted, it shall
be final and binding on all parties.
Par. 5. Impartial Arbitration. If the grievance is not settled
by the National Arbitration Committee, the Union or the Employer,
within fifteen (15) working days of the Employer's (or Union's)
disposition as outlined in Paragraph 4, may appeal the grievance
to impartial arbitration. Such appeal shall take the form of
a letter to the Director of Labor Relations (or the General
President, IUEC).
Par. 6. The parties shall mutually agree upon the selection
of an impartial arbitrator. If, within fifteen (15) days, the
parties are unable to agree on the person to be selected as
arbitrator, the parties shall jointly request to submit the
matter to arbitration conducted in accordance with the Labor
Arbitration Rules and Procedures of the American Arbitration
Association and by an arbitrator who is a member of the National
Academy of Arbitrators.
The arbitrator shall render his decision immediately upon the
close of the record if the parties mutually agree otherwise
the decision shall be rendered within thirty (30) days of the
close of the record or the receipt of the briefs if the parties
desire to file briefs. In an arbitration, either party may rely
upon Articles in the Agreement other than those set forth in
the original grievance form. The decision of the impartial arbitrator
shall be final and binding on all parties.
Par. 7. It is understood that the arbitrator does not have
the authority to add to, subtract from or modify in any way
the provisions of this Agreement.
Par. 8. Grievances of the Union or the Employer shall originate
at Written Step Two by submission to the Director of Labor Relations
(or the General President, IUEC). The grievance of an IUEC Regional
Director shall be filed and processed beginning at Written Step
One of the procedure.
Par. 9. Discharge Grievances Expedited Impartial Arbitration.
Recognizing the special nature of cases involving the discharge
of an employee, the parties agree that such case(s) shall be
handled as follows:
(a) Any discharge grievance not resolved at the Written Step
One meeting may immediately be referred by either party to the
Director of Labor Relations or his designee and the General
President, Union or his designee for their immediate review
and discussion. Such grievance need not wait to be placed on
the agenda of the scheduled National Arbitration Committee,
but rather shall be discussed, either in person or by telephone,
by the parties within ten (10) working days of the referral
from Written Step One. The parties shall make an earnest effort
to resolve their differences at this meeting, but failing such
agreement, either party may request immediate, expedited impartial
arbitration.
(b) Within ten (10) working days of a request for impartial
arbitration by either party, the parties shall mutually agree
upon the selection of an impartial arbitrator who shall be obliged
to schedule a hearing at the earliest possible available date
on his/her schedule where both parties are available to present
their respective cases. The arbitrator shall hear the case.
Post hearing briefs must be submitted within two (2) weeks of
the conclusion of the hearing. The arbitrator shall render the
award within two (2) weeks of the submission of briefs. Post
hearing briefs may be waived by mutual agreement of the parties.
Par. 10. Compensation and expenses of the arbitrator shall
be shared equally between the Employer and the Union.
Par. 11. Any of the time limits contained herein may be mutually
extended by the representatives of the parties. Failure to appeal
the grievance within the time limits described above without
mutual agreement shall be considered an abandonment of the grievance.
If a grievance is not dispositioned within the above time limits.
it shall be immediately processed to the next step of the procedure.
