Step Three - Review Committee
The Review Committee shall be composed as
follows:
Local Union Representatives:
– Two (2) Representatives appointed by the
Business Manager including the Business
Manager, Senior Assistant Business Manager,
and Officers of Local Union 15.
Line Management Representatives:
– One (1) Executive Level Operational Manager
representing the Business Unit in which the
grievance originated. If titles change, the
appropriate level will remain the same or
higher.
Labor Relations/Human Resources:
– One (1) Labor Relations/Employee Relations
Vice President or designee
Both parties recognize the importance of
maintaining stability in the composition of the
Review Committee. Members of the Review
Committee shall strive toward achieving this
objective when scheduling Step 3 meetings.
Review Committee Procedure
The Review Committee shall meet to consider the
grievance at its second next regularly scheduled
meeting after receiving the referral.
An agreed to Joint Position Summary by the
Company and Local Union representatives of the
discussion held at this step of the grievance
procedure and a statement of the issues upon which
they are in agreement, issues still in dispute and the
reasons therefore, and the basis for settlement, if
any advanced by each, shall be prepared and signed
by both parties at the Step 3 grievance meeting.
The Company shall forward to the Local Union an
calendar days of the Step 3 meeting.
Step Four – Arbitration
If the dispute or difference is not satisfactorily
settled by the Review Committee, it shall be
referred, at the request of either party, to an
impartial arbitrator. Such referral must be made
within sixty (60) calendar days from the date of
receipt by the Union of the Step 3 answer.
(a) In the event that an information request
has not been responded to, or otherwise
complied with, within the aforementioned
sixty (60) days, the Local Union and / or
Company shall notify the alleged noncomplying
party in writing and specify
how the party has not complied with the
information request. In such event, the
Local Union shall have fifteen (15)
additional days to refer the matter to an
impartial arbitrator.
The appointment of an impartial arbitrator shall be
made from a list furnished to the parties under the
procedure provided in the Voluntary Labor
Arbitration Rules of the Federal Mediation and
Conciliation Services (FMCS). The list shall
contain the names of 15 arbitrators all of whom are
members of the National Academy of Arbitrators.
The parties agree to confer within ten (10) business
days of receipt of the list of arbitrators from the
Federal Mediation and Conciliation Service. The
parties shall engage in an alternate strike process
until only one (1) arbitrator is remaining and, upon
selection of such arbitrator, shall promptly notify
the Federal Mediation and Conciliation Service of
his / her selection. The parties shall alternate the
initiation of the strike process. When the
appointment of an impartial arbitrator is made
under such rules, the arbitration shall be conducted
under the Voluntary Labor Arbitration Rules of the
Federal Mediation and Conciliation Service. All
decisions rendered by the impartial arbitrator shall
be final and binding on both parties. The impartial
arbitrator shall be governed wholly by the terms of
this Agreement and shall have no power to add or
to change its terms.
Each party in an arbitration proceeding may be
represented in each proceeding by any person
authorized in writing by such party. Such
representative(s) may examine all witnesses in the
proceedings.
Each of the parties in the arbitration proceeding
shall bear the fees and expenses it incurs and the
fees and expenses of the impartial arbitrator shall
be borne equally by both parties provided,
however, that the total compensation of such
impartial arbitrator shall be agreed upon in advance
after submission of the matter in controversy to the
impartial arbitrator.
In the case of a grievance relative to disciplinary
suspension or demotion, or discharge for cause,
such grievance shall be originated at Step 2 in the
grievance procedure.
In grievances involving discharges, it is the
objective of the parties that the grievance will
normally be resolved within nine (9) months of the
discharge. In order to accomplish this objective, if
the grievance is processed to Step 4 and a panel of
arbitrators is requested from the Federal Mediation
and Conciliation Service, the panel shall include
the names of fifteen (15) arbitrators who are
members of the National Academy of Arbitrators.
The parties agree to confer within ten (10) business
days of receipt of the list of arbitrators from the
Federal Mediation and Conciliation Service. The
parties shall engage in an alternate strike process
until only one (1) arbitrator is remaining and, upon
selection of such arbitrator, shall promptly notify the Federal Mediation and Conciliation Service of
his / her selection. The parties shall alternate the
initiation of the strike process. If the selected
arbitrator is not available to conduct the arbitration
hearing within two (2) months of his or her
selection, the next mutually agreeable arbitrator on
the panel will be contacted for their availability. If
a transcript of the hearing is requested, it must be
furnished within three (3) weeks of the close of the
hearing. By mutual consent, any of the foregoing
time periods may be waived or modified.
If the charges are not sustained in the procedure
outlined in this Article, the employee's record shall
be cleared of such charges and in case of loss of
any wages they shall be reimbursed for such loss.
In the case of a grievance as a result of
implementing a departmental reorganization or
technological change affecting employees in the
bargaining unit, changes in an existing job
classification, or the establishment of a new job
classification, such grievance may be originated at
Step 2.
Either the Company or Union may choose to utilize
the Expedited Arbitration Procedure, in the case of
a grievance where the requested remedy would cost
the Company under $50,000 and the issue does not
involve disciplinary action of more than five (5)
days or discharge.
Under the Expedited Arbitration Procedure, the
appointment of an impartial arbitrator shall be
made from a list furnished to the parties under the
procedure provided in the Voluntary Labor
Arbitration Rules of the Federal Mediation and
Conciliation Services. The list shall contain the
names of fifteen (15) arbitrators all of whom are
members of the National Academy of Arbitrators.
The parties agree to confer within ten (10) business
days of receipt of the list of arbitrators from the
Federal Mediation and Conciliation Service. The
parties shall engage in an alternate strike process
until only one (1) arbitrator is remaining and, upon
selection of such arbitrator, shall promptly notify
the Federal Mediation and Conciliation Service of
his / her selection. The parties shall alternate the
initiation of the strike process. When the
appointment of an impartial arbitrator is made
under such rules, the arbitration shall be conducted
under the Voluntary Labor Arbitration Rules of the
Federal Mediation and Conciliation Services. All
decisions rendered by the impartial arbitrator shall
be final and binding on both parties. The impartial
arbitrator shall be governed wholly by the terms of
this Agreement and shall have no power to add or
to change its terms.
Grievances in the Expedited Arbitration Procedure
shall be presented to the Company and Union by
representatives as referenced in Steps 1, 2, 3 of the
grievance procedure and shall be heard without
attorneys unless both parties mutually agree to their
inclusion in this step of the process, and shall be
conducted without transcripts or recordings. The
Arbitrator shall issue a one-page Arbitration Award
within ten (10) days of the hearing. The Impartial
Arbitrator shall be governed wholly by the terms of
this Agreement and shall have no power to add or
to change its terms or grant any remedy that would
cost in excess of $50,000 to the Company. The
Arbitration Award shall be binding on the
Company and the Union, but shall not constitute a
precedent as to other grievances in the future and
shall not be introduced into any other arbitration in
the future. No more than one (1) grievance may be
submitted in each expedited arbitration proceeding.
Other Provisions
Either the Company or Union representatives
participating in the discussions outlined above
may, if they agree that further determination of fact
is required, request an extension of time which may
be granted by the other. In no event shall any
extension by either or both parties exceed one
additional time period provided for at the level
where the extension is granted. By mutual consent,
any step in the grievance procedure may be
bypassed.
Unless mutually agreed, summaries prepared under
this provision shall not be admissible at any
arbitration between the parties.
In the event of a dispute or difference, the parties
hereto shall continue to transact and carry on their
business in the same manner as at the time of the
raising of the question or questions in dispute until
a settlement is reached through the grievance or
arbitration procedure provided in this Article.
6. Pay at their basic hourly rates of pay will be
allowed officially designated Union
representatives, or their alternates, as provided for
in this Article, for the basic workdays of their basic
workweek, while engaged in the following steps of
the grievance procedure:
Stewards .............................................. Step 1
Chief Stewards .................................... Step 1