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Article XI: Grievance and Arbitration
1. Right to Grieve
- All full-time employees have the right to grieve any part of this agreement. All part-time employees have the right to grieve any part of this Agreement that is expressly applicable to them.
- The Union may grieve any part of this agreement in place of an employee.
2. Union Delegate/Executive Committee
- In the event of complaint(s) by one or more employee(s) regarding the interpretation and/or application of any part of this agreement, the employee(s) will inform the Union delegate, who will handle the initial phase of the complaint in the grievance process.
- Such complaints by any employee(s) should, whenever practicable, be heard, discussed, and adjusted by the delegate, the employee, and the section head and/or department head within seven (7) calendar days of the complaint; and/or may be discussed by a representative of the Executive Committee and a representative from the Employee Relations Department. However, this is not a mandatory step.
- If the grievant and delegate believe that the complaint remains unresolved, the complaint will be referred to the grievance chairperson, who will determine whether a formal written grievance will be filed.
- Except for good cause shown, all written grievances must be filed within sixty (60) calendar days after the occurrence of the event giving rise to the grievance or the date on which the Union knew, or reasonably should have known, of the existence of the events giving rise to the grievance or it will not be considered in the grievance procedure. In no event, in cases involving backpay due to a grievant(s), shall the Globe’s liability extend beyond thirty (30) days prior to the date the grievance was filed, unless otherwise agreed to.
3. Grievance Procedure
- The grievance chairperson will forward a copy of the formal grievance form to the department head and Employee Relations. Employee Relations will then contact the grievance chairperson to set up a conference to discuss the grievance. The conference must be held within fourteen (14) calendar days of the date the grievance was filed.
- The conference may include the Union President and/or the Grievance Chairperson, the appropriate Union delegate and the grievant and such exempt Employer representatives the Employer determines are necessary to the conference.
- If the parties do not resolve the grievance in the meeting and if both parties agree, an additional meeting(s) may be held. Employee Relations will provide a written response specifying the reasons for the denial of the grievance within fourteen (14) calendar days of the final meeting.
- Resolution of a grievance during the grievance procedure shall be final and binding only as to that grievance upon the Union, the Employer and the grievant.
- The Union shall advise the Company within thirty (30) days after the written response by the Company whether it intends to refer the matter to arbitration or it deems the grievance resolved.
- Either party may request additional meeting(s), both before and after a grievance is submitted to arbitration, to attempt to settle the grievance. Agreement to hold additional meeting(s) will not constitute an extension of any time limits contained in this provision, unless agreed to in writing by both parties.
- If a grievant decides to appeal an Executive Committee’s decision not to take his/her case to arbitration as provided for in the Union’s by-laws, the Union shall so notify the Employer in writing. That notice shall constitute an automatic extension of the contractual 30-day time limit on grievances until the appeal process is completed. The Union shall notify the Employer in writing when the appeal process is completed. In no event shall this be for more than thirty (30) additional days unless agreed to by both parties.
- The above time frames may be extended in writing by mutual agreement of the parties involved. Except for good cause shown, failure by either party to comply with the contractual time limits set forth in this Article, without a written extension, will result in
the resolution of the grievance against the party who fails to comply. However, any such resolution resulting from failure to comply with contractual time limits will be limited to that grievance only and will set no binding precedent. - Arbitration will be initiated by filing with the opposite party and the American Arbitration Association a request for arbitration. The notice shall be filed within thirty (30) days after denial of the grievance under the grievance procedure. The voluntary labor arbitration rules of the American Arbitration Association (which provide for a written decision within thirty (30) days) shall apply to the proceeding.
The decision of the arbitrator will be accepted as final by the parties to the dispute, and both will abide by it.
Cost of arbitration shall be borne on a 50%/50% basis by the parties.
4. Investigation Rights
The delegate and grievance chairperson and/or a designated member of the executive committee may use regular working hours with pay to investigate a grievance and perform the duties outlined in the grievance and arbitration procedures without being subject to disciplinary action.
5. Attendance at Meetings/Hearings
- Bargaining unit employees, including union representatives, attending grievance or other duly scheduled meetings with the Company pursuant to this Article shall be on regular working time with pay, provided that the Union timely notify the Employee Relations Department that the bargaining unit employee will need such time off.
- In addition to the Union President and the Grievance Chairperson, the Employer shall also pay for no more than two (2) Union representatives for attendance at arbitration hearings or hearings conducted by outside entities, provided that the Union timely notify
the Employee Relations Department that the Union representative will need such time off. - The Employer shall also pay Union witnesses at arbitration hearings or hearings conducted by outside entities for time missed from work for time reasonably scheduled for testifying at the hearing, provided that the Union timely notify the Employee Relations Department.
- The Union shall be reasonable concerning the numbers of employees it requests to attend meetings or hearings provided in this Section 5 and shall not schedule its representatives in any way to interfere with the Employers’ operation.
6. Protection of the Grievant
At no time will a department head, section head or representative of the executive offices meet with a grievant to discuss a grievance that has been filed by the grievant without the grievance chairperson or president of the Union or his/her designee present. At no time will a department head, section head or representative of the Employer threaten or intimidate any grievant as a result of his/her filing a grievance. Such Employer representatives may meet with a grievant to discuss matters unrelated to his/her grievance.
7. Expedited Arbitration
If the Union and Employer determine it necessary, the parties may submit a grievance to expedited arbitration.
January 15, 2001
