Common use of ADJUSTMENT OF DISPUTES Clause in Contracts

ADJUSTMENT OF DISPUTES. Union Representation The Union shall be entitled to select Stewards and Chief Stewards for the departments and divisions as set out in Schedule “A” hereto. Xxxxxxxx and Chief Stewards shall, at the time of their appointment, have at least one year of service. The Union shall advise the Company in writing of the names of all Stewards and Chief Xxxxxxxx. The Chief Stewards for each division, namely: Wire Mill and Mechanical, and Inspection, along with the Union President, Committee of four members. The duties of the Grievance Committee and the Stewards shall be to assist in adjusting disputes in accordance with the terms of this Agreement. The duties of Stewards shall be limited to the servicing of disputes arising from this Agreement in the department which each represents, while such disputesare being processed through Step The duties of Chief Stewards shall be limited to the division for which each is appointed, while such disputes are being processed through Steps 1 and 2 and, as the Grievance Committee, to the extent provided in this Agreement. The Grievance Committee shall be afforded such time off as may be required for attendance at meetings with Management which the Union requests. Grievance Committee members will be paid at their average hourly the preceding pay at meetings held for the processing of grievances at Step 2 and up to but not exceeding a period of eight hours in any calendar month. A representative of the Union shall obtain the permission of his Xxxxxxx before leaving his work to deal with a grievance. Such permission shall not be unreasonably withheld. Procedure Step who believes that he has a discuss and attempt to settle with his Xxxxxxx with or without a departmental Chief Xxxxxxx or Xxxxxxx being present, the employee may elect. Grievancesnot adjusted in this way within four working days may be appealed to Step Step 2 Notice of appeal must be given to the Xxxxxxx by the Chief Xxxxxxx or his Xxxxxxx delegate of the department in which the arose. Such notice shall consist of a written of the grievance in containing particulars of the incident giving rise to the and shall be the dated as of the its The den&al Xxxxxxx or his delegate shall meet with the Chief Xxxxxxx or his Xxxxxxx delegate, within seven working days, to the and attempt to settle it. A written decision be given by the Xxxxxxx or his within five after the date of such meeting. not in Step 2 may be appealed to Step Step 3 Notice of appeal must be given in writing within nine working days from the date of the written decision of the General Xxxxxxx or his delegate, to the Works Industrial Relations representative. The Works Manager or his delegate shall meet with the Grievance Committee, which may be accompanied by an International Officer or a representative of the Union, within twenty-one working days, to investigate the grievance and attempt to settle it. A written decision shall be given by the Works Manager or his delegate within fourteen working days the date of such meeting. Except as otherwise provided, grievances must be presented in writing within nine working days from the date of the incident giving rise to the grievance. Grievances which are not presented within the specified time limits may not be processed through the Grievance Procedure without the consent of the Company and in any event are not A grievance not referred to the next step within the time allowed will be considered settled. When an employee has been discharged, the Company will notify the Chief Xxxxxxx of the division concerned within forty-eight hours. A discharged employee may appeal thedischarge to his Works Manager within three working days. If a settlement is not reached, a grievance may be presented within five working days at Step

Appears in 1 contract

Samples: Basic Agreement

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ADJUSTMENT OF DISPUTES. The Union Representation agrees to notify Management promptly of the names of members and officers of the Union Committee and the Grievance Committee elected or appointed by the Union members, also of any change that may take place from time to time. The Union shall be entitled to select two Chief Stewards and Chief also up to three Stewards for the departments and divisions as set out in Schedule “A” hereto. Xxxxxxxx and Chief Stewards shall, at the time of their appointment, have at least one year of service. The Union shall advise the Company in writing of the names of all Stewards and Chief Xxxxxxxxon each shift. The Chief Stewards for each division, namely: Wire Mill and Mechanical, and Inspection, along with the Union President, Presi- dent shall constitute a Grievance Committee of four three members. The duties , one of the Grievance Committee and the Stewards whom shall be to assist in adjusting disputes in accordance with the terms of this Agreement. The duties of Stewards shall be limited to the servicing of disputes arising from this Agreement in the department which each represents, while such disputesare being processed through Step The duties of Chief Stewards shall be limited to the division for which each is appointed, while such disputes are being processed through Steps 1 and 2 and, as the Grievance Committee, to the extent provided in this AgreementChairman. The Grievance Committee shall be afforded such time off with pay as may be required for attendance at meetings with Management which required. Each member of the Union requests. Grievance Committee members will be paid at their average his regular hourly rate for the preceding pay purpose of investigation, preparation, processing and attendance at meetings held for the processing of grievances at Step 2 and of this Section up to but not exceeding a period total of eight thirty hours in any calendar monthmonth for the whole Committee, and the hours may be cumula- tive during the term of this Agreement. A representative Step Should any question arise which any employee wishes to take up with the Company, it shall first of all be taken up with the xxxxxxx either directly or through the Union and, failing a satisfactory settlement, the matter shall obtain the permission of his Xxxxxxx before leaving his work to deal with be deemed a grievance. Such permission The employee has the right to ask the Shop Xxxxxxx to accompany him when discussing this matter with the xxxxxxx. The xxxxxxx will render his decision within two working days. step Failing settlement under Step the Shop Xxxxxxx shall not be unreasonably withheld. Procedure Step who believes that he has a discuss and attempt to settle with his Xxxxxxx with or without a departmental Chief Xxxxxxx or Xxxxxxx being present, report the employee may elect. Grievancesnot adjusted in this way within four working days may be appealed to Step Step 2 Notice of appeal must be given matter to the Xxxxxxx by Grievance Committee, who will write out the Chief Xxxxxxx or his Xxxxxxx delegate of the department complaint in which the arose. Such notice shall consist of a written of the grievance in containing triplicate, contain- ing particulars of the incident giving rise to the griev- ance and shall be signed by the aggrieved employee and dated as of the date of its The den&al Xxxxxxx submission. One copy shall be presented to the Area Supervisor, or his delegate nominee, one to the Xxxxxxx of the Department, and one to be retained by the Grievance Committee. Such notice must be presented to the Area Supervisor within four working days after receipt of the reply at Step The Area Supervisor shall meet with the Chief Xxxxxxx or his Xxxxxxx delegate, within seven five working days, to investi- gate the grievance and attempt to settle it. A The Area Supervisor shall render a written decision be given by the Xxxxxxx or his within five two working days after the date of such meeting. not in step Failing settlement under Step 2 the grievance may be appealed to Step Step 3 Notice of appeal must be given in writing and must be presented to the Plant Manager within nine four working days from the date after receipt of the written decision of the General Xxxxxxx or his delegate, to the Works Industrial Relations representative. reply at Step The Works Plant Manager or his delegate shall meet with the Grievance Committee, Committee which may be accompanied by an International Officer or a representative of the Union, Representative within twenty-one five working days, days to investigate the grievance and attempt to settle it. A The Plant Manager shall render a written decision shall be given by the Works Manager or his delegate within fourteen five working days after the date of such meeting. Except as otherwise provided, grievances must be presented in writing within nine working days from the date of the incident giving rise to the grievance. Grievances which are not presented within the specified time limits may not be processed through the Grievance Procedure without the consent of the Company and in any event are not A grievance not referred to the next step within the time allowed will be considered settled. When an employee has been discharged, the The Company will notify the Chief Xxxxxxx of all discharges within twenty-four hours after such discharge has been affected. Any employee, other than a probationary employee, who has been discharged may, within two working days but not later, re- quest a hearing before the division concerned within forty-eight hoursGeneral Manager, at which meeting he may be accompanied by his Shop Stew- ard. A If the decision is sustained by the General Man- ager, the discharged employee may appeal thedischarge to his Works Manager within three two working days, but not later, submit a grievance in writ- ing, which shall be handled in accordance with the Grievance Procedure and beginning at Step In the event that more than one employee is directly affected by one specific incident and each such employee would be entitled to process a grievance, the Chief Xxxxxxx may sign the statement of the grievance on behalf of the aggrieved employees and shall identify the grievance as a “Group Grievance”. Where retroactive wages are claimed, the names of such employees shall be attached to the grievance. If the Company is alleged to have violated any provisions of this Agreement and such violation affects the interests of the Union as a settlement is not reachedparty to the Agreement, the Union may file a grievance grievance, beginning at Step No. which shall be signed on behalf of the Union by the Chairman of the Grievance Committee end shall be identified as a “Union Policy Grievance”. Grievances that concern the interpretation, application or administration of the Manual may be presented initiated by the Union and shall be resolved in accordance with the provisions of this Section beginning at Step No. The Grievance and Arbitration Procedure may be invoked by the Company. Such grievances may be initiated by the Company at Step of the Grievance Procedure by filing with the Chairman of the Griev- ance Committee. For such purposes, the provisions of this Section 8 shall be read and construed with neces- sary changes. The time allowances provided for in Section 8 may be extended by mutual agreement between the parties, in writing. If the time allowances, or any extension thereof, are not observed by either party, the grievance shall be considered as advanced to the next step of this proce- dure, including arbitration. Arbitration Grievances not adjusted in Step relating to the interpretation, application, administration, or alleged violation of this Agreement, including any question as to whether a matter is may be referred to arbitration by notice in writing to the other party within thirty-five working days after the time periods stipulated in Step have expired. Within fifteen days from the date a griev- ance is referred to arbitration, the Grievance Commit- tee Chairman (or his delegate) and an International Representative of the Union, shall meet with the Gen- eral Manager and the Operations Supervisor (or his delegate) to review the issue in dispute. At such meet- ing, the Company will submit a statement of facts which the parties will review for the purpose of determining which facts are agreed to and which are still in dis- pute. The parties will attempt to reconcile the differ- ences. The agreed to statement of facts will be sub- mitted at Stepthe arbitration hearing. Time by the Chairman for his delegate) shall be considered hours worked and paid for at his regular hourly rate. In special circumstances, and by agreement by both parties, persons directly involved in the incident may be invited to attend such meeting for the purpose of clarifying any facts which may be in dispute. An em- ployee who is invited shall be paid for time lost from work at his regular hourly rate. On the request of either party, the Minister shall ap- point a settlement officer to endeavour to effect a set- tlement before the arbitrator or arbitration board be- gins to hear the arbitration. However no appointment shall be made if the other party objects. The arbitration procedure incorporated in this Agreement shall be based on the use of a single The parties shall appoint a person to act as Arbitrator. If the parties are unable to agree within ten after the notice is given. upon the appoint- ment of an arbitrator, the arbitrator shall be appointed by the Minister of Labour for Ontario at the request of either party. On the request of either party, a Board of Arbi- tration may be used. The party requesting arbitration will submit the name of their representative to the Board to the other party. Within a further five days the other party shall give notification of their representa- tive to the Board. No person shall be appointed as a representative who has participated in prior to settle the grievance to be arbitrated. The two representatives so selected shall, within five days of the appointment of the second of them, shall select a third person who shall be the Chairman. Where one party fails to appoint a representative as herein provided, or where the two representatives fail to agree upon a Chairman within the time specified, the appointment shall be made by the Minister of Xx- xxxx for Ontario, upon the request of either party. The Arbitration Board shall hear and determine the dif- xxxxxxx or allegation and shall issue a decision within sixty days after hearings on the matter submitted to arbitration are concluded. The Boards decision is final and binding upon the parties hereto and upon any employee or employer concerned. The Arbitration Board shall not be nor shall the Board assume authority, to alter, modify, or amend any part of this agreement, nor to make any decision inconsistent with the provisions thereof. The Company and the Union shall each pay the remu- neration and expenses of their own representatives. The Company and the Union shall each pay one-half of the remuneration and expenses of the Chairman of the Board. The Arbitrator shall hear and determine the dif- xxxxxxx or allegation and shall issue a decision, The Arbitrator shall give a decision within thirty days after hearings on the matter submitted to arbitration are concluded. The time described for giving a deci- sion may be extended at the discretion of the Arbitra- tor so long as he/she states in the decision the reasons for extending the time. The Arbitrator shall not have any authority to alter or change any of the provisions of this Agree- ment or to substitute any new provisions in lieu thereof or to give any decision contrary to the terms and pro- visions in this Agreement, or to deal with wages, ex- cept as provided in this Agreement, but, save as afore- said, the decision of the Arbitrator shall be final and binding upon the parties hereto and upon any employee or employer concerned. The Arbitrator may neverthe- less decide whether or not retroactive wages are pay- able because an employee has been deprived of wages as a result of a violation of the Agreement by the Com- pany, and where such violation involves disciplinary action resulting in loss of wages, whether the discipli- nary action should be modified if in the opinion of the Arbitrator the extent of the discipline is unreasonable in relation to the offence. Except as otherwise pro- vided in this Agreement, the Arbitrator may not award retroactive pay for a period in excess of sixty days immediately preceding the date of the written state- ment of the grievance. In no event will retroactive pay be allowed in connection with the settlement of a grievance of an individual employee or group of employees who, while the grievance is pending, engages in a work stoppage, strike, slowdown, or any other interference with pro- duction or work. In the event that either party chooses to proc- ess a grievance under the provisions of Section of the Labour Relations Act, it is understood that the griev- ance shall not be processed further through the griev- ance procedure as set forth in Section The fees and charges of the Arbitrator shall be borne equally by the Company and the Union.

Appears in 1 contract

Samples: Basic Agreement

ADJUSTMENT OF DISPUTES. Union Representation The Union shall be entitled to select Stewards and Chief Stewards All but one of the agreements establish formal machinery for the departments adjustment of grievances and divisions the majority provide some form of arbitration procedure. As might be expected, the agreements cover­ ing the larger plants contain more detailed provisions on the presenta­ tion of grievances, the functions of shop stewards, etc., than do those covering smaller plants. In only a few cases is the term “ grievance” defined; for example, the Caterpillar Tractor agreement defines a grievance as set out “ any difference which might arise between the parties or between the company and an employee covered by this agreement, as to (1) any matter relating to wages, hours of work, or working con­ ditions not covered by this agreement; and (2) any matter involving the interpretation or violation of any provisions of this agreement.” G R IE V A N C E M A C H IN E R Y Agreements in Schedule “A” heretothe agricultural-machinery industry vary consider­ ably with respect to the procedures to be used in presenting grievances to the foremen. Under the terms of 20 agreements (including the 6 14 Union Agreements International Harvester plants), which cover almost 85 percent of the workers, the employee has the option of presenting grievances to his xxxxxxx alone or of being accompanied or represented by his shop xxxxxxx or other designated union official. Eight agreements, cover­ ing small plants, require the employee to consult with his xxxxxxx or other subordinate company official before taking his grievance to the union. Under the terms of 6 agreements, the union xxxxxxx presents the grievances to the xxxxxxx, while under 2 others the aggrieved employee must accompany the union representative. If grievances are not adjusted through this procedure, the agree­ ments generally provide that the shop xxxxxxx shall take up the dispute with the department xxxxxxx and, if necessary, with the plant super­ intendent. If the dispute is not settled at this stage, it is referred to the entire plant grievance committee and some designated company representative. Five of the International Harvester agreements provide that if the grievance cannot be adjusted by the employee, or his xxxxxxx, and his xxxxxxx, it is to be referred directly to the shop committee of the union and a committee appointed by the plant superintendent. When a dispute is not settled by the entire plant committee and the management representatives, the union may usually call upon an outside representative, frequently a national official of the union, who attempts to adjust the difference in conference with top representa­ tives of the company. To guard against prolonged delay in the disposition of disputes, almost all the large company agreements impose time limits on the operation of the grievance machinery and many provide for frequent regular meetings between the plant grievance committee and the management. Shop stewards are paid for time spent in attendance at all formal grievance meetings with management held during working hours, under the terms of 11 agreements, covering more than 40 percent of the workers. Under 10 additional agreements, covering almost 30 percent of the workers, stewards receive pay for time lost only if the meetings are called by management. Four agreements, covering slightly over 5 percent of the workers, specifically state that attendance at grievance meetings is on the employee's own time. No mention is made in the remaining agreements of payment or nonpayment for time spent in adjusting grievances. Arbitration by an impartial individual or agency, when negotiations between the highest union and company officials fail to result in a settlement, is provided in 19 agreements, covering three-fourths of the workers. Fourteen of these, covering more than half of the workers, provide that unsettled disputes are to be submitted to arbi­ tration at the request of either party. Among these are two Inter­ national Harvester plants (Rock Island and Milwaukee), the Xxxxx- Xxxxxxxx plant, the Minneapolis-Moline plant at Minneapolis, and Chief Stewards shallthe Caterpillar Tractor plant. Agricultural-Machinery Industry 15 Five agreements (including the four agreements between the Inter­ national Harvester Co. and the United Farm Equipment and Metal Workers of America) provide for arbitration only by mutual consent of both company and union. Under such a clause, the party which is satisfied with existing conditions may refuse to submit a disputed issue to arbitration and the aggrieved party must either yield or resort to a strike or lockout. Among the 17 agreements which make no provision for arbitration are those covering the J. I. Case plant at Racine, the Xxxx Deere Harvester Works, the Xxxxxx Farm Equipment Co. plants at South Bend and Battle Creek, the Cleveland Tractor Co., and the Racine plant of the Xxxxxx-Xxxxxx Co. The Xxxxx-Xxxxxxxx agreement provides for a permanent impartial referee, selected and compensated by both parties, to whom unsettled grievances are referred for final decision. In the other 18 agreements which make provision for arbitration, the* arbitrator is chosen at the time of their appointmenta dispute. If the company and union are unable to agree on the choice of an impartial arbitrator, have at least 12 agreements provide that the selection is to be referred to a designated public agency. Most fre­ quently named agencies are the U. S. Conciliation Service and the National War Labor Board, although one year agreement delegates the choice to the Illinois Department of serviceLabor, and another to a State judge. The Union shall advise the Company in writing Most of the names agreements which include maintenance-of-mem­ bership clauses state that any dispute arising under this particular provision, not settled under the grievance machinery, is to be referred to an arbitrator appointed by the National War Labor Board. Generally, arbitration may be invoked in settlement of all Stewards and Chief Xxxxxxxx. The Chief Stewards for each division, namely: Wire Mill and Mechanical, and Inspection, along with any question arising under the Union President, Committee of four members. The duties terms of the Grievance Committee and agreement. For example, the Stewards shall be to assist in adjusting disputes in accordance with Minnea- polis-Moline (Minneapolis) agreement states that all questions arising under the terms of this Agreement. The duties of Stewards shall be limited agreement or its application are subject to the servicing of disputes arising from this Agreement in the department which each represents, while such disputesare being processed through Step The duties of Chief Stewards shall be limited to the division for which each is appointed, while such disputes are being processed through Steps 1 and 2 and, as the Grievance Committee, to the extent provided in this Agreement. The Grievance Committee shall be afforded such time off as may be required for attendance at meetings with Management which the Union requests. Grievance Committee members will be paid at their average hourly the preceding pay at meetings held for the processing of grievances at Step 2 and up to but not exceeding a period of eight hours in any calendar month. A representative of the Union shall obtain the permission of his Xxxxxxx before leaving his work to deal with a grievance. Such permission shall not be unreasonably withheld. Procedure Step who believes that he has a discuss and attempt to settle with his Xxxxxxx with or without a departmental Chief Xxxxxxx or Xxxxxxx being present, the employee may elect. Grievancesnot adjusted in this way within four working days may be appealed to Step Step 2 Notice of appeal must be given to the Xxxxxxx by the Chief Xxxxxxx or his Xxxxxxx delegate of the department in which the arose. Such notice shall consist of a written of the grievance in containing particulars of the incident giving rise to the and shall be the dated as of the its The den&al Xxxxxxx or his delegate shall meet with the Chief Xxxxxxx or his Xxxxxxx delegate, within seven working days, to the and attempt to settle it. A written decision be given by the Xxxxxxx or his within five after the date of such meeting. not in Step 2 may be appealed to Step Step 3 Notice of appeal must be given in writing within nine working days from the date of the written decision of the General Xxxxxxx or his delegate, to the Works Industrial Relations representative. The Works Manager or his delegate shall meet with the Grievance Committee, which may be accompanied by an International Officer or a representative of the Union, within twenty-one working days, to investigate the grievance and attempt to settle it. A written decision shall be given by the Works Manager or his delegate within fourteen working days the date of such meeting. Except as otherwise provided, grievances must be presented in writing within nine working days from the date of the incident giving rise to the grievance. Grievances which are not presented within the specified time limits may not be processed through the Grievance Procedure without the consent of the Company and in any event are not A grievance not referred to the next step within the time allowed will be considered settled. When an employee has been discharged, the Company will notify the Chief Xxxxxxx of the division concerned within forty-eight hours. A discharged employee may appeal thedischarge to his Works Manager within three working days. If a settlement is not reached, a grievance may be presented within five working days at Steparbitration.

Appears in 1 contract

Samples: fraser.stlouisfed.org

ADJUSTMENT OF DISPUTES. Union Representation The Union shall be entitled to select Stewards and Chief Stewards All but one of the agreements establish formal machinery for the departments adjustment of grievances and divisions the majority provide some form of arbitration procedure. As might be expected, the agreements cover­ ing the larger plants contain more detailed provisions on the presenta­ tion of grievances, the functions of shop stewards, etc., than do those covering smaller plants. In only a few cases is the term “ grievance” defined; for example, the Caterpillar Tractor agreement defines a grievance as set out “ any difference which might arise between the parties or between the company and an employee covered by this agreement, as to (1) any matter relating to wages, hours of work, or working con­ ditions not covered by this agreement; and (2) any matter involving the interpretation or violation of any provisions of this agreement.” G R IE V A N C E M A C H IN E R Y Agreements in Schedule “A” heretothe agricultural-machinery industry vary consider­ ably with respect to the procedures to be used in presenting grievances to the foremen. Under the terms of 20 agreements (including the 6 14 Union Agreements International Harvester plants), which cover almost 85 percent of the workers, the employee has the option of presenting grievances to his xxxxxxx alone or of being accompanied or represented by his shop xxxxxxx or other designated union official. Eight agreements, cover­ ing small plants, require the employee to consult with his xxxxxxx or other subordinate company official before taking his grievance to the union. Under the terms of 6 agreements, the union xxxxxxx presents the grievances to the xxxxxxx, while under 2 others the aggrieved employee must accompany the union representative. If grievances are not adjusted through this procedure, the agree­ ments generally provide that the shop xxxxxxx shall take up the dispute with the department xxxxxxx and, if necessary, with the plant super­ intendent. If the dispute is not settled at this stage, it is referred to the entire plant grievance committee and some designated company representative. Five of the International Harvester agreements provide that if the grievance cannot be adjusted by the employee, or his xxxxxxx, and his xxxxxxx, it is to be referred directly to the shop committee of the union and a committee appointed by the plant superintendent. When a dispute is not settled by the entire plant committee and the management representatives, the union may usually call upon an outside representative, frequently a national official of the union, who attempts to adjust the difference in conference with top representa­ tives of the company. To guard against prolonged delay in the disposition of disputes, almost all the large company agreements impose time limits on the operation of the grievance machinery and many provide for frequent regular meetings between the plant grievance committee and the management. P A Y M E N T D U R IN G A D JU ST M E N T M E E T IN G S Shop stewards are paid for time spent in attendance at all formal grievance meetings with management held during working hours, under the terms of 11 agreements, covering more than 40 percent of the workers. Under 10 additional agreements, covering almost 30 percent of the workers, stewards receive pay for time lost only if the meetings are called by management. Four agreements, covering slightly over 5 percent of the workers, specifically state that attendance at grievance meetings is on the employee's own time. No mention is made in the remaining agreements of payment or nonpayment for time spent in adjusting grievances. Arbitration by an impartial individual or agency, when negotiations between the highest union and company officials fail to result in a settlement, is provided in 19 agreements, covering three-fourths of the workers. Fourteen of these, covering more than half of the workers, provide that unsettled disputes are to be submitted to arbi­ tration at the request of either party. Among these are two Inter­ national Harvester plants (Rock Island and Milwaukee), the Xxxxx- Xxxxxxxx plant, the Minneapolis-Moline plant at Minneapolis, and Chief Stewards shallthe Caterpillar Tractor plant. Agricultural-Machinery Industry 15 Five agreements (including the four agreements between the Inter­ national Harvester Co. and the United Farm Equipment and Metal Workers of America) provide for arbitration only by mutual consent of both company and union. Under such a clause, the party which is satisfied with existing conditions may refuse to submit a disputed issue to arbitration and the aggrieved party must either yield or resort to a strike or lockout. Among the 17 agreements which make no provision for arbitration are those covering the J. I. Case plant at Racine, the Xxxx Deere Harvester Works, the Xxxxxx Farm Equipment Co. plants at South Bend and Battle Creek, the Cleveland Tractor Co., and the Racine plant of the Xxxxxx-Xxxxxx Co. The Xxxxx-Xxxxxxxx agreement provides for a permanent impartial referee, selected and compensated by both parties, to whom unsettled grievances are referred for final decision. In the other 18 agreements which make provision for arbitration, the* arbitrator is chosen at the time of their appointmenta dispute. If the company and union are unable to agree on the choice of an impartial arbitrator, have at least 12 agreements provide that the selection is to be referred to a designated public agency. Most fre­ quently named agencies are the U. S. Conciliation Service and the National War Labor Board, although one year agreement delegates the choice to the Illinois Department of serviceLabor, and another to a State judge. The Union shall advise the Company in writing Most of the names agreements which include maintenance-of-mem­ bership clauses state that any dispute arising under this particular provision, not settled under the grievance machinery, is to be referred to an arbitrator appointed by the National War Labor Board. Generally, arbitration may be invoked in settlement of all Stewards and Chief Xxxxxxxx. The Chief Stewards for each division, namely: Wire Mill and Mechanical, and Inspection, along with any question arising under the Union President, Committee of four members. The duties terms of the Grievance Committee and agreement. For example, the Stewards shall be to assist in adjusting disputes in accordance with Minnea- polis-Moline (Minneapolis) agreement states that all questions arising under the terms of this Agreement. The duties of Stewards shall be limited agreement or its application are subject to the servicing of disputes arising from this Agreement in the department which each represents, while such disputesare being processed through Step The duties of Chief Stewards shall be limited to the division for which each is appointed, while such disputes are being processed through Steps 1 and 2 and, as the Grievance Committee, to the extent provided in this Agreement. The Grievance Committee shall be afforded such time off as may be required for attendance at meetings with Management which the Union requests. Grievance Committee members will be paid at their average hourly the preceding pay at meetings held for the processing of grievances at Step 2 and up to but not exceeding a period of eight hours in any calendar month. A representative of the Union shall obtain the permission of his Xxxxxxx before leaving his work to deal with a grievance. Such permission shall not be unreasonably withheld. Procedure Step who believes that he has a discuss and attempt to settle with his Xxxxxxx with or without a departmental Chief Xxxxxxx or Xxxxxxx being present, the employee may elect. Grievancesnot adjusted in this way within four working days may be appealed to Step Step 2 Notice of appeal must be given to the Xxxxxxx by the Chief Xxxxxxx or his Xxxxxxx delegate of the department in which the arose. Such notice shall consist of a written of the grievance in containing particulars of the incident giving rise to the and shall be the dated as of the its The den&al Xxxxxxx or his delegate shall meet with the Chief Xxxxxxx or his Xxxxxxx delegate, within seven working days, to the and attempt to settle it. A written decision be given by the Xxxxxxx or his within five after the date of such meeting. not in Step 2 may be appealed to Step Step 3 Notice of appeal must be given in writing within nine working days from the date of the written decision of the General Xxxxxxx or his delegate, to the Works Industrial Relations representative. The Works Manager or his delegate shall meet with the Grievance Committee, which may be accompanied by an International Officer or a representative of the Union, within twenty-one working days, to investigate the grievance and attempt to settle it. A written decision shall be given by the Works Manager or his delegate within fourteen working days the date of such meeting. Except as otherwise provided, grievances must be presented in writing within nine working days from the date of the incident giving rise to the grievance. Grievances which are not presented within the specified time limits may not be processed through the Grievance Procedure without the consent of the Company and in any event are not A grievance not referred to the next step within the time allowed will be considered settled. When an employee has been discharged, the Company will notify the Chief Xxxxxxx of the division concerned within forty-eight hours. A discharged employee may appeal thedischarge to his Works Manager within three working days. If a settlement is not reached, a grievance may be presented within five working days at Steparbitration.

Appears in 1 contract

Samples: fraser.stlouisfed.org

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ADJUSTMENT OF DISPUTES. Union Representation The Union shall be entitled to select Stewards Stewards, some of whom may be designated Chief Stewards, for the major divisions of the Works, and Chief also Stewards for the departments and divisions as divisionsas set out forth in Schedule “A” Appendix hereto. The Chief Xxxxxxxx and Chief Stewards shallthe Union President shall constitute a Grievance Committee of five (5) members, one of whom shall be Chairman. Employees so selected to represent the Union shall at the time of their appointment, appointment have at least one (1) year of service. The Union shall advise the Company in writing of the names of all Stewards and Chief Xxxxxxxx. The Chief Stewards for each division, namely: Wire Mill and Mechanical, and Inspection, along with the Union President, Committee of four membersemployees so selected. The duties of the Chief Xxxxxxx, Stewards and Grievance Committee and the Stewards shall be to assist in adjusting disputes in accordance with the terms of this Agreement. The duties of Stewards shall be limited to the servicing of disputes arising from this Agreement in the department division for which each represents, is appointed while such disputesare disputes are being processed through processedthrough Step The duties of No. Chief Stewards shall be limited to the division of the Company for which each is appointed, appointed while such disputes are being processed through Steps 1 processedthrough Step No. and 2 and, as members of the Grievance Committee, Committee to the extent provided in this Agreementhereinafter provided. The Grievance Committee shall be afforded such time off without pay (except as hereinafter provided) as may be required for attendance at meetings with Management Management, which the Union requests. Each member of the Grievance Committee members will be paid at their his average hourly earned rate during the preceding pay period, for attendance at meetings held for the processing of grievances at Step 2 Nos. and up to but not exceeding exceeding, a period total of eight thirty two (32) hours in any calendar monthmonth for the whole Committee, and the hours may be cumulative during the term of this Agreement. Union members shall be paid at their average hourly earned rates for attendance at meetings called by Management. A representative of representativeof the Union shall obtain the permission of his Xxxxxxx Supervisor before leaving his work to deal with a grievance. Such permission shall not be unreasonably withheld. Procedure Step No. I Any employee who believes that he has a justifiable grievance may discuss and attempt to settle same with his Xxxxxxx Division Head, with or without a departmental Chief Xxxxxxx or Xxxxxxx being present, as the employee may elect. Grievancesnot Grievances not adjusted in this way within four two (2) working days may be appealed to Step No. Where the employee elects to have a Xxxxxxx present, the settlement of a grievance at Step 2 No. shall not constitute a precedent nor be used as a precedent in future cases by either the Company or the Union and shall be without prejudice to the position of either party. Step No. Notice of appeal must be given to the Xxxxxxx Human Resources Manager, by the Chief Xxxxxxx or his Xxxxxxx delegate of the department in which division within three (3) working days after receivingthe decision of the aroseDivision Head. Such notice shall consist of a written statement of the grievance in triplicate containing particulars of particularsof the incident giving rise to the grievance and shall be signed by the aggrieved employee and dated as of the date of its submission. The den&al Xxxxxxx or his delegate Human Resources Manager shall meet with the Chief Xxxxxxx or his Xxxxxxx delegateXxxxxxx, within seven working days, to the investigatethe grievance and attempt to settle it. A written decision shall be given by the Xxxxxxx or his Human Resources Manager within five three (3) working days after the date of such meeting. Grievances not adjusted in Step 2 No. may be appealed to Step No. Step 3 No. Notice of appeal must be given in writing within nine seven (7) working days from the date of the written decision of the General Xxxxxxx or his delegate, Human Resources Manager to the Works Industrial Relations representative. The Works Plant Manager or his delegate of who shall meet with the Grievance Committee, which may be accompanied by an International Officer or a representative of the Union, within twenty-one working days, to investigate the grievance and attempt to settle it. A written decision shall be given by the Works Plant Manager or his delegate within fourteen ten (10) working days after the date of such meeting. Step No. The parties agree to use the of a grievance mediation officer, on a non binding basis, prior applying for arbitration. Except as otherwise provided, grievances must be presented in writing presentedat Step No. within nine (9) working days from the date of the incident giving rise to the grievance. Grievances which are not presented within presentedwithin the specified time limits may times aforesaid shall not be processed through considered under the Grievance Procedure without the consent of the Company and Procedureand in any event are not A grievance not referred to the next step within the time allowed will be considered settled. When an employee has been discharged, the Company will notify the Chief Xxxxxxx of the division concerned within forty-eight hours. A discharged employee may appeal thedischarge to his Works Manager within three working days. If a settlement is not reached, a grievance may be presented within five working days at Steparbitrable.

Appears in 1 contract

Samples: Basic Agreement

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