Dispute Procedure. A. The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes. B. Should any differences, disputes, or com plaints arise over the interpretation or applica tion of the contents of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly through the following steps: Step 1. By conference between the aggrieved employee and/or the shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union. Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3. Step 3. By conference between an official or officials of the Union and the Divi sional Vice President, a representative or representatives of the Employer delegated by the Divisional Vice Presi dent, or both. Step 4. In the event the last step fails to settle the grievance, the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union. C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly. D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Board. E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure. F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours. G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with. H. Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty (20) calendar days after such has happened.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Dispute Procedure. A. 5.01 The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for Shop Stewards in each store. The shop ▇▇▇▇▇▇▇ may Shop Stewards so designated shall not exceed six (6) per store, three (3) to act for as Stewards and three (3) to act as alternate Stewards.
5.02 The Company agrees to meet with the Union in signing up employees for Union membership initially twice a year to discuss any current outstanding labor issues and in explaining the func tions of the Union to employeesupdate each party about current trends. The shop stew ard shall number of meetings per year may be increased or decreased by mutual agreement. This meeting will include Union Officials, including Union Representatives and Company Officials including District Managers and District Operations Coordinators (District Ops). These meetings are in addition to the last employee to be laid off in his classification in his storecurrent Labor/Management meetings. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differences, disputes, disputes or com plaints complaints arise over the interpretation or applica tion application of the contents of this Agreement, Agreement there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly in a prompt and timely manner through the following steps:Steps outlined below.
Step 1. By conference between the aggrieved employee and/or employee, the shop Shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred Representative and the Store Manager within ten seven (107) calendar days to Step 2. Any of the submission or the presentation of the grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and Employer. The Company will respond in writing to the UnionUnion within (7) seven days following the Step 1 grievance meeting.
Step 2. By conference between the shop ste Shop ▇▇▇▇, the authorized ▇▇▇ and/or Union representa tive Representative and the Zone ManagerDistrict HR Manager and/or District Operations Manager within fifteen (15) days of initial contact with the District HR Manager and/or District Operations Manager from Step 1. If this step does not settle the grievance, and The Company will respond in writing to the Union wishes to take it to within seven (7) days following the Step 3, it shall be referred within ten 2 grievance meeting (10) calendar days to and/or Step 32 in 5.05 grievance meeting).
Step 3. By conference between an official or officials of the Union and and/or the Divi sional Vice President, Divisional President or a representative or representatives Representative of the Employer so delegated by a Divisional President or both within fifteen (15) days of initial contact by the Divisional Vice Presi dent, or bothUnion and/or Employer from Step 2. The Company will respond in writing to the Union within seven (7) days following the Step 3 grievance meeting.
Step 4. In the event that the last step fails to settle the grievancecomplaint satisfactorily, the Union, either party if it desires to submit arbitrate the grievance to ar bitrationcomplaint, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if refer it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the BoardArbitration within thirty (30) days after Step 3 is completed.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. 5.03 Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty thirty (2030) calendar days after such has happened.
5.04 It is agreed that Steps 1 and 2 of this dispute procedure may be waived if mutually agreeable to the Employer and the Union.
5.05 Within 60 days from June 18, 2017 all discharge/suspended pending further investigation shall proceed directly to the 2nd step of the grievance procedure as outlined above unless mutual consent is given by the employer and the union for an extension of the time limit.
5.06 It is the intent of both parties that grievances shall be handled promptly within the time limit specified in each step of the grievance procedure. However, time limits may be extended in any step of the grievance procedure by mutual consent.
5.07 After all steps of the grievance procedure, except arbitration, have been exhausted, the Union shall have the right to
5.08 The Union and the Employer shall select one (1) person who will act as their Representative to select an arbitrator and jointly request the Director of the Federal Mediation and Conciliation Service to furnish the parties a panel of seven (7) arbitrators from which the arbitrator shall be chosen. The arbitrator shall be chosen by the alternate striking of names within fourty-five (45) days of receiving the panel. By mutual agreement between the parties, if the panel offered by the Federal Mediation and Conciliation Service is unacceptable to both parties, a second panel of seven (7) names may be jointly requested. The expenses of the arbitrator shall be paid for jointly. The arbitrator shall have no authority to amend, modify, or in any way alter the terms of this Agreement. The Employer nor the Union shall not refuse more than two dates that have been offered for hearing dates by the arbitrator unless mutually agreed to by the Employer and the Union in writing.
5.09 The Employer may at any time discharge any worker for proper cause. The Union and the employee will be given written notification of any discharge within fourteen (14) working days after discharge and/or suspended pending further investigation.
5.10 Any employee who is interrogated concerning a matter of discipline is entitled to representation by the Union at that interrogation. If the meeting is a scheduled meeting, a ▇▇▇▇▇▇▇ or Union Representative may be requested by the employee.
5.11 No employee will be required to take a polygraph examination.
5.12 The Employer and the Union agree that a proven violation of established time clock rules including working before punching in or after punching out may subject such an employee to disciplinary action up to and including discharge.
5.13 The Fair Labor Standards Act as amended, requires among other things, that all time worked by employees be accurately recorded and that employees receive compensation for all time worked in excess of 40 (forty) hours in any work week at time and one-half (1 ½) their regular hourly rate of pay. The parties recognize and agree that strict compliance with this Act is in the best interest of the Employer, the Union and the employees. Therefore, the Employer will not request, suffer or permit any employee to work off the clock and the Union agrees to cooperate with and to assist the Employer in assuring strict compliance with this important Federal legislation.
5.14 An employee who is absent from work for three (3) consecutive working days without notifying the Store Manager will be considered to have voluntarily quit.
5.15 Constructive advice notices shall be issued no later than fourteen (14) days from the date of the incident or fourteen (14) days from the date that store management has knowledge of the incident, unless a delay is necessitated by circumstances beyond the control of store management such as absence by the employee or manager, key witnesses or the result of a complex investigation of the circumstances giving rise to the disciplinary incident. All constructive advice notices issued for an infraction of company rules or records of discipline, shall be stricken and become null and void nine (9) months from their date of issuance, provided the employee has not received another notice for the same type of infraction within that nine (9) month period.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Dispute Procedure. A. 1. The Union shall have the right to designate a shop Shop ▇▇▇▇▇▇▇ for each store. The shop It shall be the duty of the Shop ▇▇▇▇▇▇▇ may act for to demand and inspect the Union in signing up employees for Union membership and in explaining cards of those coming under the func tions jurisdiction of the Union and to employeesreport his findings to the Union Office, and to perform his duties as the Union may require. The shop stew ard Shop ▇▇▇▇▇▇▇ shall be perform his duties with the last employee least inconvenience to be laid off in his classification in Employer as possible. He is not to use his store. The Union agrees position as Shop ▇▇▇▇▇▇▇ as an excuse to furnish the Employer a list of shop stewards and any necessary revisions of this list due avoid performing his duties to changeshis Employer.
B. 2. Should any differencesdifference, disputes, or com plaints complaints arise over the interpretation or applica tion application of the contents of this Agreement., there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly through the following steps:
Step STEP 1. : By conference between the aggrieved employee and/or employee, or the shop business agent, or both, and the Manager of- the store.
STEP 2: By conference between the Shop ▇▇▇▇▇▇▇ and/ ▇', or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievancebusiness agent, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the UnionSupervisor.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step STEP 3, it shall be referred within ten (10) calendar days to Step 3.
Step 3. : By conference between an official official, or officials of the Union and the Divi sional Vice PresidentPer sonnel Director, a representative or representatives of the Employer so delegated by the Divisional Vice Presi dentGeneral Manager, or both.
Step STEP 4. : In the event that the last step fails to settle satisfactorily the grievancecom plaint, it. shall be referred to the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion Board of Step Arbitration.
3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one (1) person appointed by the Union and one (1) person appointed by the Employer. Said two (2) persons shall, shall within ten two (102) days after dis agreement, disagreement request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator arbi trator shall be chosen by selected, and the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator arbitrator shall be paid for jointly. The Board of Arbitration shall have no right to modify, amend, add to, subtract from, or change in any way the terms of this Agreement, and the decision of the Board of Arbitration shall be final and binding on the employee, the Union, and the Employer.
D. 4. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing may file a written complaint within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly promptly, and if the Employer and the Union fail to agree within ten forty eight (1048) calendar dayshours, it shall be referred within twenty four (424) calendar days hours to the Board of Arbitration. Should the Board determine that it was an ax* unfair discharge, the Employer will shall reinstate the employee in accord ance accordance with the findings of the Board. The Union will be given written notification of any discharge within three (3) working days after discharge.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. 5. The manager Manager of a store shall grant to any accredited accredit, d Union official Official access to the store for the purpose of satisfying himself that the tl e terms of this Agreement are being complied with.
H. 6. The Employer shall have the right to call a confer<nee with the Shop ▇▇▇▇▇▇▇ or Officials of the Union for the purpose of discussinj his grievances or criti- cisins.
7. No employee shall be discriminated against because of Union affiliation or activities.
8. Employees shall have the unqualified right to regii ter complaints or grievan ces or to testify in any proceeding under the provision 8 of this Contract without in any way jeopardizing their employment status or beii g subject to discrimination.
9. No grievance will be discussed unless the above pre cedure has been followed.
10. Grievances must be taken up promptly, * and no grievance grie-1ances will be considered or discussed which is presented later than twenty thirty (2030) calendar ca. endar days after such has happened. 11* At any step in this grievance procedure the Executive Board of the Local Union shall have the final authority* in respect to any aggr: eved employee covered by this Agreement, to decline to process a grievance, com] laint, difficulty or dispute further if in the judgement of the Executive Board ▇▇▇) grievance or dispute lacks merit or lacks justification under the terras of this Aj reement to the satisfaction of the Executive Board.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Dispute Procedure. A. 1. Any grievance, controversy or dispute involving the interpretation of any provision of this Agreement, except wage claims or in cases governed by Article 3(A) of this Agreement, must be protested by the Union to the Employer, in writing, within fifteen (15) working days of the occurrence of such grievance, controversy or dispute, or such shall be null and void. Such written grievance, controversy or dispute shall set forth the nature of the grievance, including the material facts giving rise to the claim and the contract provision(s) allegedly violated. Any grievance, controversy or dispute by an Employer pursuant to this Agreement, except wage claims, must be protested by the Employer to the Union, in writing, within fifteen (15) working days of the occurrence of such grievance, controversy or dispute, or such shall be null and void. Such written grievance, controversy or dispute shall set forth the nature of the grievance, including the material facts giving rise to the claim and the contract provision(s) allegedly violated.
(a) Diligent effort shall be made by both sides to adjust such grievance, controversy or dispute amicably within thirty (30) days from the date the grievance, controversy or dispute is first brought to the attention of both parties.
(b) The thirty (30) day period may be extended by mutual agreement.
(c) If there is no extension of time for amicable settlement, the grievance, controversy or dispute may then be referred to arbitration within fifteen (15) days.
(d) The matter may be referred to arbitration by the sending of a letter by either the Union or the Employer requesting that the parties select a neutral arbitrator from the panel of fourteen (14) permanent neutral arbitrators set forth below. Unless otherwise mutually agreed, the arbitrator shall have be mutually selected from the right to designate a shop permanent panel by alternately deleting names from the panel until one last name remains. The panel of fourteen (14) permanent neutral arbitrators for the term of this Agreement shall be: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Block ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differences, disputes, or com plaints arise over the interpretation or applica tion of the contents of this Agreement, there shall be an ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly through the following steps:
Step 1. By conference between the aggrieved employee and/or the shop R. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager▇▇ ▇▇▇▇ ▇. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3.
Step 3▇. By conference between an official or officials of the Union and the Divi sional Vice President, a representative or representatives of the Employer delegated by the Divisional Vice Presi dent, or both.
Step 4▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. In the event the last step fails to settle the grievance, the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Board.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇
(e) If, because of refusal of either side to arbitrate, it becomes necessary for the other to file a petition to compel arbitration in the State or Federal courts, such petition shall be filed not later than sixty (60) days after said refusal to arbitrate.
(f) The findings of the arbitrator shall be binding upon the Union and the Employer, provided that the arbitrator shall not have the authority to change, alter or modify any of the terms or provisions of this Agreement.
(g) Failure to either settle the matter in dispute, or among themselves concerning dis putesto refer the matter to arbitration, or to file a petition to compel arbitration within the time periods set forth above shall not take place during working hours.
G. The manager of a store render such grievance, controversy, or dispute null and void and such claim shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. Grievances must be taken up promptlyforever barred, and no further action shall be taken. Nothing herein is intended to prevent either party from raising any subject proper for bargaining in future negotiations for successor agreements.
2. In the event of a grievance involving the interpretation of any provision of this Agreement, it is mutually agreed that no strike, work stoppage, lockout or other economic action will be considered employed by either the Employer or discussed which the Union.
3. Paragraph 2 is presented later than twenty (20) calendar days after inapplicable in cases where it is established between the Union and a representative of the Employer that an Employer failed to pay the wages and/or all contributions required under this Agreement, unless the Employer’s failure to pay involves disputed classification of employees or an interpretation of this Agreement. In the above instances described in this Paragraph, the aggrieved party has the right to take such has happenedeconomic action as it deems necessary.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Dispute Procedure. A. 5.01 The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for Shop Stewards in each store. The shop ▇▇▇▇▇▇▇ may Shop Stewards so designated shall not exceed six (6) per store, three (3) to act for as Stewards and three (3) to act as alternate Stewards.
5.02 The Company agrees to meet with the Union in signing up employees for Union membership initially twice a year to discuss any current outstanding labor issues and in explaining the func tions of the Union to employeesupdate each party about current trends. The shop stew ard shall number of meetings per year may be increased or decreased by mutual agreement. This meeting will include Union Officials, including Union Representatives and Company Officials including District Managers and District Operations Coordinators (District Ops). These meetings are in addition to the last employee to be laid off in his classification in his storecurrent Labor/Management meetings. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differences, disputes, disputes or com plaints complaints arise over the interpretation or applica tion application of the contents of this Agreement, Agreement there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly in a prompt and timely manner through the following steps:Steps outlined below.
Step 1. By conference between the aggrieved employee and/or employee, the shop Shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred Representative and the Store Manager within ten seven (107) calendar days to Step 2. Any of the submission or the presentation of the grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and Employer. The company will respond in writing to the UnionUnion within (7) seven days following the Step 1 grievance meeting.
Step 2. By conference between the shop ste Shop ▇▇▇▇, the authorized ▇▇▇ and/or Union representa tive Representative and the Zone ManagerDistrict HR Manager and/or District Operations Manager within fifteen (15) days of initial contact with the District HR Manager and/or District Operations Manager from Step 1. If this step does not settle the grievance, and The company will respond in writing to the Union wishes to take it to within seven (7) days following the Step 3, it shall be referred within ten 2 grievance meeting (10) calendar days to and/or Step 32 in 5.05 grievance meeting).
Step 3. By conference between an official or officials of the Union and and/or the Divi sional Vice President, Divisional President or a representative or representatives Representative of the Employer so delegated by a Divisional President or both within fifteen (15) days of initial contact by the Divisional Vice Presi dent, or bothUnion and/or Employer from Step 2. The company will respond in writing to the Union within seven (7) days following the Step 3 grievance meeting.
Step 4. In the event that the last step fails to settle the grievancecomplaint satisfactorily, the Union, either party if it desires to submit arbitrate the grievance to ar bitrationcomplaint, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if refer it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the BoardArbitration within thirty (30) days after Step 3 is completed.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. 5.03 Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty thirty (2030) calendar days after such has happened.
5.04 It is agreed that Steps 1 and 2 of this dispute procedure may be waived if mutually agreeable to the Employer and the Union.
5.05 Effective no later than 60 days following from June 18, 2017 all discharge/suspended pending further investigation shall proceed directly to the 2nd step of the grievance procedure as outlined above unless mutual consent is given by the Employer and the Union for an extension of the time limit.
5.06 It is the intent of both parties that grievances shall be handled promptly within the time limit specified in each step of the grievance procedure. However, time limits may be extended in any step of the grievance procedure by mutual consent.
5.07 After all steps of the grievance procedure, except arbitration, have been exhausted, the Union shall have the right to
5.08 The Union and the Employer shall select one (1) person who will act as their Representative to select an arbitrator and jointly request the Director of the Federal Mediation and Conciliation Service to furnish the parties a panel of seven (7) arbitrators from which the arbitrator shall be chosen. The arbitrator shall be chosen by the alternate striking of names within 45 days of receiving the panel. By mutual agreement between the parties, if the panel offered by the Federal Mediation and Conciliation Service is unacceptable to both parties, a second panel of seven (7) names may be jointly requested. The expenses of the arbitrator shall be paid for jointly. The arbitrator shall have no authority to amend, modify, or in any way alter the terms of this Agreement. The Employer nor the Union shall not refuse more than two dates that have been offered for hearing dates by the arbitrator unless mutually agreed to by the Employer and the Union in writing.
5.09 The Employer may at any time discharge any worker for proper cause The Union and the employee will be given written notification of any discharge within fourteen (14) working days after discharge and/or suspended pending further investigation.
5.10 Any employee who is interrogated concerning a matter of discipline is entitled to representation by the Union at that interrogation. If the meeting is a scheduled meeting, a ▇▇▇▇▇▇▇ or Union Representative may be requested by the employee.
5.11 No employee will be required to take a polygraph examination.
5.12 The Employer and the Union agree that a proven violation of established time clock rules including working before punching in or after punching out may subject such an employee to disciplinary action up to and including discharge.
5.13 The Fair Labor Standards Act as amended, requires among other things, that all time worked by employees be accurately recorded and that employees receive compensation for all time worked in excess of 40 (forty) hours in any work week at time and one-half (1 ½) their regular hourly rate of pay. The parties recognize and agree that strict compliance with this Act is in the best interest of the Employer, the Union and the employees. Therefore, the Employer will not request, suffer or permit any employee to work off the clock and the Union agrees to cooperate with and to assist the Employer in assuring strict compliance with this important Federal legislation.
5.14 An employee who is absent from work for three (3) consecutive working days without notifying the Store Manager will be considered to have voluntarily quit.
5.15 Constructive advice notices shall be issued no later than fourteen (14) days from the date of the incident or fourteen (14) days from the date that store management has knowledge of the incident, unless a delay is necessitated by circumstances beyond the control of store management such as absence by the employee or manager, key witnesses or the result of a complex investigation of the circumstances giving rise to the disciplinary incident. All constructive advice notices issued for an infraction of company rules or records of discipline, shall be stricken and become null and void nine (9) months from their date of issuance, provided the employee has not received another notice for the same type of infraction within that nine (9) month period.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Dispute Procedure. A. The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ store stewards for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differences, disputes, or com plaints complaints arise over the interpretation in terpretation or applica tion application of the contents contests of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly through the following steps:
Step 1. By conference between the aggrieved employee and/or the shop and-or store ▇▇▇▇▇▇▇ and/ ▇, Union business representative, or the authorized Union representa tive either, and the Manager manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union.
Step 2. By conference between the shop ste Union business representative and-or store ▇▇▇▇, the authorized Union representa tive ▇▇▇ and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3Store Supervisor.
Step 3. By conference between an official or officials of the Union and the Divi sional Division Mgr. of Industrial Relations (President or Divisional Vice President, a representative ) or representatives of the Employer delegated person designated by the Divisional Vice Presi dent, or bothhim.
Step step 4. In the event the last step fails to settle satisfactorily the grievancecomplaint, the Union, if it desires may be referred to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Unionarbitration by either party.
C. The Board In the event the parties cannot agree upon the selection of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two an arbitrator within fifteen (2) persons shall, within ten (1015) days after dis agreement, request the Director from date of referral of the controversy to arbitration, the arbitrator shall be selected in the following manner. The Federal Mediation and Conciliation Service shall be jointly requested by the parties to furnish name a panel of fifteen seven (157) arbitrators arbitrators. The parties shall then choose the arbitrator by alternately striking a name from which the third list until one ( 1) name remains as the arbitrator chosen by the parties and empowered to arbitrate the dispute. The arbitrator shall be chosen by authorized to rule and issue a decision and award in writing on anv issue presented for arbitration, including the alter nate striking question of names except that the aroitrability of such issue. His decision and award shall be final and binding upon the parties by mutual agreement may request an additional panel or panels to this Agreement. Where more than one employee is a part of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar dayscommon grievance, it shall be referred within four (4heard as a single grievance. The fees of the arbitrator shall be borne one-half ( Vi) calendar days by the Union and one-half ( ' h ) by the Employer party to the Board of Arbitrationarbitration. Should the Board determine that it was an unfair dischargeThe arbitrator shall have no power to add to, the Employer will reinstate the employee in accord ance with the findings subtract from, alter, amend, modify or project beyond its meaning any of the Boardterms and provisions of this Agreement. The time limit set forth in this Article may be extended upon mutual agreement of the parties.
E. D. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty fifteen (2015) calendar days after such has happenedhappened excepting for any and all claims involving wages, which may be presented within six ( 6) months. Grievances that have progressed through Step 1of the dispute procedure must be submitted in writing to be considered in Step 2.
E. The parties agree that grievances may arise of a general nature af fecting or tending to affect several employees, and that such grievances may be initiated at any of the above mentioned steps deemed appropriate by the parties.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Dispute Procedure. A. (A) A grievance is defined to be any disagreement between the Employer and the Union as to the interpretation or application of any provision of this Agreement. The Union shall have reserves the right to designate a shop ▇▇▇▇▇▇▇ for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changespresent grievances through its authorized representatives on either an individual or collective basis.
B. (B) Should any differencesdifference, disputes, dispute or com plaints complaints arise over the interpretation or applica tion ap plication of the contents any provisions of this Agreement, there shall should be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievance promptly through the following steps:
Step 1. By conference between the aggrieved employee and/or employee, the shop ▇▇▇▇▇▇▇ and/ or the authorized ▇, and/or Union representa tive representative, and the Manager manager of the store. If this step does the grievance is not settle the grievance, and the employee and/or the Union wishes to take it to Step 2settled within three (3) days, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by and a copy of the aggrieved employee with copies grievance shall be given to the Employer store manager and the Unionthen it shall be processed in Step 2.
Step 2. By conference between an official of the shop ste ▇▇▇▇Union, the authorized Union representa tive supervisor and a representative of the Zone ManagerEmployer. If this step does the grievance is not settle the grievance, and the Union wishes to take it to Step 3settled within five (5) days, it shall may be referred within ten (10) calendar days to Step 3arbitration as set forth in Section C below.
Step 3. By conference between an official or officials of the (C) The Union and the Divi sional Vice President, Employer shall appoint a representative or representatives of the Employer delegated by the Divisional Vice Presi dent, or both.
Step 4. In the event the last step fails to meet in an effort to settle the grievance, . If the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management representative of the Employer or to and the officials representative of the Union.
C. The Board of Arbitration Union fail to settle the complaint within forty-eight (48) hours, those two persons shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish provide a panel of fifteen (15) arbitrators persons from which the third arbitrator an Arbitrator shall be chosen selected by alternative strikes by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of namestwo represen tatives. The Arbitrator so selected shall decide the issue(s) submitted to him and his decision of the majority of the Board shall be binding on both partiesthe Union, the Employer, and the employee. The expense of the third arbi trator Arbitrator shall be paid for jointlydivided equally between the Employer and the Union. Only grievances involving the same issue may be heard by an Arbitrator at one time without the agreement of both the Employer and the Union. The Arbitrator shall not have the right to change any portion of this Agreement. In the event the Union and the Employer disagree on the interpretation and/or ap plication of a decision, then both parties shall request clarification from the Arbitrator, and such clarification shall become a part of the decision and shall be binding on the Union, the Employer, and the employee.
D. (D) The Employer may at any time discharge any worker employee for proper just cause. The Employer shall will notify the Union Union, in writing, of an employee’s discharge in writing within five (5) calendar days after the any discharge. The Union, if it wishes to contest the discharge, shall Union may file a written complaint with the Employer within ten seven (107) calendar days following postmarking date of the notice of dischargeafter notification, asserting that the discharge was charges were improper, and in setting forth its objections thereto. Such complaint must be taken up promptly promptly, and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Board.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty (20) calendar days after such has happened.forty-eight
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Dispute Procedure. A. 5.01 The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ four (4) Shop Stewards (two (2) stewards and two (2) alternate stewards) for each the store. The shop ▇▇▇▇▇▇▇ Shop Stewards may act for the Union in signing up employees for the collection of dues from Union membership members and in explaining the func tions facts and status of the Union to the employees. The shop stew ard Union shall notify the Employer of the Shop Stewards selected and any necessary revisions due to changes. The Shop Stewards shall be the last employee employees to be laid off in his classification in his storeoff.
5.02 The Company agrees to meet with the Union initially twice a year to discuss any current outstanding labor issues and update each party about current trends. The number of meetings per year may be increased or decreased by mutual agreement. This meeting will include Union agrees Officials, including Union Representatives and Company Officials, including District Managers and District Operations Coordinators (District Ops). These meetings are in addition to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. current Labor/Management meetings. Should any differences, disputes, disputes or com plaints complaints arise over the interpretation or applica tion application of the contents of this Agreement, Agreement there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly in a prompt and timely manner through the following steps:Steps outlined below.
Step 1. By conference between the aggrieved employee and/or employee, the shop Shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance▇, and the employee and/or the Union wishes to take it to Step 2, it shall be referred Representative and the Store Leader within ten seven (107) calendar days to Step 2. Any of the submission or the presentation of the grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and Employer. The company will respond in writing to the UnionUnion within (7) seven days following the Step 1 grievance meeting.
Step 2. By conference between the shop ste Shop ▇▇▇▇, the authorized ▇▇▇ and/or Union representa tive Representative and the Zone ManagerDistrict HR Manager and/or District Operations Manager within fifteen (15) days of initial contact with the District HR Manager and/or District Operations Manager from Step 1. If this step does not settle the grievance, and The company will respond in writing to the Union wishes to take it to within seven (7) days following the Step 3, it shall be referred within ten 2 grievance meeting (10) calendar days to and/or Step 32 in 5.05 grievance meeting).
Step 3. By conference between an official or officials of the Union and and/or the Divi sional Vice President, Divisional President or a representative or representatives Representative of the Employer so delegated by a Divisional President or both within fifteen (15) days of initial contact by the Divisional Vice Presi dent, Union and/or Employer from Step 2. The company will respond in writing to the Union within seven (7) days following the Step 3 grievance meeting. The Union and Employer agree that Step 3 may be conducted by video or bothaudio conference if both parties mutually agree.
Step 4. In the event that the last step fails to settle the grievancecomplaint satisfactorily, the Unioneither party, if it desires to submit arbitrate the grievance to ar bitrationcomplaint, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if refer it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the BoardArbitration within thirty (30) days after Step 3 is completed.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. 5.03 Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty thirty (2030) calendar days after such has happened.
5.04 It is agreed that Steps 1 and 2 of this dispute procedure may be waived if mutually agreeable to the Employer and the Union.
5.05 Effective no later than 60 days following ratification all discharge/suspended pending further investigation shall proceed directly to the 2nd step of the grievance procedure as outlined above unless mutual consent is given by the Employer and the Union for an extension of the time limit.
5.06 It is the intent of both parties that grievances shall be handled promptly within the time limit specified in each step of the grievance procedure. However, time limits may be extended in any step of the grievance procedure by mutual consent.
5.07 After all steps of the grievance procedure, except arbitration, have been exhausted, the Union shall have the right to determine if an employee’s grievance is qualified to be submitted to arbitration by the Union, and such determination shall be binding on the employee and the Union.
5.08 The Union and the Employer shall select one (1) person who will act as their Representative to select an arbitrator and jointly request the Federal Mediation and Conciliation Service to furnish the parties a panel of seven (7) arbitrators from which the arbitrator shall be chosen. The arbitrator shall be chosen by the alternate striking of names within 45 days of receiving the panel. By mutual agreement between the parties, if the panel offered by the Federal Mediation and Conciliation Service is unacceptable to both parties, a second panel of seven (7) names may be jointly requested. The expenses of the arbitrator shall be paid for jointly. The arbitrator shall have no authority to amend, modify, or in any way alter the terms of this Agreement. The Employer nor the Union shall not refuse more than two dates that have been offered for hearing dates by the arbitrator unless mutually agreed to by the Employer and the Union in writing.
5.09 The Employer may at any time discharge any worker for proper cause. The Union and the employee will be given written notification of any discharge within fourteen (14) working days after discharge and/or suspended pending further investigation.
5.10 Any employee who is interrogated concerning a matter of discipline is entitled to representation by the Union at that interrogation. If the meeting is a scheduled meeting, a ▇▇▇▇▇▇▇ or Union Representative may be requested by the employee.
5.11 No employee will be required to take a polygraph examination.
5.12 The Employer and the Union agree that a proven violation of established time clock rules including working before punching in or after punching out may subject such an employee to disciplinary action up to and including discharge. When requested to do so, the Employer shall make such records available at a reasonable time to an authorized representative of the Union for examination.
5.13 The Fair Labor Standards Act as amended, requires among other things, that all time worked by employees be accurately recorded and that employees receive compensation for all time worked in excess of 40 (forty) hours in any work week at time and one-half (1 ½) their regular hourly rate of pay. The parties recognize and agree that strict compliance with this Act is in the best interest of the Employer, the Union and the employees. Therefore, the Employer will not request, suffer or permit any employee to work off the clock and the Union agrees to cooperate with and to assist the Employer in assuring strict compliance with this important Federal legislation. So that discipline will be applied consistently and uniformly, the following steps will be taken to discipline employees who violate the “Fair Labor Standards Act” as stated herein.
5.14 An employee who is absent from work for three (3) consecutive working days without notifying the Store Leader will be considered to have voluntarily quit.
5.15 Constructive advice notices shall be issued no later than fourteen (14) days from the date of the incident or fourteen (14) days from the date that store management has knowledge of the incident, unless a delay is necessitated by circumstances beyond the control of store management such as absence by the employee or manager, key witnesses or the result of a complex investigation of the circumstances giving rise to the disciplinary incident. All constructive advice notices issued for an infraction of company rules or records of discipline, shall be stricken and become null and void nine (9) months from their date of issuance, provided the employee has not received another notice for the same type of infraction within that nine (9) month period.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. (a) The Union shall have the right to designate appoint or elect a shop ▇▇▇▇▇▇▇ for each store. The shop and an Assistant ▇▇▇▇▇▇▇ may act for in the Union in signing up employees for Union membership and in explaining the func tions yard, one of the Union to employees. The shop stew ard whom shall be a Chief ▇▇▇▇▇▇▇, to assist employees in presenting their grievances to the last employee to be laid off in his classification in his storeEmployer and supervise the administration of this agreement. The Union agrees to furnish that it will keep the Employer supplied with a list of shop stewards the Stewards and officers and any necessary revisions changes that occur. The Employer agrees to notify the Union within three (3) working days from the date the ▇▇▇▇▇▇▇ is suspended or discharged.
(b) The Employer agrees that a meeting will be held at least once a month, if necessary, between the Employer and the Union to discuss grievances or joint operational problems. Such meetings shall be held at a time agreeable to both parties. There shall be no loss of wages to the Stewards up to their normal quitting time. This clause shall in no way effect the time limits as provided in the grievance and arbitration procedure of this list due to changesagreement. Any deviation from the grievance and arbitration procedure in this agreement shall be mutually agreed upon.
B. Should any (c) It is understood that a ▇▇▇▇▇▇▇'▇ duties shall in no way conflict with his duties to the Employer, and he shall be held responsible for the same quantity and quality of work as other employees.
(d) Stewards shall be allowed reasonable time during working hours to perform Union business, provided they first obtain permission from their immediate superior.
6.02 Any differences, disputes, disputes or com plaints arise complaints arising over the interpretation or applica tion application of the contents of this Agreement, there agreement shall be submitted in writing in triplicate on forms supplied by the Union and signed by the employee. There shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievances promptly through the following steps:
Step 1. STEP 1 - By a conference between the aggrieved employee and/or the shop and his immediate superior. The employee may be accompanied by his ▇▇▇▇▇▇▇. The ▇▇▇▇▇▇▇ and/ or shall give his decision within two (2) full working days. Failing settlement, then...
STEP 2 - Within five (5) full working days following the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled decision in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3.
Step 3. By conference between an official or officials of the Union and the Divi sional Vice President, a representative or shall meet with representatives of the Employer delegated by Employer, at which time the Divisional Vice Presi dent, or both.
Step 4. In the event the last step fails to settle the grievance, the Union, if it desires to submit written record of the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of namespresented. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge given in writing within five (5) calendar full working days after following the discharge. The Unionmeeting.
6.03 Failing settlement under Step 2 of any difference between the parties arising from the interpretation, administration or alleged violation of this agreement, including any question as to whether or not a matter is arbitrable, such difference may be taken to arbitration as hereinafter provided, and if it wishes to contest the discharge, shall file a no written complaint with the Employer request for arbitration is received within ten (10) calendar full working days following postmarking date after the decision in Step 2 is given, it shall be deemed to have been abandoned.
6.04 No complaint or grievance may be submitted or considered under the grievance procedure unless it has been presented within five (5) working days from the time of the notice of discharge, asserting that the discharge was improper. Such its occurrence.
6.05 Any complaint must or grievance concerning or affecting a group on employees shall be taken up promptly and if originated under Step 2.
6.06 Any complaint or grievance arising directly between the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board originated under Step 2.
6.07 A claim by an employee that he has been unjustly discharged shall be treated as a grievance if a written statement of Arbitration. Should the Board determine that it was an unfair discharge, such grievance is lodged with the Employer will reinstate within five (5) working days after the employee discharge is effected. Such special grievance may be settled under the Dispute Procedure by -
(a) confirming the Employer's action in accord ance dismissing the Employee;
(b) reinstating the Employee with the findings of the Board.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇full compensation for lost time, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to (c) by any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. Grievances must other arrangement which may be taken up promptly, deemed just and no grievance will be considered or discussed which is presented later than twenty (20) calendar days after such has happened.equitable
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. 5.01 The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ four (4) Shop Stewards (two (2) stewards and two (2) alternate stewards) for each the store. The shop ▇▇▇▇▇▇▇ Shop Stewards may act for the Union in signing up employees for the collection of dues from Union membership members and in explaining the func tions facts and status of the Union to the employees. The shop stew ard Union shall notify the Employer of the Shop Stewards selected and any necessary revisions due to changes. The Shop Stewards shall be the last employee employees to be laid off in his classification in his storeoff.
5.02 The Company agrees to meet with the Union initially twice a year to discuss any current outstanding labor issues and update each party about current trends. The number of meetings per year may be increased or decreased by mutual agreement. This meeting will include Union agrees Officials, including Union Representatives and Company Officials including District Managers and District Operations Coordinators (District Ops). These meetings are in addition to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. current Labor/Management meetings. Should any differences, disputes, disputes or com plaints complaints arise over the interpretation or applica tion application of the contents of this Agreement, Agreement there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly in a prompt and timely manner through the following steps:Steps outlined below.
Step 1. By conference between the aggrieved employee and/or employee, the shop Shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred Representative and the Store Leader within ten seven (107) calendar days to Step 2. Any of the submission or the presentation of the grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and Employer. The company will respond in writing to the UnionUnion within (7) seven days following the Step 1 grievance meeting.
Step 2. By conference between the shop ste Shop ▇▇▇▇, the authorized ▇▇▇ and/or Union representa tive Representative and the Zone ManagerDistrict HR Manager and/or District Operations Manager within fifteen (15) days of initial contact with the District HR Manager and/or District Operations Manager from Step 1. If this step does not settle the grievance, and The company will respond in writing to the Union wishes to take it to within seven (7) days following the Step 3, it shall be referred within ten 2 grievance meeting (10) calendar days to and/or Step 32 in 5.05 grievance meeting).
Step 3. By conference between an official or officials of the Union and and/or the Divi sional Vice President, Divisional President or a representative or representatives Representative of the Employer so delegated by a Divisional President or both within fifteen (15) days of initial contact by the Divisional Vice Presi dent, Union and/or Employer from Step 2. The company will respond in writing to the Union within seven (7) days following the Step 3 grievance meeting. The Union and Employer agree that Step 3 may be conducted by video or bothaudio conference if both parties mutually agree.
Step 4. In the event that the last step fails to settle the grievancecomplaint satisfactorily, the Union, either party if it desires to submit arbitrate the grievance to ar bitrationcomplaint, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if refer it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the BoardArbitration within thirty (30) days after Step 3 is completed.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. 5.03 Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty thirty (2030) calendar days after such has happened.
5.04 It is agreed that Steps 1 and 2 of this dispute procedure may be waived if mutually agreeable to the Employer and the Union.
5.05 Effective no later than 60 days following ratification all discharge/suspended pending further investigation shall proceed directly to the 2nd step of the grievance procedure as outlined above unless mutual consent is given by the Employer and the Union for an extension of the time limit.
5.06 It is the intent of both parties that grievances shall be handled promptly within the time limit specified in each step of the grievance procedure. However, time limits may be extended in any step of the grievance procedure by mutual consent.
5.07 After all steps of the grievance procedure, except arbitration, have been exhausted, the Union shall have the right to determine if an employee’s grievance is qualified to be submitted to arbitration by the Union, and such determination shall be binding on the employee and the Union.
5.08 The Union and the Employer shall select one (1) person who will act as their Representative to select an arbitrator and jointly request the Federal Mediation and Conciliation Service to furnish the parties a panel of seven (7) arbitrators from which the arbitrator shall be chosen. The arbitrator shall be chosen by the alternate striking of names within 45 days of receiving the panel. By mutual agreement between the parties, if the panel offered by the Federal Mediation and Conciliation Service is unacceptable to both parties, a second panel of seven (7) names may be jointly requested. The expenses of the arbitrator shall be paid for jointly. The arbitrator shall have no authority to amend, modify, or in any way alter the terms of this Agreement. The Employer nor the Union shall not refuse more than two dates that have been offered for hearing dates by the arbitrator unless mutually agreed to by the Employer and the Union in writing.
5.09 The Employer may at any time discharge any worker for proper cause. The Union and the employee will be given written notification of any discharge within fourteen (14) working days after discharge and/or suspended pending further investigation.
5.10 Any employee who is interrogated concerning a matter of discipline is entitled to representation by the Union at that interrogation. If the meeting is a scheduled meeting, a ▇▇▇▇▇▇▇ or Union Representative may be requested by the employee.
5.11 No employee will be required to take a polygraph examination.
5.12 The Employer and the Union agree that a proven violation of established time clock rules including working before punching in or after punching out may subject such an employee to disciplinary action up to and including discharge. When requested to do so, the Employer shall make such records available at a reasonable time to an authorized representative of the Union for examination.
5.13 The Fair Labor Standards Act as amended, requires among other things, that all time worked by employees be accurately recorded and that employees receive compensation for all time worked in excess of 40 (forty) hours in any work week at time and one-half (1 ½) their regular hourly rate of pay. The parties recognize and agree that strict compliance with this Act is in the best interest of the Employer, the Union and the employees. Therefore, the Employer will not request, suffer or permit any employee to work off the clock and the Union agrees to cooperate with and to assist the Employer in assuring strict compliance with this important Federal legislation. So that discipline will be applied consistently and uniformly, the following steps will be taken to discipline employees who violate the “Fair Labor Standards Act” as stated herein:
5.14 An employee who is absent from work for three (3) consecutive working days without notifying the Store Leader will be considered to have voluntarily quit.
5.15 Constructive advice notices shall be issued no later than fourteen (14) days from the date of the incident or fourteen (14) days from the date that store management has knowledge of the incident, unless a delay is necessitated by circumstances beyond the control of store management such as absence by the employee or manager, key witnesses or the result of a complex investigation of the circumstances giving rise to the disciplinary incident. All constructive advice notices issued for an infraction of company rules or records of discipline shall be stricken and become null and void nine (9) months from their date of issuance, provided the employee has not received another notice for the same type of infraction within that nine (9) month period.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differences, disputes, dispute or com plaints complaints arise over the interpretation or applica tion application of the contents c on te nts of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort ▇▇ fort on the part of both parties to settle such promptly through the following steps:
Step 1. By conference between the aggrieved employee and/or ag grieved employee, the shop ▇▇▇▇▇▇▇ and/ ▇, or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievanceboth, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Unionstore manager.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive busi ness agent and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3zone manager.
Step 3. By conference between an official or officials of the Union and the Divi sional Vice per sonnel manager, the Divisional Vice- President, or a representative or representatives of the Employer delegated Employer, designated by the Divisional Vice Presi dent, or bothVice-President.
Step 4. In the event that the last step fails to settle s e t t l e satisfactorily the grievancecom plaint, the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly be referred to the management Board of the Employer or to the officials of the UnionArbitration.
C. The Board of Arbitration shall consist con sist of one person appointed by the Union and one person appointed by the EmployerEmploy er, and an impartial third party chosen by the first two. Said two If the third arbitrator cannot be chosen within three (2) persons shall, within ten (103) days after dis agreement, request the Director of then the Federal Mediation and Conciliation Concilia tion Service will be requested to furnish a panel of fifteen (15) arbitrators names from which the third arbitrator shall may be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of nameschosen. The decision of the majority of the Board shall be binding on both parties. The expense expenses of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge dis charge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Board.The
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. Grievances must be taken up promptlyprompt ly, and no grievance will be considered considered, discussed or discussed become arbitrable which is presented later than twenty twelve (2012) calendar days after such has happened.
F. The Employer shall have the right to call a conference with a shop ▇▇▇▇▇▇▇ or officials of the Union for the purpose of discussing his grievances, criticisms, or other problems.
G. Grievances will be discussed o n l y through the outlined procedure, except in cases where there are no shop stewards Step 1 shall be omitted.
H. Any accredited Union official shall be granted access to the store for the pur pose of satisfying himself that the terms of the Agreement are being complied with, but such official shall not interfere with the duties of employees or the business of the Employer.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. A grievance is defined to be any disagreement between the Employer and the Union as to the interpretation or application of any provision of this Agreement. The Union shall have reserves the right to designate a shop ▇▇▇▇▇▇▇ for each storepresent grievances through it's authorized representatives on either an individual or collective basis. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differencesdifference, disputes, dispute or com plaints complaints arise over the interpretation or applica tion application of the contents any provisions of this Agreement, there shall should be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievances promptly through the following steps:
Step 1. By conference between the aggrieved employee and/or the shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3.
Step 3. By conference between an official or officials of the Union and the Divi sional Vice President, a representative or representatives of the Employer delegated by the Divisional Vice Presi dent, or both.
Step 4. In the event the last step fails to settle the grievance, the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Board.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. Grievances must be taken up promptly, and no grievance shall be discussed unless the outlined procedure has been followed. Grievances must be presented or discussed at a conference between the aggrieved employee, the Shop ▇▇▇▇▇▇▇ and/or Union Representative, and the Store Manager within ten (10) days after the grievance has occurred, or the grievance will not be considered. In the event of a discharge of an employee who has completed the probationary period the employer will notify the Shop ▇▇▇▇▇▇▇ or Business agent of such discharge immediately. If the grievance is not settled within three (3) days, it shall be reduced to writing and a copy of the grievance shall be given to the Store Manager and then it shall be processed in Step 2.
Step 2. By conference between an official of the Union, the Supervisor, and a Representative of the Employer. If the grievance is not settled within five (5) days, it may be referred to arbitration as set forth in the next paragraph.
Step 3. The Union shall give the Employer written notice of it's decision to ▇▇▇▇▇▇▇▇▇ said grievance. The parties shall make an ▇▇▇▇▇▇▇ effort to agree on an arbitrator to hear said grievance and if they cannot agree on such arbitrator, a list of seven names of arbitrators will be considered or discussed which is presented later than twenty requested from the Federal Mediation and Conciliation Service. Each party shall strike three (203) calendar days after names from such has happenedlist, and the person whose name remains on said list shall be the arbitrator. The cost of the arbitration shall be shared equally by the Employer and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differencesAny difference, disputes, dispute or com plaints arise complaint arising over the interpretation or applica tion application of the contents Agreement shall be submitted in writing in triplicate on forms supplied by the Union and signed by the employee within a period of this Agreement, there shall days after the circumstances given rise to the grievance occurred or originated. There be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievance promptly through the following steps:
Step 1. : By a conference between the aggrieved employee and/or the shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievanceemployee, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3.
Step 3. By conference between an official or officials of the Union and the Divi sional Vice President, a representative or representatives of the Employer delegated by the Divisional Vice Presi dent, or both.
Step 4. In the event the last step fails to settle the grievance, the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Board.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇ and the ▇▇▇▇▇▇▇. By a conference between an or officials of the Union and management of the Company involved. is agreed that not more than ten (10) working days will elapse from the time a grievance is first instituted until it is dealt with in Step Any difference arising directly between the Union and an Employer may be submitted in Writing by either party under Step and not settled the matter may be submitted to arbitration. any event the grievance is not satisfactorily settled between the Management of the Company involved and the Union, or among themselves concerning dis putesit may be referred to a Board of Arbitration. The Board of Arbitration shall consist of three arbitrators, one to be appointed by the Company involved, one by the Union and the third to be selected by the two so appointed. The party desiring arbitration shall appoint his arbitrator and shall give notice in writing to the other party of such appointment. In the event of the two arbitrators so appointed being unable within three days to select a third arbitrator able and willing to act, either party may apply to the Minister of Labour for the Province of Ontario to appoint a Chairman of the Arbitration Board. The Board of Arbitrators so constituted of three members shall then forthwith consider and determine the matter at issue which have been submitted to them for disposal, and the decision of a majority of the Arbitration board, shall not take place during working hours.
G. The manager be final and binding on all parties concerned provided that if there is no majority the decision of the Chairman governs. Each of the parties hereto will bear the expense of the Arbitrator appointed by it and the parties will jointly bear the expense of the Chairman of the Arbitration Board. A claim by an employee that he has been unjustly discharged shall be treated as a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. Grievances must grievance and may be taken up promptly, and no to arbitration if a written statement of such grievance will be considered or discussed which is presented later than twenty lodged with the Employer involved under Step within five (205) calendar working days after such has happened.discharge is effected. Such special grievance may be settled under the grievance procedure by:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. A grievance is defined to be any disagreement between the Employer and the Union as to the interpretation or application of any provision of this Agreement. The Union shall have reserves the right to designate a shop ▇▇▇▇▇▇▇ for each storepresent grievances through it's authorized representatives on either an individual or collective basis. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differencesdifference, disputes, dispute or com plaints complaints arise over the interpretation or applica tion application of the contents any provisions of this Agreement, there shall should be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such grievances promptly through the following steps:
Step 1. By conference between the aggrieved employee and/or the shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3.
Step 3. By conference between an official or officials of the Union and the Divi sional Vice President, a representative or representatives of the Employer delegated by the Divisional Vice Presi dent, or both.
Step 4. In the event the last step fails to settle the grievance, the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Board.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. Grievances must be taken up promptly, and no grievance shall be discussed unless the outlined procedure has been followed. Grievances must be presented or discussed at a conference between the aggrieved employee, the Shop ▇▇▇▇▇▇▇ and/or Union Representative, and the Store Manager within ten (10) days after the grievance has occurred, or the grievance will not be considered. In the event of a discharge of an employee who has completed the probationary period the employer will notify the Shop ▇▇▇▇▇▇▇ or Business agent of such discharge immediately. If the grievance is not settled within three (3) days, it shall be reduced to writing and a copy of the grievance shall be given to the Store Manager and then it shall be processed in Step 2.
Step 2. By conference between an official of the Union, the Supervisor, and a Representative of the Employer. If the grievance is not settled within five (5) days, it may be referred to arbitration as set forth in the next paragraph.
Step 3. The Union shall give the Employer written notice of it's decision to arbitrate said grievance. The parties shall make an ▇▇▇▇▇▇▇ effort to agree on an arbitrator to hear said grievance and if they cannot agree on such arbitrator, a list of seven names of arbitrators will be considered or discussed which is presented later than twenty requested from the Federal Mediation and Conciliation Service. Each party shall strike three (203) calendar days after names from such has happenedlist, and the person whose name remains on said list shall be the arbitrator. The cost of the arbitration shall be shared equally by the Employer and the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. (a) The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for each store. The shop Union shall submit to the Employer in writing the names o f all such Stewards. The authority o f the Stewards shall be limited to and shall not exceed the investigation and presentation of grievances in accordance with the provisions o f this collective bar gaining agreement, and the handling of such Union business as may be delegated to them from time to time by the Union. A ▇▇▇▇▇▇▇ may act for does not have the Union in signing up employees for Union membership and in explaining authority to call a strike, work stoppage, slow down, refusal to handle goods, or any other interference with the func tions of the Union to employeesEmployer’s business. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. Should any differences, disputes, or com plaints arise over the interpretation or applica tion of the contents of this Agreement, there shall be an ▇▇▇▇▇▇▇ shall obtain permission before leaving his work to investigate or present grievances. Permission will be granted except when it would interfere with customer service or the efficient operation o f the Employer’s business. The ▇▇▇▇▇▇▇ is not to use his position as Shop ▇▇▇▇▇▇▇ to avoid performing his duties to his Employer.
(b) The Employer and the Union shall make a sincere effort on to promptly settle any differences, disputes or complaints arising over the part interpretation or application of both parties to settle such promptly the contents o f this Agreement through the following steps:
Step 1. By conference between the aggrieved agrieved employee and/or the shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and/or Business Agent and the Store Manager of and/or the storeDistrict Manager within three (3 ) weeks after the happening o f the event causing the grievance. If this step does the grievance is not settle the grievance, and the employee and/or the Union wishes to take it to Step 2settled within three (3 ) working days, it shall be referred within ten (10) calendar days to processed in Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the Union.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive Business Agent and the Zone Division Manager o f Stores Operations and the Division Employee Relations Manager. If this step does the grievance is not settle the grievance, and the Union wishes to take it to Step 3settled within five (5 ) working days, it shall be referred within ten (10) calendar days to processed in Step 3.
Step 3. By The Union shall submit in writing all pertinent facts pertaining to the grievance and a conference shall be held between an official or officials of representatives o f the Union and the Divi sional Vice President, a representative or Employee Relations Manager and other representatives of o f the Employer so delegated by the Divisional Vice Presi dentEmployer. If the grievance is not settled within five (5 ) days, it may, upon the request o f the Union or boththe Employer, be referred to arbitration.
Step 4. In (c) Hearings in arbitration shall be conducted under the event voluntary labor arbitration rules o f the last step fails American Arbitration Associ ation to settle the grievance, extent that they are not in conflict with the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained procedure provided in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Unionarticle.
C. (d) The Board of o f Arbitration shall consist of o f one (1 ) person appointed by the Union and one (1 ) person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request If the Director representative of the Federal Mediation Union and Conciliation Service the representative o f the Employer fail to furnish a panel of fifteen satisfactorily settle the complaint within forty-eight (1548 ) arbitrators from which the third arbitrator hours, those two persons shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request then select an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of namesArbitrator. The decision of the majority of Arbitrator selected shall then constitute the Board o f Arbitration and his decision shall be binding on the employee and both parties. The expense of expenses incurred in the third arbi trator arbitration proceedings, such as hearing room, stenographer, transcript for each party and the Arbitrator’s fees shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify divided equally between the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of ArbitrationEmployer. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Board.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store Permanent Arbitrators for the purpose of satisfying himself that the terms of o f this Agreement are being complied with.
H. Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty (20) calendar days after such has happened.contract are:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. 5.1 Should any differences, disputes including safety disputes, or com plaints complaints arise over the interpretation or applica tion application of the contents of this AgreementAgreement including claims of discrimination by any employee against the Employer relating to sex, race, religion, age, national origin, handicap, union activity, the family medical leave act and alleged retaliation relating to any workers compensation act, there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly through the following steps:
Step 1. By Within seven (7) workdays after the written grievance is given to the Human Resources Director or Plant Manager, by conference between the aggrieved employee and/or involved together with the shop ▇▇▇▇▇▇▇, (from any shift if the ▇▇▇▇▇▇▇ and/ or from the authorized Union representa tive and the Manager of the store. If this step does employees’ shift is not settle the grievanceavailable) a Human Resources representative, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and the UnionDepartment Manager.
Step 2. By Within seven (7) workdays after the conclusion of the conference described in Step 1, by conference between the shop ste ▇▇▇▇, the authorized Union representa tive Representative and the Zone Manager. If this step does Plant Manager and/or Human Resource representative if not settle the grievance, and the Union wishes to take it to resolved in Step 3, it shall be referred within ten (10) calendar days to Step 31.
Step 3. By Within seven (7) workdays after the conclusion of the conference between described in Step 2, by conference an official or officials of the Union and the Divi sional Vice President, a representative or representatives of the Employer delegated by the Divisional Vice Presi dent, or bothif not resolved in Step 2.
Step 4. In the event that the last step fails to settle satisfactorily the Complaint (grievance), it shall be referred to arbitration.
5.2 In any case in which an employee is aggrieved and the Union promptly notifies the employee that it does not intend to request arbitration after the Step 3 meeting, the Union, if it desires to submit time for requesting arbitration shall be stayed pending the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion employees’ exhaustion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly internal union appeals to the management of the Employer or to the officials of the Union’s Executive Board.
C. 5.3 The Board of Arbitration parties shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen seven (157) arbitrators from which the third arbitrator shall may be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both partieschosen. The expense of the third arbi trator arbitrator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify 5.4 In the event of alleged unfair discharge, the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall must file a written complaint with the Employer within ten seven (107) calendar days following postmarking date of after the notice day of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board arbitrator determine that it was an unfair discharge, the Employer will shall reinstate the employee in accord ance accordance with the findings finding of the Boardarbitrator, which shall be final and binding.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. 5.5 Grievances must be taken up promptly, and no grievance will be considered considered, discussed or discussed become arbitrable which is presented later than twenty seven (207) calendar days after such has happened.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. 5.01 The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ four (4) Shop Stewards (two (2) stewards and two (2) alternate stewards) for each the store. The shop ▇▇▇▇▇▇▇ Shop Stewards may act for the Union in signing up employees for the collection of dues from Union membership members and in explaining the func tions facts and status of the Union to the employees. The shop stew ard Union shall notify the Employer of the Shop Stewards selected and any necessary revisions due to changes. The Shop Stewards shall be the last employee employees to be laid off in his classification in his storeoff.
5.02 The Company agrees to meet with the Union initially twice a year to discuss any current outstanding labor issues and update each party about current trends. The number of meetings per year may be increased or decreased by mutual agreement. This meeting will include Union agrees Officials, including Union Representatives and Company Officials including District Managers and District Operations Coordinators (District Ops). These meetings are in addition to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changes.
B. current Labor/Management meetings. Should any differences, disputes, disputes or com plaints complaints arise over the interpretation or applica tion application of the contents of this Agreement, Agreement there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly in a prompt and timely manner through the following steps:Steps outlined below.
Step 1. By conference between the aggrieved employee and/or employee, the shop Shop ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred Representative and the Store Leader within ten seven (107) calendar days to Step 2. Any of the submission or the presentation of the grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer and Employer. The company will respond in writing to the UnionUnion within (7) seven days following the Step 1 grievance meeting.
Step 2. By conference between the shop ste Shop ▇▇▇▇, the authorized ▇▇▇ and/or Union representa tive Representative and the Zone ManagerDistrict HR Manager and/or District Operations Manager within fifteen (15) days of initial contact with the District HR Manager and/or District Operations Manager from Step 1. If this step does not settle the grievance, and The company will respond in writing to the Union wishes to take it to within seven (7) days following the Step 3, it shall be referred within ten 2 grievance meeting (10) calendar days to and/or Step 32 in 5.05 grievance meeting).
Step 3. By conference between an official or officials of the Union and and/or the Divi sional Vice President, Divisional President or a representative or representatives Representative of the Employer so delegated by a Divisional President or both within fifteen (15) days of initial contact by the Divisional Vice Presi dent, Union and/or Employer from Step 2. The company will respond in writing to the Union within seven (7) days following the Step 3 grievance meeting. The Union and Employer agree that Step 3 may be conducted by video or bothaudio conference if both parties mutually agree.
Step 4. In the event that the last step fails to settle the grievancecomplaint satisfactorily, the Union, either party if it desires to submit arbitrate the grievance to ar bitrationcomplaint, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly to the management of the Employer or to the officials of the Union.
C. The Board of Arbitration shall consist of one person appointed by the Union and one person appointed by the Employer. Said two (2) persons shall, within ten (10) days after dis agreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third arbitrator shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen (15) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of names. The decision of the majority of the Board shall be binding on both parties. The expense of the third arbi trator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if refer it wishes to contest the discharge, shall file a written complaint with the Employer within ten (10) calendar days following postmarking date of the notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the Union fail to agree within ten (10) calendar days, it shall be referred within four (4) calendar days to the Board of Arbitration. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the BoardArbitration within thirty (30) days after Step 3 is completed.
E. No grievance will be discussed unless the out lined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedure.
F. Lengthy discussions between employees and representatives of the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. The manager of a store shall grant to any accredited Union official access to the store for the purpose of satisfying himself that the terms of this Agreement are being complied with.
H. 5.03 Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty thirty (2030) calendar days after such has happened.
5.04 It is agreed that Steps 1 and 2 of this dispute procedure may be waived if mutually agreeable to the Employer and the Union.
5.05 Effective no later than 60 days following ratification all discharge/suspended pending further investigation shall proceed directly to the 2nd step of the grievance procedure as outlined above unless mutual consent is given by the Employer and the Union for an extension of the time limit.
5.06 It is the intent of both parties that grievances shall be handled promptly within the time limit specified in each step of the grievance procedure. However, time limits may be extended in any step of the grievance procedure by mutual consent.
5.07 After all steps of the grievance procedure, except arbitration, have been exhausted, the Union shall have the right to determine if an employee’s grievance is qualified to be submitted to arbitration by the Union, and such determination shall be binding on the employee and the Union.
5.08 The Union and the Employer shall select one (1) person who will act as their Representative to select an arbitrator and jointly request the Federal Mediation and Conciliation Service to furnish the parties a panel of seven (7) arbitrators from which the arbitrator shall be chosen. The arbitrator shall be chosen by the alternate striking of names within 45 days of receiving the panel. By mutual agreement between the parties, if the panel offered by the Federal Mediation and Conciliation Service is unacceptable to both parties, a second panel of seven (7) names may be jointly requested. The expenses of the arbitrator shall be paid for jointly. The arbitrator shall have no authority to amend, modify, or in any way alter the terms of this Agreement. The Employer nor the Union shall not refuse more than two dates that have been offered for hearing dates by the arbitrator unless mutually agreed to by the Employer and the Union in writing.
5.09 The Employer may at any time discharge any worker for proper cause. The Union and the employee will be given written notification of any discharge within fourteen (14) working days after discharge and/or suspended pending further investigation.
5.10 Any employee who is interrogated concerning a matter of discipline is entitled to representation by the Union at that interrogation. If the meeting is a scheduled meeting, a ▇▇▇▇▇▇▇ or Union Representative may be requested by the employee.
5.11 No employee will be required to take a polygraph examination.
5.12 The Employer and the Union agree that a proven violation of established time clock rules including working before punching in or after punching out may subject such an employee to disciplinary action up to and including discharge. When requested to do so, the Employer shall make such records available at a reasonable time to an authorized representative of the Union for examination.
5.13 The Fair Labor Standards Act as amended, requires among other things, that all time worked by employees be accurately recorded and that employees receive compensation for all time worked in excess of 40 (forty) hours in any work week at time and one-half (1 ½) their regular hourly rate of pay. The parties recognize and agree that strict compliance with this Act is in the best interest of the Employer, the Union and the employees. Therefore, the Employer will not request, suffer or permit any employee to work off the clock and the Union agrees to cooperate with and to assist the Employer in assuring strict compliance with this important Federal legislation. So that discipline will be applied consistently and uniformly, the following steps will be taken to discipline employees who violate the “Fair Labor Standards Act” as stated herein.
5.14 An employee who is absent from work for three (3) consecutive working days without notifying the Store Leader will be considered to have voluntarily quit.
5.15 Constructive advice notices shall be issued no later than fourteen (14) days from the date of the incident or fourteen (14) days from the date that store management has knowledge of the incident, unless a delay is necessitated by circumstances beyond the control of store management such as absence by the employee or manager, key witnesses or the result of a complex investigation of the circumstances giving rise to the disciplinary incident. All constructive advice notices issued for an infraction of company rules or records of discipline, shall be stricken and become null and void nine (9) months from their date of issuance, provided the employee has not received another notice for the same type of infraction within that nine (9) month period.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Dispute Procedure. A. Section 4.01 The Union shall have the right to designate a shop ▇▇▇▇▇▇▇ for each store. The shop ▇▇▇▇▇▇▇ may act for the Union in signing up employees for Union membership and in explaining the func tions of the Union to employees. The shop stew ard shall be the last employee to be laid off in his classification in his store. The Union agrees to furnish the Employer a list of shop stewards and any necessary revisions of this list due to changesstore stewards.
B. Section 4.02 It is agreed that agreements and settlements reached will be on a non-precedent setting basis and will have no bearing on any other grievance or settlement. Should any differences, disputes, disputes or com plaints complaints arise over the interpretation or applica tion application of the contents of this Agreement, there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to settle such promptly through the following steps:
Step 1. No grievance will be considered or discussed which is presented later than ten (10) calendar days after such has happened. Where an employee has no knowledge that he is aggrieved until he receives his paycheck for the period in question, such ten (10) calendar days shall date from the day that he received such pay. By conference between the aggrieved employee and/or the shop union representative and/or the store owner or his designee.
Step 2. If not settled in step 1 the grievance must be presented in writing. The written grievance shall include statement of the grievance, date of the occurrence, parties involved, and a statement of the provision of the agreement alleged to have been violated. By conference between the store ▇▇▇▇▇▇▇ and/ or the authorized Union representa tive and the Manager of the store. If this step does not settle the grievance, and the employee and/or the Union wishes to take it to Step 2, it shall be referred within ten (10) calendar days to Step 2. Any grievance not settled in Step 1, shall be reduced to writing by the aggrieved employee with copies to the Employer Representative and the Union.
Step 2. By conference between the shop ste ▇▇▇▇, the authorized Union representa tive and the Zone Manager. If this step does not settle the grievance, and the Union wishes to take it to Step 3, it shall be referred within ten (10) calendar days to Step 3owner or his designee.
Step 3. The Company will respond to the Union within fifteen (15) days of receipt of the grievance letter or the Union may refer the grievance directly to arbitration. By conference between an official or officials of the Union and the Divi sional Vice President, a representative Owner or representatives of the Employer delegated by the Divisional Vice Presi dent, or bothhis designee.
Step 4. In the event that the last step fails to settle satisfactorily the grievancecomplaint, the Union, if it desires to submit the grievance to ar bitration, shall so notify the Employ- er within ten (10) calendar days af ter completion of Step 3. Nothing contained in this Article 5 shall act as a waiver of the employee’s right to appeal direct ly may be referred to the management board of the Employer or to the officials of the UnionArbitration.
C. Section 4.03 The Board board of Arbitration shall consist of one (1) person appointed by the Union Union, and one (1) person appointed by the Employer. Said two (2) persons shall, within ten two (102) days after dis agreementdisagreement, request the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the a third (3rd) arbitrator may be selected, (or other selection that is mutually agreeable). Failing to agree upon an arbitrator from this panel, said two (2) persons shall be chosen by the alter nate striking of names except that the parties by mutual agreement may request an additional panel or panels of fifteen arbitrators until a mutually agreeable third (153rd) arbitrators each, from which the third arbitrator shall be chosen by the alternate striking of namesis selected. The decision of the majority of the Board shall be binding on both partiesupon the Employer, the Union and the aggrieved employee. The expense of the third arbi trator (3rd) arbitrator shall be paid for jointly.
D. The Employer may at any time discharge any worker for proper cause. Section 4.04 The Employer shall notify the Union of an employee’s discharge in writing within five (5) calendar days after the discharge. The Union, if it wishes to contest the not discharge, nor demote, any employee without just cause and shall file a give at least one (1) written complaint with the Employer within ten (10) calendar days following postmarking date notice of the specific complaint or complaints against such employee to the employee, except that no written notice need be given to any employee before discharge or demotion for just cause such as but not limited to incompetence, proven dishonesty, intoxication, illegal use or possession of dischargedrugs, asserting that the discharge was improperrefusal to take alcohol or illegal substance test based on reasonable belief or probable cause, insubordination, failure to record sales and/or discounting, falsification of application, failure to perform work as assigned, etc. Such complaint must No warning notice will be taken up promptly and if the Employer and the Union fail to agree within ten recognized or used against any employee which is over six (106) calendar days, it months old. Insubordination shall be referred within four (4) calendar days considered a deliberate and willful refusal to carry out a proper order. Foul or abusive language directed toward a supervisor is insubordination unless the Board of Arbitration. Should abuse is provoked by the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accord ance with the findings of the Boardsupervisor.
E. Section 4.05 No grievance will be discussed unless the out lined outlined procedure has been followed except that the parties by mutual agreement may waive a step or steps of the grievance procedureas otherwise provided in Article 4, Section 4.06.
F. Lengthy discussions between employees Section 4.06 It is agreed that Steps 1 and representatives 2 of this dispute procedure may be waived if acceptable by both the Employer and the Union, including the Shop ▇▇▇▇▇▇▇, or among themselves concerning dis putes, shall not take place during working hours.
G. Section 4.07 The manager Board of a store Arbitration is not vested with the power to change, modify or alter this Agreement, but only to interpret the provisions of this Agreement.
Section 4.08 Any monetary settlement reached within Article 4 shall grant to any accredited Union official access be remitted to the store for the purpose of satisfying himself that the terms of this Agreement are being complied withUnion on or prior to employee’s 2nd regular pay period following settlement.
H. Grievances must be taken up promptly, and no grievance will be considered or discussed which is presented later than twenty (20) calendar days after such has happened.
Appears in 1 contract
Sources: Collective Bargaining Agreement