ARTICLE 7

Grievance Procedure

Grievance Procedure Review.  At the request of either party, there will be a meeting between the Directing Business Representative or his or her  designee, and appropriate Union representatives and the Vice President, Human Resources or his or her designee, and appropriate Company representatives, to discuss problems of significant magnitude which impede the grievance procedure from functioning in an effective fashion, including earnest effort issues.  The purpose of this meeting shall not be to resolve particular grievances.

Section 1.      In the event that a difference arises between the Company, the Union or any employee concerning the interpretation, application, or compliance with the provisions of this Agreement, an earnest effort will be made to resolve such differences in accordance with the following procedure which must be followed.

Oral Step.      An employee having a grievance or complaint pertaining to his or her wages, hours, or working conditions may, after notice to his or her immediate supervisor, take it up either directly with his or her supervisor or with the Shop Steward who shall take it up with the employee's supervisor.  If the employee's grievance concerns disciplinary action administered by another supervisor, then the supervisor who administered the disciplinary action will be present with the immediate supervisor in the grievance procedure, provided he or she is still a supervisor of bargaining unit employees.  Such grievance shall be presented orally at this step of the grievance procedure.  Any such discussion shall be as brief as possible and the employee may be present at this discussion.

             The supervisor will produce at this step of the procedure, at no cost to the Union, the records the supervisor has available to him or her and which the Company relied upon to reach the conclusion or make the decision which resulted in the instant grievance.

             No Steward shall be called in the case of a grievance involving any disciplinary action until the administration of such action shall have been completed nor shall a Steward be called for an employee who alleges he or she is being improperly laid off.  In the case of a grievance concerning the discharge or suspension of an employee, the Steward will be given the opportunity to meet with the supervisor who issued the discipline.

             The Shop Steward shall be given an opportunity to be present at the adjustment of a grievance arising under the terms of this Agreement which is presented to the supervisor directly by an employee.

           If the grievance is not satisfactorily settled at the Oral Step, it must within five (5) working days, excluding Saturdays, Sundays, and holidays of the supervisor's disposition be reduced to writing on the form provided.  All grievances which affect the wages, hours, or working conditions of any employee shall, when reduced to writing in Written Step 1, be signed by that employee.  The dispositions given at Written Steps 1 and 2 of this procedure, together with the dates thereof, must be noted on the form and signed by the respective representatives of the Company and the Union. 

Grievance forms shall be obtainable from the supervisor.

When the grievance is reduced to writing, there must be set forth in the spaces provided all of the following:

(a)       A statement of the grievance and the facts involved;

(b)       The remedy requested; and

(c)        The violation, if any, of the Agreement which is claimed.

Written Step 1.        When reduced to writing, the grievance shall be taken up, as soon as possible, but no more than five (5) working days by the Shop Steward within whose area the grievance arose together with the employee (except in cases of discharge or indefinite suspension where a Shop Committeeperson may attend in place of the employee) with the grieving employee's supervisor and the Unit Manager of record.  (In the case of a grievant assigned to a three day a week, twelve hour per day alternative workweek schedule, the grievance will be taken up as soon as possible, but no more than seven [7] calendar days.)  In the case of a grievance alleging discrimination and at the request of the grievant, with the permission of the Shop Chairperson, the Chairperson of the Local Lodge Human Rights Committee may attend and participate in such Written Step 1 meetings.  In the event that the Unit Manager of record is not available, the Company may substitute another management representative in his or her place.  The Unit Manager or designated management representative may substitute a Human Resources Representative for the employee's supervisor.  The answer of the Unit Manager or designated management representative will be given in writing on the form provided within five (5) working days, excluding Saturdays, Sundays, and holidays after its presentation.  In cases where the employee has filed multiple grievances pertaining to the same issue, all cited issues will be discussed together.  However, the Unit Manager or designated management representative will give a written disposition on each grievance.

            The Company will produce at this step of the grievance procedure at its own cost and without the need of a request by the Union the records it relied upon to reach the conclusion or make the decision which resulted in the instant grievance.  If the Steward considers other relevant records to be necessary to the resolution of the grievance, the Company will produce such additional records, without cost, if it does not impose an unreasonable burden on the Company to obtain such records.  Where the Steward's request for additional records does impose an unreasonable burden on the Company, the Union agrees to reimburse the Company for the actual cost incurred by the Company in locating and procuring such additional records.

            If the Company fails to produce records at the Oral Step or Written Step 1 which the Steward considers to be necessary to the resolution of a grievance, the Steward will promptly notify the Shop Chairperson.  Within twenty-four (24) hours the Shop Chairperson or his or her designee will notify the Manager, Human Resources to provide the necessary records.  The Manager, Human Resources or his or her designee will have forty-eight (48) hours to decide whether or not to produce the requested records.  The Company will have a reasonable amount of time to produce the records agreed to by the Manager, Human Resources or his or her designee.  The Shop Steward will have the option of placing the original grievance on hold until either the Manager, Human Resources or his or her designee has decided not to produce the requested records or until the requested records are provided.

Written Step 2.

(a)       If the grievance is not satisfactorily settled at Written Step 1, an appeal therefrom may be taken by the Shop Steward to the Committee of Management.  The appeal by the Shop Steward shall be considered to be taken if the Shop Steward so marks the grievance form within the time limit provided in Section 5 of this Article.  In addition, such appeal shall be included on an agenda letter (filed as provided in Section 9[a] of this Article) for the first regularly scheduled meeting of the Committee of Management following the date of the Unit Manager or designated management representative's decision; provided, however, that if this is not done, the grievance shall be included on an agenda letter for the second regularly scheduled meeting of the Committee of Management following the date of the Unit Manager or designated management representative’s decision.  If the grievance is not included in such an agenda letter, the decision of the Unit Manager or designated management representative shall be final and conclusive and binding upon all employees, the Company, and the Union.

(b)       The following types of grievances shall be presented initially at this step of the grievance procedure: grievances which affect a substantial number of employees (five or more), other than job rating grievances, earnest effort grievances, record request grievances, grievances which the Unit Manager or designated management representative at Written Step 1 of this procedure lacks authority to settle, and grievances filed by the Company or the Union.

(c)                The Committee of Management shall meet with the Union Shop Committee and Business Representative whenever necessary but not more frequently than every two weeks to hear grievances and complaints properly before it as set forth in Written Step 2(a) and (b) of this Article.

(d)       The Committee of Management will render a disposition on a grievance so presented to it upon completion of the Union’s presentation at the Written Step 2 meeting. However, it is understood and agreed that either party may, at any step of the procedure, place a grievance on hold.  In such cases, the disposition will not be given until the regularly scheduled meeting in which the grievance is no longer on hold by either party.

            It is agreed that in the interest of encouraging the settlement of grievances, no decision or resolution of a grievance at the Oral Step or at Written Steps 1 and 2 shall be cited by either party as a precedent in any subsequent grievance.

Section 2.      A claim that under the Hourly Job Rating Plan a job has been improperly assigned or evaluated to a labor grade shall first be taken up by either the Union Job Evaluation Specialist or the Shop Committeeperson for the area with the designated management representative.  If such claim involves a new job or a changed job as defined herein, it must be presented to the designated management representative by either the Union Job Evaluation Specialist or the Shop Committeeperson within sixty (60) days of the assignment or evaluation of the new or changed job to a labor grade. Either the Union Job Evaluation Specialist or the Shop Committeeperson shall complete his or her presentation of the facts relating to the claim within sixty (60) days after the original presentation.  The designated management representative shall render his or her decision on such claim within sixty (60) days after either the Union Job Evaluation Specialist or the Shop Committeeperson has notified him or her in writing that the Union has completed its submission of facts relating to the claim.

            If no satisfactory adjustment of the matter is reached by either the Union Job Evaluation Specialist or the Shop Committeeperson and designated management representative, any aggrieved employee or the Union Job Evaluation Specialist or Shop Committeeperson may then file a grievance as hereinbefore provided.  Such grievance shall be processed beginning with Written Step 2 of the grievance procedure provided that it is included in an agenda letter as provided for in Written Step 2 (a) herein, after the decision given by the designated management representative.  Such written grievance shall state in detail the specific facts upon which the Union bases its claim that the job has been improperly evaluated and shall set forth the specific factors of the evaluation which it claims are incorrect giving specific and detailed reasons for such claim.

Section 3.

(a)       Any contractual grievance not settled at Written Step 2 of Section 1 of this Article shall be submitted to arbitration upon the request of either party hereto filed in accordance with the provisions of this Article with the exception of Articles 1 and 27.

(b)       Other grievances arising under this contract which are not settled at Written Step 2 of Section 1 of this Article may be referred to arbitration if the Company and the Union mutually agree in writing.  The Company will respond to the Union within ten (10) working days of receipt of an appeal letter under (a) and (b) of this Section.

(c)        Except for the grievances which can be arbitrated under Section 3(a) and 3(b) of this Article, no disputes, misunderstandings, differences, or grievances arising between the parties as to the meaning, interpretation, or application of the provisions of this Agreement shall be submitted to any Arbitrator for decision.  It is further understood and agreed that no grievance, dispute, misunderstanding, or difference between the parties arising out of events which occurred prior to the execution of this Agreement shall be submitted to arbitration under the provisions of this Agreement. 

(d)       The decision of the Arbitrator shall be supported by substantial evidence on the record as a whole and shall be final and conclusive and binding upon all employees, the Company, and the Union.

(e)        The Arbitrator shall have no power to add to or subtract from or modify in any way any of the terms of this Agreement; nor shall the Arbitrator have jurisdiction in any case submitted to arbitration to affect in any way, directly or indirectly, by any decision or in any other manner, the right and responsibility of the Company to direct its operations; to determine the number and location of its plants; the product to be manufactured; the types of work to be performed; the assignment of all work to employees or other persons; the schedules of production; shift schedules and hours of work; the methods, processes and means of manufacturing; or the rules and regulations to be made or applied for production, discipline, efficiency, and safety.

(f)        The party referring a grievance to arbitration shall have the obligation of going forward with its case before the other party shall be required to present its case or adduce any testimony; provided, however, that in cases involving discharge, suspensions, final warnings or promotions based upon “most senior qualified”, the Company shall first present to the Arbitrator its case in support of such action.

(g)        Grievances subject to arbitration under this Section shall be referred for a decision to one of the members of a fixed panel of arbitrators which consists of: Richard I. Bloch, Arthur Stark, Arvid Anderson, Timothy Bornstein, Mark L. Irvings, Dana E. Eischen, Michael W. Stutz, and Joan Parker.  The designation of the Arbitrator shall be made either by mutual agreement of the parties hereto; or in the absence of such agreement, the Arbitrator shall be alternated with each case.

(h)     The fee and expenses of the Arbitrator shall be divided equally between the Company and the Union.

(i)      The Company and the Union agree that in grievance arbitrations pertaining to terminations for attendance, sleeping, theft, and fighting, as well as suspensions for any reasons or final warning grievances, the Arbitrator will render his or her oral decision within seven (7) days of the close of the hearing, followed by a written award. This shall not apply if the parties mutually agree to have transcripts and submit briefs to the Arbitrator. The Company and the Union further agree in all other cases the Arbitrator will render his or her decision within sixty (60) days of the filing of the briefs.

(j)      Arbitrations involving discharge, suspension, and final warnings grievances and grievances alleging unfair labor practices shall be expedited to the fixed panel ahead of all other arbitrations not as yet scheduled for hearing.

Section 4.      An employee may file a grievance alleging that he or she is not properly classified in his or her assigned job code because he or she has performed the essential duties of a different job code within the bargaining unit (at least one labor grade higher than his or her assigned code) for a practicable majority of the time during a period of ninety (90) continuous working days.  If such a grievance is found to have merit, the award of the Arbitrator is limited to an adjustment in pay equal to the difference between the employee's actual earnings and the earnings he or she would have received had he or she been properly classified during the ninety (90) continuous working days immediately preceding the filing of the grievance.

Section 5.      Should any appeal from the disposition of a grievance given at the Oral Step or at Written Steps 1 and 2 of Section 1 not be taken within five (5) working days, excluding Saturdays, Sundays, and holidays, from the date of such decision, then the decision on such grievance shall be final and conclusive and shall not be reopened for discussion.  Any disposition of a grievance accepted by the Union or by the Company in the case of a grievance filed by the Company, or from which no appeal has been taken, shall be final and conclusive and binding upon all employees, the Company, and the Union.

Section 6.      Any grievance not presented for disposition through the grievance procedure described herein within five (5) working days, excluding Saturdays, Sundays, and holidays, from the date it was found to exist by the employee, shall not thereafter be considered a grievance under this Agreement unless a reason satisfactory to the Company in explanation of the failure to present the grievance within such time is given. 

Section 7.      In no event shall any disposition or award upon any grievance be made retroactive for any period prior to the date the grievance was first filed in writing; provided that in cases involving discharge and suspension, retroactivity will begin with the date the discipline was taken.

Section 8.      It is agreed that each Shop Steward has assigned work to perform in the plant and the interests of production and efficiency require that interruptions of the Shop Stewards' work assignments be as infrequent and of as short duration as the grievance or complaint reasonably requires.  Shop Stewards shall first request permission from their supervisor before leaving their jobs.  Such request shall not unreasonably be denied.

            Upon entering a department other than his own, a Shop Steward shall first report to the supervisor in charge of the new department and make known the purpose of his or her being there.

Section 9.      A member of the Shop Committee or a Shop Steward shall, after notice to his or her supervisor, be allowed to leave his or her job for attendance at the following meetings, where necessary and as indicated.  Time spent in attendance at such meetings during his or her scheduled working hours shall be recorded and paid as provided in subsections (c) or (d) below.

(a)       For a member of the Shop Committee to attend a regular Written Step 2 meeting to be held whenever necessary, but not more frequently than once every two (2) weeks, and for not exceeding three (3) hours.  Before the holding of such meeting, the Chairperson of the Shop Committee must have presented to the Manager, Human Resources an agenda in writing by the close of business, at least three (3) working days, excluding Saturdays, Sundays, and holidays, previous to the time of the meeting.  Such agenda shall state fully the specific grievances or complaints which the Union wishes to discuss at such meeting.  There shall be no obligation on the part of management representatives to discuss any matter which does not appear on such agenda.

(b)      For a member of the Shop Committee to attend any special meeting not exceeding three (3) hours relating to discharge or other matters which cannot reasonably be delayed until the next regular meeting of the Shop Committee and the Committee of Management; or to attend a Written Step 1 meeting involving a discharge or indefinite suspension.

(c)        Shop Stewards will receive pay for grievance or complaint handling as described in Article 7, Section 1, Oral Step, and Written Step 1 herein at their regular base rate plus cost-of-living allowance exclusive of overtime allowances, but including shift premium, if any, not exceeding three (3) hours in any workweek.

(d)       Shop Committeepersons will receive pay for time spent at regular meetings as described in Article 7, Section 1, Written Step 2 herein at their regular base rate plus cost-of-living allowance exclusive of overtime allowances, but including shift premium, if any, not exceeding three (3) hours in any workweek.  Shop Committeepersons will also receive pay for time spent at any special meetings or Written Step 1 meetings as described in Article 7, Section 9, subsection (b) above at their regular base rate plus cost-of-living allowance exclusive of overtime allowances, but including shift premium, if any, not exceeding three (3) hours in any workweek.

(e)      The Company will pay up to eight (8) hours lost time for two (2) members of the Shop Committee to audit Company layoff lists involving any layoff of 50 or more employees at a single site. 

Section 10.    It is agreed that if time spent by Shop Stewards and Shop Committeepersons in the grievance procedure exceeds that amount allowed under Article 7, Section 9 above, the excess time will be billed to the appropriate Local Lodge on a monthly basis.  Remittance for such time shall be made payable to the Company not later than thirty (30) days following the submission of said bill.

Section 11.    Any employee shall have the right to appeal his or her discharge or suspension through the grievance procedure within five (5) working days from the date thereof.  Failure to file such an appeal within five (5) working days shall prohibit any further consideration of such discharge or suspension.  If as a result of such appeal the employee is found to have been discharged or suspended without just cause, he or she shall receive pay at his or her regular rate for the time he or she would have otherwise normally worked, including overtime, less any income he or she may have received from any other source.  An employee who has been discharged or given a disciplinary suspension shall, before leaving the plant, be permitted to see the Shop Steward for the area in which he or she worked at a location designated by the Company if he or she requests this privilege of his or her supervisor.  Any grievance filed concerning the discharge or indefinite suspension of an employee shall be presented initially at Written Step 1 of the grievance procedure.