Grievances

5. GRIEVANCES 

A. Definition of Grievance 

1. A grievance is defined to be: Any controversy between the Company and the Union as to any matter involving the interpretation or application of the terms of this Agreement or any controversy between the Company and the Union arising out of the terms of this Agreement, or any controversy that may include and involve past practices, work rules, additional agreements or conformity to law clauses. 

2. The Company and the Union agree that the definition of past practice is as follows: In the absence of written past agreement, a past practice, to be binding, must be unequivocal, clearly understood, and readily ascertainable over a reasonable period of time as a fixed and established practice accepted by both parties. 

B. Grievance Procedure 

1. At all times during the grievance procedure, the employee shall be entitled to have a Union representative appear with him or her. 

2. A grievance shall be submitted in writing citing the contract clause, agreement, work rule, or past practice which has been violated within fourteen (14) calendar days from when the employee becomes aware of the alleged violation. This grievance must be signed for by the official in charge and a copy returned to the grievant and the Union. 

3. The immediate supervisor shall give his written answer to the grievance within fourteen (14) calendar days from the receipt of the grievance. Upon receipt of a written grievance, the Company may, if they so deem, settle the grievance immediately. 

 4. If the grievance is denied, the grievant has fourteen (14) calendar days to request a hearing in person. At the time of the request for a hearing, the grievant will give three (3) dates (between 9:00 a.m. and 5:00 p.m.) of availability. These dates must be within thirty (30) calendar days. The Company will choose one of these dates and the times for the hearing. If none of these dates are available, the grievant will be requested to give three (3) more. The Company will make every effort to conduct a hearing on one of the dates requested. A hearing date, once set, will only be changed in case of an emergency or by mutual agreement. The Company will issue a written decision within fourteen (14) days following the hearing. 

5. If the grievance is denied, the grievant has fourteen (14) calendar days to request a hearing in person with the Vice President of Operations (or designee). At the time of a request for a hearing, the grievant will give three dates (between 9:00 a.m. and 5:00 p.m.) of availability. These dates must be within thirty (30) calendar days. The Company will choose one of these dates and the times for the hearing. If none of these dates are available, the grievant will be requested to give three (3) more. The Company will make every effort to conduct a hearing on one of the dates requested. A hearing date, once set, will only be changed in case of an emergency or by mutual agreement. 

6. The Vice President of Operations (or designee) shall give his decision, in writing, no more than fourteen (14) calendar days after the hearing. The Vice President of Operation’s answer shall be final and binding on the employee, the Union and the Company unless it is timely appealed to arbitration. 7. If the grievance has not been satisfactorily resolved, the grievant may go to arbitration under section 8 and must submit to the Company the intent to arbitrate within forty (40) days. 8. All decisions must be in writing and copies of all decisions must be sent to the Union Office, to at least one Union Representative and to the Grievant. 9. Failure to be timely by either party advances the grievance to the next step in the procedure. Initial grievances and notices of intent to arbitrate must be filed within the specified time frames to be valid. 10. All rights to grievance belong to the Union.