HW Maintenance – ART. 4: Grievance & Arbitration Procedure

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ARTICLE 4

GRIEVANCE & ARBITRATION PROCEDURE

SECTION 1.  In the event of a grievance or dispute arising under the terms of this Agreement, the Union Steward shall take the matter up with the Company’s representative within ten (10) days of the occurrence-giving rise to the grievance or reasonable knowledge of the occurrence and every effort shall be made to reach a satisfactory solution.

If no satisfactory solution can be reached, the Business Representative or other duly authorized representative of the Union shall take the matter up with the Company within five (5) days.

If the Business Representative of the Union and the Company cannot reach a satisfactory agreement within ten (10) days (subject to extension by mutual agreement), either party may refer the matter to a disinterested arbitrator approved by both parties.

If the parties cannot agree on an arbitrator within a reasonable period of time, either party may invoke the procedures of the Federal Mediation and Conciliation Service.  The decision of the arbitrator shall be final and binding.  No arbitrator shall have the power to add to or subtract from the terms of this Agreement.  The parties agree to expedite such arbitration. The fee of the arbitrator shall be borne equally by the Union and the Company.

SECTION 2.  It is expressly understood and agreed that any request for a grievance hearing for a discharge of any employee must be made in writing by an official of the Union to the Company within ten (10) working days from the date of the discharge, and the request must be made on behalf of an employee entitled to grieve his/her discharge.  In the case of an arbitration of a discharge, the arbitrator may sustain the discharge or may order the reinstatement of the employee with or without compensation for some or all of the days lost.