Grievances or complaints arising between the
Company and its employees subject to this Agreement, or the Company and the
In the case of grievances on behalf of employees
and subject to the further provisions of Section 19.3 below, relating to cases
of layoff or dismissal or suspension for cause or involuntary resignation:
STEP 1. Oral Discussion. The
employee first shall notify his/her supervisor of his/her grievance and then,
if he/she so desires, shall discuss his/her grievance with the steward or the
Union business representative, and if the steward or the business
representative considers the grievance to be valid, then the employee and the
steward or business representative will contact the employee's supervisor and
will attempt to effect a settlement of the complaint. This procedure, however, will not prevent an
employee from contacting his/her supervisor if he/she so chooses. If the purpose of the employee's contacting
his/her supervisor is to adjust the grievance, the steward or the business
representative shall be given an opportunity to be present and such adjustment
shall be in conformity with this Agreement.
STEP 2. Grievance
Reduced to Writing – Handling at Supervisory Level. If no settlement is reached in Step l, the
business representative, if he/she considers the grievance to be valid, may at
any time reduce to writing a statement of the grievance or complaint which
shall contain the following:
(a) The
facts upon which the grievance is based.
(b) Reference to the section or sections of the
Agreement alleged to have been violated (this will not be applicable in cases
of dismissal or suspension for cause or of involuntary resignation).
(c) The remedy sought.
The business
representative shall submit the written statement of grievance to the
supervisor for reconsideration, with a copy to the designated representative of
the Company. After such submission the
supervisor and the business representative may, within the next five (5)
workdays (unless mutually extended), settle the written grievance and, over
their signatures, indicate the disposition made thereof. Otherwise, promptly after the expiration of
such five (5)-day period (or agreed extension thereof) the supervisor and the
business representative shall sign the grievance, with the supervisor
indicating the basis for denying the grievance, and their signatures will
indicate that the grievance has been discussed and reconsidered by them and
that no settlement has been reached.
STEP 3. Written
Grievance; Handling at Business Representative-Company Representative Level. If no settlement is reached in Step 2, within
the specified or agreed time limits, the business representative may at any
time thereafter submit the grievance to the designated representative of the
Company. After such submission the
designated representative of the Company and the business representative may,
within the next ten (10) workdays (unless mutually extended), settle the grievance
and, over their signatures, indicate the disposition made thereof. Otherwise, promptly after the expiration of
such ten (10)-day period (or agreed extension thereof) the designated
representative of the Company and the business representative shall sign the
grievance, with the designated representative indicating the basis for denying
the grievance, and their signatures will indicate that the grievance has been
discussed and reconsidered by them and that no settlement has been reached.
STEP 4. Arbitration. If no
settlement is reached in Step 3 within the specified or agreed time limits,
then either party may in writing, within ten (10) workdays thereafter, request
that the matter be submitted to an arbiter for a prompt hearing as hereinafter
provided in Sections 19.6 to 19.9, inclusive.
In cases of layoff, or of dismissal or
suspension for cause, or of involuntary resignation, the employee shall be
given a copy of the layoff, suspension or termination of service slip, as the
case may be, if he/she is available to be presented with such copy. If he/she is not available, copies of the
slip will be sent to the employee and to the Union office. The employee shall have the right to appeal
the action shown on the slip providing the business representative files a
written grievance, beginning at Step 3, with the designated representative of
the Company within seven (7) workdays after the date of layoff, dismissal,
suspension for cause or involuntary resignation, or within seven (7) workdays
after the date of the mailing of the copy of the slip, provided, however, that
any dismissal or suspension of an employee who has committed a sex crime
victimizing a child or children shall be deemed to be for cause and shall not
be subject to the grievance and arbitration procedure of this Article 19. The written grievance then may be processed
through subsequent steps.
In the case of any grievance which the Union may
have against the Company or the Company may have against the
19.4(a) Statement of the grievance setting forth the facts upon
which the grievance is based.
19.4(b) Reference to the section or sections of the Agreement
alleged to have been violated.
19.4(c) The correction sought.
The grievance shall be
signed by the designated representative of the
Grievance claims involving retroactive
compensation shall be limited to thirty (30) calendar days prior to the written
submission of the grievance to Company representatives, provided, however, that
this thirty (30)-day limitation may be waived by mutual consent of the parties.
In regard to each case reaching Step 4, the
parties will attempt to agree on an arbiter to hear and decide the particular case. If the parties are unable to agree to an
arbiter within ten (10) workdays after submission of the written request for
arbitration, the provisions of Section 19.7 (Selection of Arbiter - From
Arbitration Panel) shall apply to the selection of an arbiter.
Immediately following execution of this
Agreement the parties will proceed to compile a list and agree upon three (3)
separate panels of arbiters, one (1) panel each for Seattle-Renton,
In the event, as to any case, that there is no
available arbiter on the applicable Corporate Panel, the parties shall jointly
request the American Arbitration Association to submit a panel of seven (7)
arbiters. Such request shall state the
general nature of the case and ask that the nominees be qualified to handle the
type of cases involved. When
notification of the names of the panel of seven (7) arbiters is received, the
parties in turn shall have the right to strike a name from the panel until only
one (1) name remains. The remaining
person shall be the arbiter. The right
to strike the first name from the panel shall be determined by lot.
Arbitration pursuant to Step 4 shall be
conducted in accordance with the following:
19.9(a) The arbiter shall hear and accept pertinent
evidence submitted by both parties and shall be empowered to request such data
as he/she deems pertinent to the grievance and shall render a decision in
writing to both parties within fifteen (15) days (unless mutually extended) of
the completion of the hearing.
19.9(b) The arbiter shall be authorized to rule and issue a decision in
writing on the issue presented for arbitration, which decision shall be final
and binding on both parties.
19.9(c) The arbiter shall rule only on the basis of information
presented in the hearing before him/her and shall refuse to receive any information
after the hearing except when there is mutual agreement, in the presence of
both parties.
19.9(d) Each party to the proceedings may call such witnesses as may be
necessary in the order in which their testimony is to be heard. Such testimony shall be limited to the
matters set forth in the written statement of grievance. The arguments of the parties may be supported
by oral comment and rebuttal. Either or
both parties may submit written briefs within a time period mutually agreed
upon. Such arguments of the parties,
whether oral or written, shall be confined to and directed at the matters set
forth in the grievance.
19.9(e) Each party shall pay any compensation and expenses relating to
its own witnesses or representatives.
19.9(f) The Company and the
19.9(g) The total cost of the stenographic record (if requested) will
be paid by the party requesting it. If
the other party also requests a copy, that party will pay one-half of the
stenographic costs.
Time limits designated in this Article 19 for
processing grievances and for bringing a matter to arbitration may only be
extended by mutual written consent.
In arriving at any settlement or decision under
the provisions of this Article 19, neither the parties nor the arbiter shall
have the authority to alter this Agreement in whole or in part.
All conferences resulting from the application
of provisions contained in this Article 19 shall be held during working hours.
For any period that the business representative
is unavailable to serve in that capacity under this Article 19, he/she may
designate an accredited steward or another accredited business representative
to act for him/her, as his/her designee.
As to each such period of unavailability, authorization of the designee
will be accomplished by the business representative informing the appropriate
Company representative of the expected period of the business representative's
unavailability and naming the designee.
When the business representative again is available to perform his/her
duties under this Article 19, he/she shall promptly notify the Company
representative of the fact and such notice will terminate the period during
which the designee is authorized to act.
The signing of any grievance by any employee or
representative either of the Company or of the Union shall not be construed by
either party as a concession or agreement that the grievance constitutes an
arbitrable issue, that other claims or defenses may not be raised, or that the
grievance is properly subject to the grievance machinery under the terms of
this Article 19.
Union jurisdictional claims arising under the
provisions of Section 1.3 of this Agreement, except those identified in Section
1.3(f), shall be handled pursuant to the provisions of Section 19.4 and
Sections 19.6 through 19.14, inclusive, except that the following requirements
shall apply:
19.15(a) The written statement of grievance shall
identify the job involved, state the Union's contention or contentions in
detail, and shall contain a detailed statement of the reasons for the position
taken by the
19.15(b) If the Company and the
19.15(c) If the parties are unable to agree upon the
question that it is to be submitted to the arbiter for decision, the question
to be submitted to, and answered by, the arbiter shall be:
"On the basis of
the evidence, information, and arguments submitted by the parties in reference
to the
19.15(d) The arbiter shall answer the question
submitted to him/her under Section 19.15(c) or the agreed statement of the
issue presented by both parties. The
arbiter's answer shall either be in the affirmative or the negative. The arbiter shall confine the proceedings
before him/her to the questions presented to him/her in accordance with this
Section 19.15 and he/she shall not have authority to specify any change in a
job or any change in the work assignments under a job or the creation of a new
job or any other remedy or type of award.
19.15(e) If the arbiter's answer sustains the Union's
contention, the Company shall, within thirty (30) days (or any longer period to
which the parties may mutually agree) after receiving the arbiter's decision,
take whatever corrective action is necessary to eliminate the basis for the
Union's jurisdictional claim in the particular case.
19.15(f) Any resolution of any claim or controversy under
Section 1.3, whether by mutual agreement or by arbitration, that requires
corrective action on the part of the Company shall be prospective in effect
from the date of the corrective action taken by the Company.