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 Puget Sound, Seattle-Renton Puget Sound panel shall be comprised of six
(6) arbiters and insofar as practicable, the arbiters shall be located in the
general vicinity of the 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.
By:___________________________ By:________________________
Date: _________________________ Date:______________________