ARTICLE 7

Determination of disputes

Section 1.

Definition: The term “grievance” shall mean a complaint involving the interpretation or application of this Agreement. A grievance includes a complaint about any act, communication or omission, which occurs during the time frame of this Agreement.

Section 2. Grievance Steps.

A. Step 1. (Oral). Any employee having a complaint shall first bring it to the attention of his/her immediate supervisor. A shop steward may be present if requested by the Company or the employee.

B. Step 2. (Written). The immediate supervisor’s decision will be final and binding unless the Union forwards, in written form, a grievance to the Senior Site Manager, within five (5) working days of the issuance of that decision. The grievance should identify the alleged facts giving rise to the complaint, the Article or Sections of this Agreement alleged to have been violated, and the remedy requested. Within twenty (20) days of the receipt of the grievance, the Senior Site Manager or his/her designee will meet with the aggrieved employee and the Union steward or designee in an effort to adjust the grievance and shall give a written answer to the Union within three (3) working days after the meeting.

C. Step 3. (Pre-Arbitration). The Senior Site Manager’s decision will be final and binding unless, within five (5) working days of the issuance of that decision, the grievance is appealed in writing to the Senior Site Manager. If so appealed, within twenty (20) days of the Senior Site Manager’s receipt of appeal, the Senior Site Manager or his/her designated representative will meet with the aggrieved employee and Union Business Representative and designated Human Resource representative. The Senior Site Manager or his/her designated representative will give a written answer to the employee with a copy to the Union within five (5) working days from the date of such meeting. All parties attending such meetings shall have full authority to make final and binding settlements.

D. Step 4. (Arbitration). The decision of the Senior Site Manager will be final and binding unless, within ten (10) working days of the issuance of his/her decision, the grievance is appealed in writing to arbitration. Such appeal shall be directed to the Senior Site Manager. An impartial arbitrator shall then be appointed by mutual agreement of the parties or, failing such agreement, a request shall be initiated by the parties to the Federal Mediation and Conciliation Service to submit a panel of seven (7) names from which a selection shall be made by the parties striking one person on the panel alternately with the Union striking first, then on an alternative basis thereafter with the Company, with the last person remaining to serve as the impartial arbitrator. The fees and expenses of the arbitrator and any other joint expense incurred in connection with the arbitration proceedings shall be shared equally by the Company and the Union. The decision of the arbitrator will be final and binding on the Company, the Union, the Union’s membership and the aggrieved employee or employees.

Section 3.

The jurisdiction and authority of the arbitrator shall be confined exclusively to the interpretation of the explicit provision or provisions of this Agreement at issue between the Union and the Company. The arbitrator shall have no authority to add to, detract from, alter, amend or modify any provision of this Agreement or impose on any party a limitation or obligation not explicitly provided for in this Agreement. The arbitrator shall have no authority or power to limit or impair any right that Article 4 of this Agreement reserves to Management as a Management prerogative.

Section 4.

The Company shall not be required to consider or process any grievance not presented in Step 1 within ten (10) working days of the alleged violation or knowledge of the alleged violation, whichever is later. Any time limits may be extended by the parties by mutual agreement. Absent an extension, the Company shall not be required to consider or process any grievance which is not processed within the time limits established in this Article. If the Company is not timely in responding to a grievance, the grievance will be considered to have merit and the requested remedy will be granted. Extenuating circumstances will be considered.

Section 5.

Unless otherwise mutually agreed to by the Company and the Union, each grievance appealed to arbitration shall be the subject of a separate and distinct arbitration hearing and decision and no arbitrator shall be selected by the parties to hear or decide more than one grievance in any one arbitration proceeding.

Section 6.

In the case of termination, suspension, or resignation, the Union may skip Step 1 and may begin the grievance procedure at Step 2.