Common use of ARBITRATION AND GRIEVANCE PROCEDURES Clause in Contracts

ARBITRATION AND GRIEVANCE PROCEDURES. Any employee, to whom these conditions of employment are applicable, because of what he/she believes is a misapplication of the terms or intent of this Agreement, may proceed in the following manner to reach a settlement of the grievance. SECTION 1. The employee shall present his/her grievance in writing to his/her immediate supervisor within five (5) working days of the alleged grievance. The immediate supervisor will make every effort to resolve the grievance and respond in writing to the employee within five (5) working days after his/her receipt of the written grievance. SECTION 2. Definitions for the purposes of this Article: The immediate supervisor for the Operations Department shall be the Human Resources Supervisor. The immediate supervisor for the Maintenance Department shall be the Director of Maintenance. SECTION 3. (section 3 applies to Operations Department employees only). If the grievance is not settled satisfactorily, the employee shall present his/her grievance in writing on the forms provided by the Company to the Director of Operations within five (5) working days of receiving the response from the immediate supervisor. If the grievance was submitted through the Union Executive Board, the response will be returned in the same manner to the employee. The Director of Operations shall respond in writing within five (5) working days after receipt of the grievance. SECTION 4. If the decision of the supervisor is not satisfactory, the employee may request a meeting with the General Manager to appeal the decision. The appeal must be in writing and be received by the General Manager within two (2) working days after the employee's receipt of the decision of the supervisor. The General Manager shall meet with the employee. He shall mail a written decision to the employee within five (5) working days after the meeting. Within fifteen (15) days after the decision rendered by the General Manager, such grievance shall be considered resolved or arbitration shall have been demanded as set forth in the following sections of this Article. SECTION 5. Grievances concerning driver development & safety shall be submitted directly to the Driver Development and Safety Supervisor. The provisions spelled out in section 1 shall apply to grievances submitted to the Driver Development & Safety Supervisor. If the grievance is not settled satisfactorily, the employee shall move the grievance to Section 4. The time limits set forth herein may be extended by mutual agreement between the General Manager and the President of the Union Executive Board. Failure of either the Company or the Union to comply with the time periods in either presenting grievances and/or answering grievances shall constitute a forfeiture of the failing party's position in the grievance. SECTION 6. Nothing in this procedure shall prevent the Company and the Union Executive Board and/or employee from discussing any and all matters pertaining to the grievance prior to its reduction to written form. SECTION 7. Any matter of difference between the parties hereto as to the final determination of any question arising under this Agreement, or any matter required by the terms hereof, shall be arbitrated and determined as follows: A. Any disputes between the Company and the Union or its members, over which they cannot agree, shall be submitted to an arbitrator. The arbitrator shall be selected as follows: B. The Federal Mediation and Conciliation Service shall name five