Common use of New Excluded Positions Clause in Contracts

New Excluded Positions. ‌ In the event the Employer creates a new excluded position in [the newsroom, the news department, or Design and Production Studio, as applicable to each bargaining unit] during the term of this Agreement that it asserts to be excluded from the bargaining unit, it shall notify the Guild in writing within two weeks of the filling of such a position. A dispute over the creation of an excluded position(s) shall be submitted to the grievance process within two weeks of the notice to the Guild of the filling of such a position. Any such dispute between the parties must first be submitted to the grievance process of this Agreement, but shall not be subject to arbitration under this Agreement. Such disputes shall be submitted directly to Step 2 of the grievance process. Disputes not resolved during the grievance process may be submitted to the National Labor Relations Board within thirty (30) calendar days of receipt of the Step 2 answer. Disputes not timely submitted to the grievance process or to the NLRB shall be deemed waived.