FILING A GRIEVANCE

If you believe that the Company has in some way violated the contract either by changing an established term or condition of your employment, or by disciplining or discharging you without just cause, you may file a grievance challenging the Company’s actions.

To file a grievance you should contact Business Representative John Lynch or Special Representative Ron Solseth and be prepared with the following information:

  1. What has occurred – include who is involved, dates and times
  2. Have any documentation related to the grievance ready
  3. Why you feel that what occurred is a grievance

You will also be asked to send a written statement to the Local 153 office outlining what has occurred.

Time limits for filing a grievance:

  1. All grievances except those involving terminations must be filed within 13 months of when the action complained of occurred.
  2. Grievances for terminations must be filed within 14 calendar days of the termination

Below is the actual text of the grievance procedure in the Collective Bargaining Agreement:

ARTICLE 21GRIEVANCE  AND ARBITRATION PROCEDURE

  1. The purpose of this Article is to provide opportunity for the discussion of grievances and to establish procedures for the processing and settlement thereof. It is the intention of the parties to give full consideration to each grievance and to process each grievance as expeditiously as possible.

  2. A grievance is defined as any complaint or dispute as to the interpretation or application of this agreement. Grievances filed by employees or the Union shall be processed in accordance with the procedure set forth below:          
         
    1. STEP 1.    The grievances shall be submitted in writing to the employee’s Managing Director. This may be done either by the employee himself, with a shop steward, or by the Union Business Representative on behalf of an employee. The grievant may file the grievance in person or where not practical the Managing Director shall accept the grievance submitted by fax to the agency office provided that the fax is received timely, as per section 3 of this Article, and prior to 4:30 pm on a date that the agency office is open. IN the event that the grievance is not satisfactorily settled within seven (7) business days after being submitted, the employee, the steward if present, and the Managing Director or designee will then sign a grievance record form and the matter shall be forwarded to the next step in the procedure.
    2. STEP 2.    The Union may give notice in writing to the Vice President of Agency Relations of its dissatisfaction with the results of step 1 and the matter shall then be referred for conference between the Vice President of Agency Relations, or his or her designee, and the Business Manager of the Union, or his or her designee.  Such conference shall be held no later than 14 days after the Vice President’s receipt of the Union’ notice. The Managing Director of the Agency involved shall not be the designee of the Vice President of Agency Relations. The decision of the Vice President of Agency Relations, or his or her designee, shall be communicated to the Union in writing within 30 calendar days after the conference.

    3. STEP 3.  The grievance may be appealed to arbitration by the Union or the Employer. This is done by lodging a written appeal with the opposing party within thirty (30) calendar days after the receipt of the Step 2 decision. The parties may mutually agree upon an arbitrator at any time to hear a grievance. In the absence of  such an agreement, either party may request that the American Arbitration Association submit a list of arbitrators in which each side may select. If the parties cannot agree upon an Arbitrator within 20 calendar days after the date of the Union's reference to arbitration, then the Union or the Employer, upon written notice to each other,  shall have the right to apply to the American Arbitration Association to appoint the arbitrator. Upon such application, the appointment of the arbitrator shall be governed by the rules established by the American Arbitration Association.
       
  3. All grievances except those involving Prudential Representatives’ terminations must be submitted within 13 months after the date on which the action complained of occurred. Any grievance involving the termination of services and Agreement of a Prudential Representative shall be brought directly to Step 2 and must be taken up no later than 14 calendar days after such termination.

  4. The decision of the arbitrator shall be final and binding upon the parties.

  5. The cost of the arbitrator will be shared equally by the parties except that each will bear the costs of its own representative and related expenses.

  6. A group grievance may be filed by the Union. Any such grievance shall contain sufficient information to permit the Employer to identify the individuals covered by the group grievance.  A group grievance shall be submitted at Step 2 of this article.

The time limits above may be waived at any point.

 

 

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