Frederick Gas | Mirant | Pepco
Frederick Gas
ARTICLE 17
Procedure for Adjusting Controversies
Frederick Gas Grievance Form - requires Adobe Acrobat to open.
Section 17.01
It
is considered by the parties that all grievances should be presented
promptly, discussed without delay and answered within a reasonable
time. A grievance is defined as a violation of a specific term(s) or
provision(s) of this Agreement or of an established precedent in terms
and/or conditions of employment. It is also considered that grievances
should be settled whenever possible at the levels where the greatest
familiarity and appropriate authority to resolve the grievance exists.
Any individual employee or group of employees shall have the right to
present grievances and to have them considered for adjustment, provided
any adjustments are not inconsistent with the terms of this Agreement
and a Union representative has been given an opportunity to attend as
provided in this procedure. Therefore, it is agreed that all grievances
shall be subject to the following grievance procedure.
Section 17.02
Any
employee who believes that he/she has a grievance shall, within one (1)
week after the cause of the grievance is alleged or known to have taken
place, discuss it with his/her immediate section leader, if the section
leader has authority to address the issue(s). The employee may, if
he/she desires, have his/her steward present during the discussion. The
section leader shall within three (3) workdays after the discussion,
notify the employee or steward (if present at the discussion) of
his/her disposition of the matter.
Section 17.03
Step
1 - If the appropriate section leader either lacks authority to address
the grievance or makes a response that does not resolve the grievance,
then within two (2) weeks after the cause for the grievance is alleged
or known to have taken place, the grievance shall be stated in writing
on forms available from the company or the union, listing facts,
reasons, labor contract provisions in question, and/or established
precedent in terms and conditions of employment. The grievance must be
numbered (by the local union office), and dated and signed and one (1)
copy shall be delivered to the appropriate area head and one (1) copy
shall be delivered to the appropriate department head. If the written
grievance is not delivered to the appropriate area head within two (2)
weeks after occurrence of the cause for the grievance, it shall be
considered to have been withdrawn.
Section 17.04
Within
one (1) week of delivery of the aforesaid grievance as required by
section 17.03 above, the appropriate area head, the grievant, steward,
and/or chief steward shall meet to resolve the grievance. Within one
(1) week after the meeting, the appropriate area head shall give a
written determination of the grievance to the steward, with a copy to
the Local Union President. If the grievance is not resolved, it may be
taken to Step 2.
Section 17.05
(a) Step 2 - If the
grievance is not resolved in Step 1, the President of the Local Union
may, within two (2) weeks after receipt of the written determination in
Step 1, submit in writing to the appropriate department head of the
Company a request for a meeting to resolve the grievance. Within one
(1) week after receipt of such request from the Local Union President
the appropriate department head of the Company shall arrange to meet
with the grievant, steward, chief steward, and/or Local Union President
to resolve the grievance. Such meeting shall be held within four (4)
weeks of the receipt of the request unless mutually agreed otherwise.
The Union and the Company may have present and eligible to participate
in the discussion any persons they so desire unless the number of
participants creates an unreasonable disruption of the Company's
business. The number of participants shall not be restricted if the
Company and Union agree to hold such discussions before or after normal
working hours.
(b) The Company will compensate up to two
employees designated by the President of the Local Union plus the
grievant at regular rates of pay for time spent in grievance meetings
during regular working hours. The Company will not pay overtime to any
employee if such meetings continue past normal working hours or if such
meeting is held before or after regular working hours. No employee will
be compensated by the Company for time spent in arbitrations of any
Company/Union matters or activities related to such arbitrations.
(c)
Within two (2) weeks after the meeting, the appropriate department head
shall give a written determination of the grievance to the local union
president. If the grievance is not resolved in step 2, it may be taken
to arbitration or mediation as provided in sections 17.14 and 17.15
hereof.
Section 17.6
Discussion regarding grievances
shall be conducted as far as practicable during the employees working
hours. All employees shall first obtain permission from their
supervisor to be absent for such meetings and must report to him/her
upon returning.
Section 17.07
Grievances relating to
matters which extend beyond a single Department, Division, or Group may
originate in the Step of the grievance procedure where management
authority to settle the matter exists, but no grievance may be taken to
arbitration until it has been presented in Step 2, except where time
limits as described in Section 17.05 have been exceeded and then only
if the party seeking to move the matter to arbitration has not caused
or contributed to the time limits being exceeded.
Section 17.08
Whenever
a grievance involves a group of employees, a committee of not more than
three persons, which shall include the appropriate Steward and at least
one of the employees affected, shall be substituted for an employee
wherever the word "employee" is used in the grievance procedure.
Section 17.09
It
is agreed that the grievance procedure or time limits may be varied at
any time by agreement of the parties when such action appears to be
necessary or desirable.
Section 17.10
The Union and the Company shall inform each other of persons authorized to represent them in grievance matters.
Section 17.11
Grievances
of the Company or Union shall originate in the lowest step where
authority to take appropriate action exists. Grievances brought by the
Company shall be in writing and shall be mailed or delivered by the
Company to the Local Union President within 30 days after the cause of
the grievance is alleged or known to have taken place. The appropriate
department head and the president of the local union shall meet in
person or shall discuss the Company's grievance by telephone within 10
days after the Company's written grievance is received at the office of
the President of the Local Union. Within one (1) week after the meeting
or telephone call, the President of the Local Union shall give the
Company a written determination of the Company's grievance. If the
grievance is not resolved to the Company's satisfaction, the
appropriate department head shall, within one (1) week of receiving the
written determination, give the President of the Local Union a written
notice of intent to arbitrate and a request to select an arbitrator.
Thereafter, the procedures stated in section 17.14 and 17.15 of this
Article shall be followed with respect to the arbitration of the
Company's grievance.
Section 17.12
The grievance
procedure is applicable to all employees in the bargaining unit except
as otherwise restricted elsewhere in this Agreement, provided, however,
that terminations of regular employees during their first year of
continuous service and terminations of temporary employees at any time
may not be the subject of a grievance.
Section 17.13
(a)
Failure to comply with the time limit provisions by employees or Union
representative shall bar the employee or the Union from further
pursuing the grievance in question. Failure to comply with the time
limit provisions of this Article by Management representatives shall
permit the grievance to be advanced to the next Step of the grievance
procedure.
(b) Failure by the Company to comply with the time
limits in section 17.11 with respect to a Company grievance shall bar
the Company from further pursuing such grievance. Failure by the Union
to comply with such time limits shall permit the Company's grievance to
go directly to arbitration.
Section 17.14
(a) If a
Company or Union grievance is not settled within the time limits stated
in this Article or otherwise as prescribed herein, the aggrieved party
shall give the other party, within one (1) week of the receipt of the
written determination of the grievance, a written notice of intent to
mediate or arbitrate the grievance and a request to proceed to
mediation through the Federal Mediation and Conciliation Service or to
select an impartial arbitrator from the panel of arbitrators. The~
panel of arbitrators shall be jointly compiled and agreed upon by the
parties and shall be updated from time to time by mutual agreement. All
matters proceeding to mediation or arbitration shall be scheduled as
expeditiously as possible. Where the parties agree to proceed to
mediation, neither party shall be bound by the mediator's recommended
resolution of the grievance. The aggrieved party shall notify the other
party of its acceptance or rejection of the mediator's proposed
resolution within ten (10) days of the end of the mediation process. If
a grievance is not resolved in mediation, the aggrieved party may take
the matter to arbitration as provided in this Article. Statements made
by either party in mediation shall not be admissible in any arbitration
proceeding and shall not, in any way, be construed as an admission
against that party's interest. Similarly, the mediator's proposed
solution(s) shall not be admissible or referred to in any arbitration
proceeding. When the parties agree to resolve a grievance in the
mediation process, such agreement will be reduced to writing and signed
by authorized representatives of each party and the grievant.
(b)
A representative of each party shall meet, within one (1) week after
the written notice of intent to arbitrate is received by the non
aggrieved party, to randomly select an impartial arbitrator from the
panel of arbitrators. The arbitration shall then be scheduled for a
date and time as soon thereafter as convenient to the schedules of the
parties and the impartial arbitrator.
Section 17.15
(a)
The arbitrator shall have jurisdiction and authority to interpret and
apply the Provisions of this Labor Contract only to the extent
necessary to determine and decide the grievance. Such arbitrator shall
not have jurisdiction or authority to alter, extend, modify or in any
way change the provisions of this Labor Contract.
(b) The decision of the arbitrator shall be final and binding upon both parties and the employees involved.
(c)
Expenses incurred by the arbitrator shall be borne equally by the
Company and the Union. All other expenses incurred by each party with
respect to any grievance/arbitration shall be borne solely by that
party except that the parties shall share equally the cost of any court
reporter/stenographer and hotel or other hearing site expenses on a
case by case basis, as agreed upon by the parties before such
arbitration.
Section 17.16
Performance Appraisal Grievances:
Employees
shall have the right to redress any grievances regarding their annual
performance appraisals by explaining their grievance or disagreement
with the appraisal on the appraisal itself, explaining in plain
language the basis for such grievance. Within 15 days after the
appraisal is given to the employee and the employee has written his/her
comments, the employee shall meet with the appropriate area head to
discuss and, if possible, resolve the grievance. If the grievance is
not resolved at this meeting (or within one week of the meeting), the
employee may, within 30 days after receiving the area head's answer,
meet with the department head to discuss and, if possible, resolve the
grievance. If the grievance is not resolved at this meeting (or within
one week of the meeting) the matter shall be considered closed. There
shall be no further recourse to the procedures for adjusting
controversies and there shall be no arbitration of such grievance,
unless the union contends that the overall rating for the appraisal has
no basis in fact.
Mirant
ARTICLE 17
GRIEVANCE PROCEDURE
Mirant Employee Grievance Form - requires Adobe Acrobat to open.
17.1 Definition
A
grievance is defined as an alleged violation of a specific term(s) or
provision(s) of this Agreement. Should either party allege a violation
of this Agreement, an earnest effort shall be made to settle such
matters promptly in accordance with this Grievance Procedure.
17.2 Early Resolution
Immediately
upon becoming aware of an alleged violation of this Agreement and prior
to filing a formal grievance, the employee and/or his designated
Steward shall explain the matter to his team or group leader. An
attempt will be made to settle the complaint at this stage within the
ten (10) calendar days permitted in 17.3 below. If a grievance is not
delivered as described above within ten (10) calendar days of the
alleged violation, it will no longer exist unless otherwise agreed to
as provided in section 17.6.
17.3 Formal Grievance Filing
If
the appropriate team or group leader response does not resolve the
complaint, then within ten (10) calendar days after the alleged
violation took place, the grievance shall be stated in writing on forms
available from the Company or the Union, listing facts, reasons, and
Agreement provision(s) in question. The grievance must be numbered by
the Union, dated, and signed. Copies shall be given to the Facility
human resources generalist and team or group leader.
17.4 Scheduled Meetings
The
Company and Union will determine those employees to be present at any
scheduled meetings to discuss each grievance. The Company and Union, so
as not to interfere with Facility operations and to minimize employee
time off the job, will mutually determine the time and location of the
meeting(s).
17.5 Steps of the Grievance Procedure
The Steps of the Grievance Procedure shall be as follows:
(a)
Step One - The Steward, Grievant, and the group or team leader shall
discuss the grievance within ten (10) calendar days from the date of
receipt of the grievance. Within ten (10) calendar days after this
meeting, the Company shall answer in writing to the Union President or
his designated representative. Within ten (10) calendar days after
receipt of the Company's answer, the Union may refer the matter to the
Review Committee in Step two (2).
(b) Step Two - The Step two (2)
Review Committee is comprised of the Company's Director of Operations
East/West or his designee or in the case of the MSC, the Manager of the
MSC or his designee, the team and/or group leader, the Facility human
resources generalist, and a Union Business Representative, Steward(s),
Chief Steward(s), and Grievant(s). They shall meet within ten (10)
calendar days and have the authority to interview additional witnesses,
seek additional information, settle or send to arbitration. Within ten
(10) calendar days after this meeting, the Company shall answer in
writing to the Union President or his designated representative. Within
thirty (30) calendar days after receipt of the Company's response, the
Union may refer the matter to Mediation/ Arbitration as provided in
Article 18.
(c) Unless otherwise agreed to as provided in section 17.6:
- If
a grievance is not addressed by the Company within the time limits as
stipulated in Step One and Step Two above, the grievance shall be
sustained and settlement awarded, both on a non precedent setting
basis, unless a specific settlement is otherwise provided for in this
Agreement.
- If a grievance is not addressed by the Union within
the time limits as stipulated in Step One and Step Two above, the
grievance is resolved per the Company's last written response.
17.6 Time Limit Extensions
It
is agreed that the grievance procedure or time limits may be varied at
any time by agreement of the parties when such action appears to be
necessary or desirable.
Pepco
ARTICLE 17
GRIEVANCE PROCEDURE
Pepco Employee Grievance Form - requires Adobe Acrobat to open.
Section 17.01.
It is considered by the parties that all grievances should be presented
promptly, discussed without delay and answered within a reasonable
time. A grievance is defined as a violation of a specific term(s) or
provision(s) of this Agreement or of an established precedent in terms
and/or conditions of employment. It is also considered that grievances
should be settled whenever possible at the levels where the greatest
familiarity with the subject matter exists. Any individual employee or
group of employees shall have the right to present grievances and to
have them considered for adjustment, provided any adjustments are not
inconsistent with the terms of this Agreement and a Union
representative has been given an opportunity to attend as provided in
this procedure. Therefore, it is agreed that all grievances shall be
subject to the following grievance procedure.
Section 17.02.
Any employee who believes that he/she has a grievance shall, within one
(1) week after the cause of the grievance is alleged or known to have
taken place, discuss it with his/her immediate supervisor. The employee
may, if he/she desires, have his/her Steward present during the
discussion. The supervisor shall within three (3) workdays after the
discussion, notify the employee or Steward (if present at the
discussion) of his/her disposition of the matter.
Section 17.03.
Step 1 If the appropriate supervisor's response does not resolve the
grievance, then within two (2) weeks after the cause for the grievance
is alleged or known to have taken place, the grievance shall be stated
in writing on forms available from the Company or the Union, listing
facts, reasons, Agreement provisions in question, and/or established
precedent in terms and conditions of employment. The grievance must be
numbered (by the Local Union Office), dated and signed and one (1) copy
shall be delivered to the Department Head and one (1) copy shall be
delivered to Employee Relations and Communications Center. If a
grievance is not delivered to the Department Head within two (2) weeks
after occurrence of cause for the grievance, it will no longer exist.
Section 17.04.
Within one (1) week of delivery of the aforesaid grievance to the
Department Head, the appropriate supervisor(s), the grievant, Steward,
and/or Chief Steward shall meet to resolve the grievance. Within one
(1) week after the meeting, the appropriate supervisor(s) shall give
written notice to the Steward, with a copy to the Local Union
President, of the determination of the grievance. If the grievance is
not resolved, it may be taken to Step 2.
Section 17.05.
Step 2 If the grievance is not resolved in Step 1, the President of the
Local Union (or his/her designated representative) may, within two (2)
weeks after receipt of the written determination in Step 1, submit in
writing to the Manager Employee Relations and Communications Center (or
his/her designated representative) a request for a meeting to resolve
the grievance. Within one (1) week after receipt of such request from
the Local Union President (or his/her designated representative), the
Manager Employee Relations and Communications Center (or his/her
designated representative) shall arrange to meet with the Union's
Grievance Committee (grievant, Steward, Chief Steward, and/or Local
Union President or his/her designated representative) to resolve the
grievance. Such meeting will be held within four (4) weeks of the
receipt of the request unless mutually agreed otherwise. The Union and
the Company may have present and eligible to participate in the
discussion any persons they so desire. Within two (2) weeks after the
meeting, the Manager Employee Relations and Communications Center (or
his/her designated representative) shall give written notice to the
Local Union President (or his/her designated representative) of the
determination of the grievance. If the grievance is not resolved in
Step 2, it may be taken to arbitration as provided in Article 18.
Section 17.06.
Discussions regarding grievances shall be conducted as far as
practicable during the employee's working hours. Payment for
discussions regarding grievances shall be compensated as outlined in
Article 4 of this Agreement. All employees shall first obtain
permission from their supervisor to be absent for such meetings and
must report to him/her upon returning.
Section 17.07.
Grievances relating to matters which extend beyond a single Department,
Division, or Group may originate in the Step of the grievance procedure
where management authority to settle the matter exists, but no
grievance may be taken to arbitration until it has been presented in
Step 2, except where time limits as described in Section 17.05 have
been exceeded and then only if the party seeking to move the matter to
arbitration has not caused or contributed to the time limits being
exceeded or except as otherwise provided for in Section 16.05 regarding
discharges.
Section 17.08. Whenever a grievance involves a
group of employees, a committee of not more than three persons, which
shall include the appropriate Steward and at least one of the employees
affected, may be substituted for an employee wherever the word
"employee" is used in the grievance procedure.
Section 17.09.
It is agreed that the grievance procedure or time limits may be varied
at anytime by agreement of the parties when such action appears to be
necessary or desirable.
Section 17.10. The Union and the Company shall inform each other of persons authorized to represent them in grievance matters.
Section 17.11. Grievances of the Company or Union shall originate in the lowest step where authority to take appropriate action exists.
Section 17.12.
The grievance procedure is applicable to all employees in the
bargaining unit except as otherwise restricted elsewhere in this
Agreement, provided, however, that terminations of regular employees
during their first year of continuous service and terminations of
temporary employees at anytime may not be the subject of a grievance.
Section 17.13.
Failure to comply with the time limit provisions by employees or Union
representatives shall invalidate the grievance. Failure to comply with
the time limit provisions by Management representatives shall permit
the grievance to be advanced to the next Step of the grievance
procedure.
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