Opening of Bids - Three Twenty at the Cascade Glazed Assemblies Project No 118-074A - Precision Wall Systems Inc

Home Browse Search

individual employee or group of employees, the Employer shall also be responsible for promptly forwarding a copy of any such grievance to the Business Manager/Secretary Treasurer so as to assure that the Union is aware of the pendency of the grievance. b. Step Two: Within one (1) week after the filing of a grievance, or at such other time as the parties may mutually agree, a representative of the Union shall meet with a designated representative of the Employer to attempt to resolve the grievance. If the grievance has not been resolved within one (1) week following such a meeting [or within two (2) weeps following the date of the grievance if no such meeting has occurred or been scheduled], then the Union may proceed to submit the matter to arbitration under the procedures set forth below. Notwithstanding any provision set forth herein or elsewhere in this Article, the parties may, at any time, agree mutually to extend any time limit or time frame set forth. C. Step Three: Arbitration. If the parties cannot agree upon a settlement of a grievance, then the Union may, within thirty (30) days following notice to the Employer that it intends to seek arbitration, submit the matter for final and binding arbitration under the rules and regulations of the Federal Mediation and Conciliation Service. The decision of a neutral arbitrator, selected pursuant to FMCS rules and regulations, shall be final and binding upon all parties and the grievant(s). The costs of any such arbitration proceeding shall be, shared equally by the Union and the Employer, except that each party shalt pay the cost for any witnesses they may call at a hearing (except for employees of the Employer who are "on -the -clock" during any such proceeding), counsel fees (which shall be borne by the party employing such counsel), and stenographic fees (which shall be borne by the party ordering a copy of the transcript, if any). The arbitrator shall have no power to alter, modify, or change any provision in the collective bargaining agreement and his/her powers shall fiuther be limited to an interpretation(s) of the agreement, a determination of the specific matter presented in the grievance, and a decision that shall state an appropriate remedy in relation to that grievance. Section 3. If the Employer fails to comply with a final and binding decision issued by an arbitrator or a settlement agreed upon by the parties, the Union may, in its discretion: (a) terminate this Agreement by forty-eight (48) hours written notice to such Employer, or (b) continue this Agreement in effect but not be bound or restricted by any "no -strike" clause or similar obligation hereunder; andlor (c) resort to any legal recourse available to it, including a jab action, a strike, or litigation. Section 4. There shall be no strike or lockout on any job over any grievance or dispute while it is being processed through this grievance procedure and until the said procedure has been exhausted. However, and notwithstanding any contrary provision of this Agreement, the Union may remove employees from any job(s) of the Employer if the Employer fails or refuses to pay the wages and/or fringe benefits provided for and required by this Agreement, or refuses to participate in the grievance process set forth above, or fails to comply with a final and binding decision issued at any level of this grievance procedure. Nothing stated in this section shall preclude the Employer from resorting to the grievance procedure with respect to any action or sanction taken or imposed by the Union hereunder. Section 5. If a Joint Trade Board is formed between District Council 91 and signatory employer or associations, the Employer agrees that the Union may, upon written notice to the Employer, reopen this Agreement for the sole purpose of modifying this Article to substantially conform to the Joint 8