Grievance Procedure:

25.2 Procedural Steps Per Contract.

At the request of the employee, a Union Steward may be present during the Step 1 discussion.
 

a. Step 1 An employee or the Union, no later than five (5) workdays from the date of an event giving rise to the grievance or five (5) workdays from the date the grievant should have reasonably learned of the event giving rise to the grievance, whichever is later, must discuss the grievance with the immediate Team Leader. The immediate Team Leader shall orally respond to the employee no later than two (2) workdays thereafter.



Grievances settled at Step 1 shall not establish precedent.


b. Step 2 If the grievance is not settled at Step 1, the Steward or Business Representative, no later than five (5) workdays after completion of Step 1, or no later than seven (7) workdays after the grievant should reasonably have learned of the event giving rise to the grievance, whichever is later, must submit a written grievance to the immediate Team Leader or Human Resources Representative on a grievance form. All grievances presented at Step 2 of the procedure shall set forth the facts giving rise to the grievance, the specific provision(s) of the Agreement, if any, alleged to have been violated, the names of the aggrieved employee(s), or class of employees and the remedy sought. The immediate Team Leader or Human Resources Representative shall give his written answer to the grievance within five (5) workdays after receipt of the grievance.

A Union Steward and/or Business Representative will be present during a Step 2 discussion, if such a meeting is held.


c. Step 3 If the grievance is not settled at Step 2, the Union Steward and/or Business Representative, no later than five (5) workdays after receipt of the Team Leader’s written answer at Step 2, may file a written response to that answer to the Department/Plant manager. All responses at Step 3 of the procedure must be signed by the Union Steward and/or the Business Representative.


Not later than five (5) workdays after receipt of the written response, the Department/Plant manager, or his designee, shall meet with the employee and the Steward and/or Business representative. The Department/Plant manager, or his designee, shall give his written answer to the grievance within five (5) workdays after such meeting. A written answer submitted by the Company shall be signed and dated by the Department/Plant manager or his designee, and such answer shall be final and binding on the employee, Union and the Company, unless it is timely appealed to arbitration by the Union in accordance with the procedures set forth in Section XXVI of this Agreement.


d. For grievances alleging that a discharge occurred in violation of this Agreement, the parties agree that such a grievance shall be submitted directly at Step 3 of the procedure. Such a grievance must be presented on the grievance form and shall set forth the specific provision(s) of the Agreement, if any, alleged to have been violated, the name of the aggrieved employee, and the remedy sought. Such a grievance must be presented no later than seven (7) calendar days after the employee learned of his discharge or twelve (12) calendar days from the date of his certified discharge letter, whichever is earlier.


25.3 Time Limitations

It is the intention of both parties to meet the time limitations set forth in this Section. Any request to extend a timeline prior to the deadline will not unreasonably be withheld. No grievance shall be accepted by the Company unless it is submitted or responded to within the time limits set forth in this Section of the Agreement. If the grievance is not timely submitted at Step 1 or Step 2, it shall be deemed waived. If the grievance is not timely appealed to Step 3, it shall be deemed to have been settled in accordance with the Company’s Step 2 answer.

 

For a grievance contesting a discharge: if such grievance is not timely submitted in accordance with Paragraph 25.2 d. above, it shall be deemed waived.
 

25.4 If the Company fails to answer within the time limits set forth in this Section of the Agreement, the grievance shall automatically proceed to the next step of the grievance procedure.


SECTION XXVI
ARBITRATION

26.1 Any grievance, as defined in Section XXV of this Agreement, that has been properly and timely processed through the grievance procedure set forth in this Agreement and that has not been settled at the conclusion thereof, may be appealed to arbitration by the Union serving the Company with written notice of its intent to appeal. The failure to appeal a grievance to arbitration in accordance with this Section within twenty (20) calendar days after receipt of the written answer of the Company at Step 3 of the grievance procedure set forth in Section XXV of this Agreement shall constitute a waiver of the Union's right to appeal to arbitration, and the written answer of the Company at Step 3 of the grievance procedure shall be final and binding on the aggrieved employee(s), the Company, and the Union.

26.2 Not later than thirty (30) calendar days from the ratification date of this CBA, the Company and the Union shall meet to establish a mutually-agreed-to panel of five (5) arbitrators from either the American Arbitration Association (AAA) or the Federal Mediation and Conciliation Service (FMCS). Once that panel is created, during the term of this Agreement, each of the listed arbitrators is empowered to preside over any case, properly brought before him, pursuant to this Section XXVI. Jointly, the Company and the Union will label the arbitrators on the panel, A through E. The arbitrator labeled “A” will be contacted to preside over the first case properly appealed to arbitration during the term of this Agreement. If either the Company or the Union feels that said arbitrator cannot hear the case in a timely manner, arbitrator “B” will be contacted to hear the case. If either the Company or the Union feels that arbitrator “B” cannot hear the case in a timely manner, arbitrator “C” will be contacted. This procedure will be followed until the case is actually docketed with an arbitrator on the list. For the next arbitration case that arises, the parties will contact the arbitrator whose letter immediately follows the letter of the arbitrator assigned to the first case; for the third arbitration, the parties will contact the arbitrator whose letter immediately follows the arbitrator assigned to the second case, and so forth and so on. However, in no event will any arbitrator hear two (2) cases in a row. If circumstances call for such a happening, the parties will have to agree on the availability of one of the earlier-contacted arbitrators as being timely and assign the case to that arbitrator.

26.3 Not later than twenty (20) calendar days after the Union serves the Company with written notice of intent to appeal a grievance to arbitration, the Company and the Union shall confer and agree on the appropriate arbitrator to be contacted in accordance with paragraph 26.2 above. Said arbitrator will be contacted and the procedure described in 26.2 will be followed until the case is assigned.

26.4 The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the express provision(s) of this Agreement at issue between the Union and the Company. He shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee(s), the Union and the Company.

26.5 The fee of the arbitration association service and the fees and expenses of
the arbitrator, the hearing room and court reporter (if applicable) shall be split equally by the parties. For all other matters related to the arbitration, each party shall bear its own arbitration expense.

What Is a Grievance?

25.1 A grievance is a dispute about the interpretation or application of this Agreement or an alleged violation of a provision of this Agreement

When Should I File?

You should file your grievance the same day.

In the case of discharge or discipline:

Check with the shop steward on the time limits from the date of occurrence of discipline. Each contract has different time limits…KNOW your contract!

NOTE:
If a situation occurs at work which you feel is unfair to you or leads to disciplinary action, UFCW Local 186D recommends that you do not engage in an argument.

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