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MARCH
2009
Some
members have asked me how a grievance goes from a step 1 to Arbitration,
so I'll attempt to answer that. It starts out as a step 1 grievance
which is a verbal discussion with the Foreman over a probable contract
violation. If the Foreman disagrees with the members position, then it
is converted to writing on a step 2 grievance form. The written
grievance will include date of grievance, the alleged violation, portion
of contract that was violated, and what the remedy should be. Depending
on the Company's answer, the Union can agree, disagree, or withdraw the
grievance. If we disagree, the grievance will be appealed to the 3rd
step where the Company's Rep, Kyle England will meet with me to try and
resolve it. If we can't agree then it will be appealed to the 4th step
where a Representative from the International Union and Kaiser's
Corporate HR Representative will meet, along with Kyle England, myself,
Dan Wilson and sometimes the grievant or a witness. At the 4th step, if
the grievance is not settled right away, then the Company Representative
will send us a written answer. If we don't agree with their answer we
can appeal it to arbitration. If the grievance involves Contracting Out
or Wage Inequity it can be appealed to step 4-1/2 where a Union
Representative from Pittsburgh could come out and help settle the
grievance. If we choose to arbitrate the grievance, we'll request a
panel of arbitrators from the Federal Mediation and Conciliation
Services (FMCS). Both sides have the ability to strike arbitrators the
same way jury selection takes place. The panels are made up of 7
arbitrators. If we strike all 7 arbitrators, we can request another
panel until both sides agree on the arbitrator. Once the selection is
made, we will contact the arbitrator to set up a date and time for the
hearing. During an arbitration the Company usually has the burden of
proof so they will present their case first. Under our contract neither
side can call witnesses from the other side to testify, (Company or
Union). If the hearing is for a discharge, the arbitrator must agree to
render a decision within 45 days. The expenses of the arbitration are
borne equally by the parties. At the conclusion of the arbitration, the
arbitrator can render a bench decision, which is immediate, or both
parties may agree to post hearing briefs for their closing arguments.
Closing briefs usually add 30 days to the arbitrators decision. In most
cases it usually takes about 6 weeks following an arbitration to get a
decision. Under our contract, all rulings made by the arbitrator are
final and binding.
In Solidarity,
Dave Carlson P & M Chair
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