DAVE CARLSON

P&M GRIEVANCE CHAIR, LOCAL 338

 

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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