APPENDIX C:
Jurisdiction | United States |
APPENDIX C:
Labor Arbitration Example—BASF Corporation1Grievance and Arbitration Procedure
1. Definition
An employee grievance is a claim by an employee with a real interest in the outcome supported by the Union that there has been a violation of an express provision of the Labor Agreement and stating the specific relief requested. To be timely a grievance must be filed within ten (10) working days (five (5) working days in discharge matters) of the date the event or sequence complained of first arose within the Bargaining Unit.
2. Processing
Grievances shall be processed as follows:
Step 1: (Not applicable to discharge matters.) The grievant accompanied at the grievant’s option by the appropriate Steward shall discuss the matter orally with the grievant’s immediate Supervisor. The grievance shall be presented to the Supervisor within ten (10) working days of the date the alleged event or sequence originally occurred or began. The Supervisor shall respond orally within ten (10) working days of receiving the grievance.
If the Steward was present during the discussion, the Steward shall be offered the opportunity to be present when the answer is given. If the employee is not satisfied with the Supervisor’s answer, the employee may appeal to the Second Step by reducing the grievance to writing, citing the express Article and Section of the Labor Agreement alleged violated, stating the specific relief requested, having the grievance signed by both the employee and the Steward, and by presenting the written grievance to the employee’s Superintendent, or that person’s designated representative, within not more than five (5) working days of receipt of the immediate Supervisor’s First Step Answer.
Step 2: (Not applicable to discharge matters.) Within five (5) working days of receipt of the Steward’s and the grievant’s First Step appeal, the Superintendent, or that person’s designated representative, shall schedule a Second Step Grievance Meeting. Persons entitled to attend the Second Step Meeting shall be the Superintendent, or that person’s designated representative, a representative of the Human Resources function, the grievant’s immediate Supervisor, the grievant, and the appropriate Steward. Only new matter shall be considered at this meeting. Within ten (10) working days after the Second Step Meeting the Superintendent, or that person’s designated representative, shall answer the grievance in writing with a copy to the grievant and Steward.
In the event both...
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