All ITPEU Collective Bargaining Agreements contain a basic provision which establishes a process for resolution of disputes. The following example is the grievance provision normally included in ITPEU contracts. As you will see, an employee who has a grievance must file it in writing with the Company within the stated time limit. You should always review the grievance procedure in the collective bargaining agreement applicable for your work site to determine what you have to do for your grievance to be properly filed.
SAMPLE GRIEVANCE PROVISION
Grievance Procedure – The following procedure shall govern the submission of grievances. All grievances must be presented in writing and filed and processed in accordance with the following exclusive procedure:
The employee who has a grievance shall discuss it with the Project Manager either himself or through his steward. If the grievance is not settled in the Step 1 meeting, it may be appealed by the Union Representative to the Project Manager to Step 2 within _______ days of the Step 1 meeting. Company grievances shall be processed beginning with Step 2.
The Union Representative and the Project Manager will discuss the grievance. If the grievance is not disposed of to the satisfaction of the party filing the grievance at Step 2, the grievance may be appealed to Step 3 by the party or representative of the party filing the grievance by filing a written appeal to the opposing party within _____ days after Step 2.
Within _____ days after the appeal of the opposing party, the parties (the Company represented by its designated representative and the Union represented by its designated representative) will attempt to settle the grievance. The party being complained against shall render the party's decision within _____ days of such meeting. If the grievance is not disposed of to the satisfaction of the complaining party, the grievance may be appealed to arbitration by the Company or the Union lodging a written appeal with the other party within _____ days of receipt of such written decision.
The grievance involving discharge of an employee shall be brought directly to Step 2 and must be filed within ____ days of discharge.
A grievance not involving discharge shall be without effect unless filed in writing within ____days from the date the complaining party discovered the facts or should have discovered the facts giving rise to the grievance.
At any Step of the grievance procedure, the Company or the Union may designate a substitute for the official designated herein, other than persons who have previously participated in such grievance. The officially designated representative of either party may be accompanied by two (2) other persons at any Step of the procedure except Step 1. The parties may mutually agree that further representatives may be present.
The time limits set forth in this Article may be extended mutually in writing. Time limits are exclusive of Saturday, Sunday and recognized holidays.
In addition to the grievance procedure such as that above, the usual ITPEU collective bargaining agreement includes a provision for arbitration in the event the grievance is not resolved to the mutual satisfaction of the parties. In those cases, the dispute is presented to a neutral arbitrator who will decide the matter.
If you are currently covered by an ITPEU contract, you may use this form to file a grievance. Remember: You must submit the completed form to the Company (usually your project manager) within the time set by the collective bargaining agreement which covers you. Please make copies of the completed form, have the project manager acknowledge receipt on your copy of the grievance form and give a copy to your Shop Steward.