1.1 For the purpose of this Agreement, the term "grievance” means any dispute between the Company and the Union or between the Company and any employee concerning the effect, interpretation, application, claim or breach or violation of this Agreement.
1.2 Any such grievance will be settled in accordance with the following grievance procedure.
1.3 Grievance Steps - All grievances will be in writing on grievance forms provided by the Union and will be signed by all employees claiming rights there under. In an effort to adjust employee grievances by mutual agreement, they will be presented in the following order within the following time limits:
Step 1: The employee(s), with or without their steward, will promptly bring a written grievance to their Shift Manager/Department Manager within seven (7) working days1 following the event or discovery of the event (or an event which should have been reasonably known to the grievant) giving rise to the grievance, To obtain a Shop Steward for this Step 1, the employee will make a verbal request to his/her Shift Manager/Department Manager for the Shop Steward. Such requests will not be unreasonably delayed. Reasonable time spent by employees in such Step 1 meetings with the Shift Manager/Department Manager will be considered paid time. The Shift Manager/Department Manager will provide a written response within five (5) working days. If such grievance is not settled then:
1 The term "working days" as applied to any timelines in this Agreement will be defined as Monday through Friday exclusive of holidays established under this Agreement. This definition does not establish or pertain to any otherwise negotiated work hours, shifts or schedules under this Agreement.
Step 2: Within ten(10) working days of the Step 1 response, a written grievance containing the Article or Section which is claimed to be violated and the remedy requested must be signed by the employee(s) and submitted by the Chief Steward or designee and taken up with the HR Manager or his/her designee. A meeting between the Chief Steward and the HR Manager will be scheduled within five (5) working days. If no resolution has been reached at such meeting, within five (5) working days, the Company will reply in writing to the Chief Steward. If the written reply is not satisfactory, the Union may move to Step 3.
Step 3: Within ten (10) working days of the Step 2 reply, the grievance will be moved to Step 3 by written appeal to the DC Manager or his/her designee. The DC Manager or designee and the Business Representative or designee of the Union and one (1) Grievance Committee member will meet within fifteen (15) calendar days after receipt of the grievance into a third step. A written reply from the DC Manager will be given to the Union within ten (10) working days after the meeting. If no resolution has been reached from the Step 3 meeting, the Union may submit the grievance or dispute to arbitration as covered in the Arbitration Article by serving a written notice to the Company and FMCS of its intent to arbitrate within fifteen (15) working days following receipt of the Company’s Step 3 answer.
1.4 Grievance Meetings - The Parties will have the right to call such witnesses as are reasonably necessary to fully present their case during all grievance meetings. When it is necessary for an employee to leave their job for the purpose of attending a grievance meeting, they will be notified by their supervisor of the appropriate time to attend the hearing. All grievance hearings will be held during the grievant’s regular work hours.
1.5 Final Decision - Unless the Parties agree otherwise in writing, a settlement or compromise made with respect to any grievance will apply to that grievance only and will not become a binding precedent in the case of other grievances nor a precedent which will bind the Parties as an interpretation of the Agreement.
1.6 Extension of Time Limits-Time Limits will be strictly construed. If the Union fails to comply with the time limits, unless extended, the grievance will be considered withdrawn. If the Company fails to meet the time limits, unless extended, the grievance will be automatically sustained. Time limits will be extended only by written agreement of the Company and the Union.
1.7 Grievance Representation - Any aggrieved employee and Union Representative will have the right to be present at any stage of the grievance procedure in which the grievance is being considered. No employee may leave the job, take up, or handle a complaint or grievance without requesting permission from their immediate supervisor, Such permission will not be reasonably withheld.
1.8 Group Grievance - The Union reserves the right to file a general grievance claiming a breach of this Agreement. A grievance on behalf of three (3) or more employees will be filed at Step 2 of the Grievance Procedure and consistent with the applicable Step 2 time frames.
1.9 Applicable Contract Terms - Grievances filed under the terms of this Agreement will be processed, up to and including arbitration, under the language in the Agreement at the time the grievance was filed even though a new agreement has been negotiated subsequent to the grievance being filed, unless otherwise agreed by the Parties,