Section 5.2. Definition of Grievance

A grievance is any dispute or difference of opinion raised by an Employee against the Company involving the meaning, interpretation or application of a specific provision(s) of this Agreement or a claimed violation of a specific provision(s) of this Agreement. Where a grievance involves all the Employees of the plant, alleged violations of Employees' seniority rights with respect to layoffs from or recalls to the plant, or alleged violations directly affecting Employees working in more than one department, the Chairman of the Grievance Committee may file a grievance, and it shall be filed directly at Step 2. In the event an Employee dies, the Union may process on behalf of his legal heirs any claim he would have had relating to any monies due under any provision of this Agreement.

Section 5.3. Disclosure

At all steps in the complaint and grievance procedure, the grievant and the Union representatives should disclose to the Company representatives a full and detailed statement of the facts relied upon, the remedy sought, and the provisions of the Agreement relied upon. In the same manner, Company representatives should disclose all the pertinent facts relied upon by the Company.

Section 5.4. Payments Pursuant to Settlement

In any settlement involving retroactive payments, the appropriate Union and Company representatives shall expeditiously determine the identity of the payees and the specific amount owed each payee. Payment shall be made promptly but, unless otherwise mutually agreed, if the payment is not made within 30 days after such determination, the affected payee(s) will be paid interest from the date of such determination at the rate of 7 percent per annum.

Section 5.5. Complaint and Grievance Procedure

Step 1

1.         Any Employee who believes that he has a justifiable complaint shall, with or without his Committeeman or Assistant Committeeman, discuss the complaint with his supervisor in an attempt to settle same within twenty (20) work days of the event giving rise to the complaint, or within twenty (20) work days of the date on which the Employee should reasonably have had knowledge of the event.

2.         If the supervisor and the Employee after full discussion feel the need for aid in arriving at a solution, they may invite such additional Company or Union representatives or witnesses from the plant as may be necessary and available to participate in further discussion. Such additional participants shall not relieve the supervisor and grievance Committeeman or Assistant Committeeman, if involved, from responsibility for solving the complaint. The supervisor involved with the complaint, or his designee shall respond to the complaint within five (5) work days of its receipt. The supervisor shall have authority to settle the complaint. The grievance Committeeman or his Assistant Committeeman, if involved, shall have authority to settle, withdraw, or refer the complaint as provided below.

3.         If the complaint concerns only the individual or individuals involved, and its settlement will have no effect upon the rights of other Employees, the individual or individuals involved may effectively request that the matter be dropped.

4.         The foregoing procedure of direct communication and discussion shall not be bypassed, and should result in a full disclosure of facts and a fair and speedy resolution of most of the complaints arising out of day-to-day operations of the plant. The settlement of a complaint in Step 1 shall be without prejudice to the position of either party.

5.         If a complaint is not settled by such discussion, the Grievance Committeeman or Assistant Committeeman can refer the complaint in writing to the supervisor by completing a Complaint Form/Union Record, on forms furnished by the Company, which shall include the date submitted, complaint number, statement of the grievance, date of alleged violation, Union understanding of the facts (including positions and reasons therefor), sections of the Agreement alleged to have been violated, remedy requested, date of supervisor's response, and the signature of the Employee(s) and Committeeman.

6.         In order for the complaint to be considered further said Complaint Form/Union Record must be submitted to the Employee's supervisor not later than five (5) work days after receipt of the supervisor's Step 1 Oral Response; and in cases of disciplinary suspension, the submission of the form shall be not later than five (5) work days after the Company's actions with respect to such disciplinary suspension.

7.         The supervisor's answer shall be returned to the Employee's Grievance Committeeman or Assistant Committeeman not later than five (5) work days after receipt of the complaint form referred to in paragraph 5 above. Said answer shall be on a form furnished by the Company, and shall set forth the complaint number, the date(s) of the first step discussions, the Company's understanding of the facts (including position and reason therefor), the Company answer, date submitted and signature(s) of the Company representative presenting the first step answer.

8.         The complaint form referred to in paragraph 5 and the answer referred to in paragraph 7 shall comprise the written record in Step 1.

Step 2

1.         In order to be considered further, a grievance shall be appealed by the Union to the Manager of Labor Relations and/or his representatives within ten (10) work days of receipt of the written record, by proper notation on such written record.

2.         Such grievance shall be discussed within ten (10) work days (or such later time as may be agreed) of the submission of the appeal of the grievance at a special or regular meeting. The Chairman of the Grievance Committee and the grievance Committeeman for the area affected and the Manager of Labor Relations and/or his representatives shall have a regular monthly or special meeting at which, among other appropriate matters, pending grievances in Step 2 shall be discussed. Either party may call witnesses, and their attendance shall be limited to time required for their testimony. Participants should also include the involved supervisor and Employee unless otherwise agreed. Grievances discussed in Step 2 shall be answered by the Manager of Labor Relations or his representative in a written Step 2 Company Response which shall be served on the Chairman of the Grievance Committee no later than ten (10) work days after the date of the Step 2 meeting unless a different date is mutually agreed upon. The Step 2 Company Response shall be added to and form a part of the written record.

3.         Said Company Response shall provide the following information:

a. Date and place of meeting.

b. Names and positions of those present.

c. Identifying number and description of each grievance discussed.

d. Statement of the subject matter of the grievance.

e..Statement of the parties' positions and facts and contentions submitted in support thereof, and decision reached.

f. Signature and date of receipt by Chairman of Grievance Committee or his designated representative.

4.         If the Chairman of the Grievance Committee shall disagree with the accuracy of the Step 2 Company Response, he shall set forth and sign his reasons for such disagreement and the Step 2 Company Response, except for such disagreement, shall be regarded as agreed to.

5.         The Manager of Labor Relations and/or his representatives shall have authority to settle any grievance before him. The Chairman of the Grievance Committee shall have authority to settle, withdraw, or recommend for appeal to Step 3 of the Grievance procedure, any grievance before the Grievance Committee.

Step 3

1.         In order for a grievance to be considered further, written notice of appeal shall be served, within ten (10) work days after receipt of the Company's Step 2 Written Response by the designated representative of the International Union, upon the General Manager of Employee Relations.

2.         Discussion of the appealed grievance shall take place at the earliest date of mutual convenience following receipt of the notice of appeal, but not later than twenty (20) work days thereafter. Step 3 meetings shall not be postponed except in unusual circumstances by mutual written consent.

3.         Grievances discussed in such meeting shall be answered, in writing and served on the designated representative of the International Union by the General Manager of Employee Relations within ten (10) work days after the date of such meeting unless by mutual agreement a different date for disposition is agreed upon. The Company's Step 3 Written Response shall form a part of the written record.

4.         Except for witnesses, the Step 3 meetings shall be limited to the General Manager of Employee Relations or his designee and the Staff Representative of the International Union, or his designee unless otherwise mutually agreed upon in advance of the meeting.

5.         The General Manager of Employee Relations shall have authority to settle the grievance. The Staff Representative of the International Union shall have authority to settle, withdraw or appeal the grievance to arbitration. If the decision in Step 3 is not timely appealed to arbitration as provided below, the grievance shall be considered settled on the basis of the Company's Step 3 Written Response and shall not be eligible for further appeal.

Section 5.6. Time Limit Default

In the event either party fails to develop the grievance papers, for any complaint or grievance by the end of the time limits specified for Step 1, Step 2, or Step 3 of the grievance procedure, such grievance shall be considered settled in favor of the non-defaulting party, with an appropriate remedy to grievant(s) if in favor of the Union. The Union shall not seek to enforce the time limits of this Section of the Agreement unless the appropriate Company representative is notified in writing of the Union's intent to invoke time limits. After receipt of such notice, the Company representative shall have the additional time (described below) after the expiration of the normal Section 5 time limits to correct such failure without incurring a penalty. The Company shall not seek to enforce the time limits under this Section of the Agreement to consider a grievance settled in its favor unless the appropriate Union representative responsible for appealing the grievance to the next Step is first notified in writing of the Company's intention to invoke the normal Section 5 time limits. After receipt of such notice, the Union representative shall have the additional time (described below) to appeal such grievance(s). The additional time period, after notification, for either party to correct its failure to process the complaint or grievance shall be 6 days. In exceptional cases, involving, for example, a large number of complaints or grievances, a reasonable extension of time beyond the 6 days shall be agreed to in writing.

By mutual agreement and for good cause, reasonable extensions of time will be given either party in writing; agreement to such extensions of time shall not be arbitrarily withheld by either party. Any dispute resulting from the application of this time limit procedure shall be processed solely through the complaint and grievance procedure under Section 5.

Any difficulty in administering or abuse of this new procedure shall be promptly investigated by the Company and International Union and appropriate steps shall be taken to remedy such problem.

Section 5.7. Disciplinary Grievances

A grievance which claims that a discharge was not for proper cause shall be filed directly at Step 2. It shall be placed in writing on the grievance form, signed by the Employee and dated and delivered by the Employee concerned (or on his behalf by a Grievance Committeeman) to the Department Manager. Such a grievance will be discussed at a Step 2 meeting.

Section 5.8. Investigation and Discussion

Grievance discussions and investigations shall take place during normal working time unless otherwise mutually agreed and shall be conducted in a manner which shall not interfere with operations. A Step 2 grievance over a discharge or a disciplinary suspension or a Step 1 grievance over a safety matter, may, at the request of the Committeeman concerned, be discussed during normal working time, provided that the necessary Company representatives are available in the plant.

Section 5.9. Right to Proceed

If the Company's decision or answer to a complaint or a grievance is not given within the prescribed time requirements in any Step, the Union after notifying the Company may refer or appeal to the next step.