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Grievance Time Limits and Process

APWU GUIDE TO THE GRIEVANCE PROCEDURE
Procedures of any grievance includes, but is not limited to, the complaint of an employee or the union which involves the interpretation, application of, or compliance with the provisions of the APWU Agreement or any Local Memorandum of Understanding. When an employee or the union believes their rights under the Agreement have been violated your Shop

Steward should:
* ESTABLISH A FILE

• Request all relevant information from appropriate management official. Take detailed notes.
• Interview grievant, witnesses if appropriate and review applicable documents.

STEP 1
• Discuss grievance with immediate supervisor within 14 days of date union or employee first learned of its cause.
• Take notes of union and supervisor's Step 1 positions in discussions.
• Supervisor's decision shall be given no later than 5 days after Step 1 discussion, unless parties agree to extension.
• If decision is unfavorable supervisor shall initial Step 2 standard grievance form at request of steward confirming date decision was rendered. Demand the form be initialed!
• Review notes of Step 1 meeting, contract and applicable references and documentation. If necessary discuss with other union officials.
• The union is entitled to appeal adverse Step 1 decision to Step 2 within 10 days after receipt of Step 1 decision. Use standard grievance form.

STEP 2
• Installation head or designee must meet with union representative within 7 days after receipt of Step 2 appeal.
• The parties representatives may mutually agree to jointly interview witnesses. In discharge cases either party shall have the right to present no more than two witnesses.
• The parties shall make a full and detailed statement of facts relied upon, contractual provisions involved, and union shall explain remedy sought. Union and management will exchange all relevant papers and documents.
• Take notes of statement of facts relied upon by management.
• Where agreement is not reached, employer's written decision is furnished to the union within 10 days after the Step 2 meeting. Time limit may be extended by mutual agreement.
• Decision shall include Employer's understanding of:
+ all relevant facts
+ contractual provisions involved
+ detailed reasons for denial
• If union's representative believes Employer's facts or contentions in decision are incomplete or inaccurate he/she may file a written statement to the Employer's representative setting forth corrections or additions.
• Once the Step 2 form is completed and reviewed for accuracy, it is wise to send the form to the installation head or designee by certified mail, return receipt requested.

STEP 3
• The union is entitled to appeal adverse decisions to the Regional Director for Employee & Labor Relations within 15 days after receipt of Step 2 written decision.
• File to union Step 3 representative should include:
+ Letter of charges (discipline)
+ Step 1 notes and any witness statements
+ Step 2 decision and Appeal Form
+ Step 2 notes
+ Copies of relevant documents (overtime list, manuals, seniority list, etc.)
+ Letter of objections/corrections if filed
+ Step 3 appeal.
• A copy of the Step 3 appeal and letter of corrections and objections must be forwarded to Employer's Step 2 representative and Regional Director for Employee & Labor Relations.

• The Union may appeal to arbitration at the Regional level within 21 days after receipt of the Step 3 decision, provided it is not an interpretive issue.
• If either party feels an interpretive issue exists, the APWU representative may appeal to Step 4 within 21 days of receipt of the decision.

 
   
         
Nashville APWU
P.O. Box 290033, Nashville, TN 37229
Phone: (615) 885-2833
Fax: (615) 885-0844
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