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Article 13: Grievance/Arbitration

ARTICLE 13

Standing Committee

Grievance and Arbitration Procedures

Section 1. The Guild shall designate a committee of its own choosing to take up with the Publisher or the Publisher's Authorized Agent any matters arising from the application of this Agreement or affecting the relations between the employees and the Publisher. Nothing in this article is meant to discourage the direct discussion of work issues and questions that may arise between an employee and his or her supervisor.

Section 2. It is agreed that any grievance settlement shall be limited to one (1) year of retroactivity from the date of discovery. 

If a grievance arises, it shall be processed in the following manner.

 Step 1 – Verbal notice to Department Manager / Department Head. The Guild may first notify a Department Manager/Department Head of a grievance. The Department Manager/Department Head has to respond in a timely fashion.

A grievance that affects the Bargaining Unit in general or a policy/practice that applies to numerous similarly situated employees may be submitted in writing directly to Step 2.

Step 2 – Written notice to representative of the Publisher. If the grievance is not settled, the Guild may submit the grievance to the representative of the Publisher in writing, stating the facts that gave rise to the grievance and the remedy sought. The parties shall meet within thirty (30) days to discuss the grievance. 

If the grievance is not settled within 30 days from said meeting, the Guild may submit the grievance to Arbitration.

Section 3. The Guild may notify the Publisher of its intent to submit the question to arbitration, such arbitration not to actually be initiated until fifteen (15) days after notification of intent by the Guild. The Arbitrator shall be selected by mutual agreement of both parties and the Arbitrator’s decision shall be final and binding. In the event that both parties are unable to agree on an Arbitrator, he or she shall be designated by the American Arbitration Association. The cost of Arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without express consent. If the Guild chooses not to submit a grievance for arbitration to the American Arbitration Association within thirty (30)days after the conclusion of Step 2 above, that grievance is considered resolved. The Guild’s decision not to pursue the grievance shall not constitute a precedent for any future case of the same or similar nature.

Section 4.  All time limits in this grievance and arbitration procedure are of the essence and may be waived only in writing signed by authorized representatives of the Publisher and the Guild. 

Section 5. The arbitration provision, contained in this Agreement, is hereby specifically made subject to provisions of all federal and state law.