ARTICLE XIX – UNION REPRESENTATION/GRIEVANCE PROCEDURE


Union Representation
  1. The Company will recognize those stewards selected by the Union for specified locations. All stewards will be selected from SPOs employed by the Company within the bargaining unit who have received proper security clearance for the areas in which they represent SPOs. The Union will give the Company five (5) days notice of any change in stewards.

  2. The number of stewards will be established or changed by mutual agreement between the Union and the Company.

    It is agreed that such time will be limited to a reasonable amount and that the Union and Company will jointly investigate any case where it appears that an individual is taking an unreasonable amount of time.

  3. The Company will not unreasonably deny those Union officers, who are also employees of the Company, access to the Company’s work sites for purpose of making examination of physical facility in connection with a grievance or dispute. In a case where such access is sought for by a Union official, who is an employee of the Company, the request will be directed to the Director, Labor Relations. It is recognized that all security regulations as prescribed by the DOE must be complied with.

  4. When the Union and the Company mutually deem it necessary for a Union representative who is not an employee of the company to enter a restricted area for the purpose of making an examination of a physical facility in connection with a grievance or dispute, the Company will make a special request to the DOE for clearance for that occasion. It is recognized that all security regulations, as prescribed by the DOE, must be complied with.

Grievance Committee

  1. The Company also will recognize a Union Grievance Committee, not to exceed five (5) members, at least four (4) of whom will be SPOs employed by the Company. The remaining member will be selected by the Union. The Grievance Committee will function at Step III of the grievance procedure.

  2. The employee members of the Union Grievance Committee will be paid at their straight time rates for time spent processing grievances during their regularly scheduled working hours. It is agreed that such time will be limited to a reasonable amount and that the Union and Company will jointly investigate any case where it appears that an individual is taking an unreasonable amount of time.

  3. The Grievance Committee members will be paid a minimum of one (1) hour pay at their straight-time rate for time spent at Step III grievance meetings. This payment is applicable to Committee members who attend Step III grievance meetings on their day off or after or before working their shift. Payment will not exceed the straight-time rate unless mutually agreed upon by the Company and the Union. These payments will be made notwithstanding any other language within the collective bargaining agreement regarding premium and overtime rates.

Grievance Procedure
  1. The grievance procedure established by this Article will be used by the parties for the purpose of expeditious, peaceful and equitable settlement of grievances. Any employee having a complaint or problem will first discuss the matter with their immediate supervisor. If the employee requests, the steward may be present at the discussion. If the matter has not been satisfactorily adjusted, it may be submitted in writing to the employee's immediate supervisor for settlement in accordance with the procedure steps set forth below:

    Step I

    The complaint will be reduced to writing and specify as a minimum the following:

    1. The nature of the grievance.
    2. The Article(s) of this Agreement alleged to have been violated.
    3. The remedy sought.
    4. The name(s) of the aggrieved employee(s).
    5. The signature of the grievant or the appropriate steward.

    The written grievance will be presented to the immediate supervisor. Any grievance not presented to the supervisor within ten (10) business days, after the date of the occurrence giving rise to the employee's complaint, will be considered conclusively abandoned. Thereafter, such grievance will not be presented for consideration or be made the basis for any action under this Agreement or otherwise.

    The Company will respond in writing within ten (10) business days from the date that the grievance is received by the supervisor.


    Step II

    Subsequent to an unsatisfactory answer at Step I, a meeting may be scheduled and conducted by the Chief of Patrol and/or their designee and the Business Agent and/or their designee.

    The representatives may investigate and review all evidence and testimony bearing on the case and will attempt to arrive at a satisfactory settlement. All evidence or testimony bearing on the case will be available to both the Company and the Union Step II representatives for their collective or individual consideration. The Chief of Patrol and/or their designee will submit the answer to the Union representative within ten (10) business days after the conclusion of the Step II hearings. The grievance will be discussed within thirty (30) days after it has been scheduled for discussion, unless the time is extended by mutual agreement. A grievance that has been processed at Step II will be considered settled if the grievance is not scheduled at Step III within ten (10) business days after the Step II answer has been rendered by the Company. Such scheduling requests will be in writing from the Union to the Company.

    Step III

    If not satisfactorily settled at Step II, three (3) copies of the written grievance will be given to the Business Agent who will give one (1) copy to the employee and refer the case to the Union Grievance Committee which may schedule the matter for discussion at a meeting with MSA LLC Labor Relations. Meetings will be held on scheduled dates and emergency meetings will be scheduled on request of either party. The Union will advise the Company regarding the grievance to be presented at least ten (10) business days before the meeting. The grievance will be discussed within thirty (30) days after it has been scheduled for discussion, unless the time is extended by mutual agreement or the grievance will be considered settled. Labor Relations will give its answer to the Union within ten (10) business days after completion of discussions of any grievance unless such time is extended by mutual agreement.


  2. MSA LLC and Union representatives will have the power to jointly adjust any grievance and any difference that might arise out of the terms, applications or interpretations of this Agreement.

    The Company and Union representatives will have the power to jointly adjust grievances at the Step I and II level.

  3. It is understood that no restricted data, as defined in the Atomic Energy Act of 1954, will be set forth in any grievance procedure reports.

  4. If no agreement is reached and the matter is subject to arbitration, it may be referred to arbitration in accordance with Article XX.

  5. A grievance of a general nature may be presented at Step II (Chief of Patrol) or Step III (MSA Labor Relations) by either the Business Agent, President of the Union or MSA LLC. In either case, three (3) business days notice will be given except in cases of emergency.

  6. Any grievance not taken up within ten (10) business days after the occurrence of the grievance cannot be processed through the grievance procedure. A grievance will be considered settled if the answer of the Company is not appealed and scheduled to the next higher step in the above procedure within ten (10) business days after an answer has been rendered by the Company.

  7. All time limits noted in this Article are exclusive of Friday, Saturdays, Sundays and Holidays. Regular business days are defined for this Article and Article XX as Monday through Thursday 8:00 a.m. to 5:00 p.m.

  8. Disciplinary Actions: The Company will not consider disciplinary action resulting in no time off, occurring more than eighteen (18) months in the past; and disciplinary action resulting in time off, occurring more than twenty-four (24) months in the past, in determining future disciplinary actions provided there have been no subsequent actions.

  9. Should the DOE suspend a SPOs access authorization (security and or HRP clearance), the Company agrees to meet with the Union to discuss the prudence of maintaining the SPO in a working pay status (shift determination by Patrol Management) until the DOEs final disposition.

  10. For the purposes of this Article, the term “the Company” will also refer to the managing contractor of the Hanford Patrol.
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