MAIN INDEX PARAGRAPH 31 - 40 Step Two. Appeal to Shop Committee (31) If the case is not adjusted at this step, it may be referred to the Shop Committee (or sub-committee where established). (32) In plants in which sub-committees are established, cases not adjusted by the sub-committee and the representative of Management may be appealed to the Shop Committee as a whole to be taken up with the highest Local Management. (33) After a written grievance signed by the employee making the complaint has been appealed to the Shop Committee by a committeeperson, the Chairperson of the Shop Committee may designate one of its members to make a further investigation of the grievance in order to discuss the grievance properly when it is taken up by the Shop Committee at a meeting with the Management. After a grievance has been discussed at the Shop Committee Meeting and before the submission of Notice of Unadjusted Grievance, the designated Shop Committeeperson may reinvestigate the grievance in the light of any new facts disclosed in the Shop Committee Meeting or appearing in the Shop Committee Minutes. [See Par. (6a),(79d),(125)] [See App. K,III(C)(12)] (34) A final decision on appealed grievances will be given by a representative of the highest Local Management within a maximum of fifteen working days from the date of first written filing thereof unless a different time limit is established by local agreement in writing. Any grievance not appealed from a decision at one step of this procedure in the plant to the next step within five working days of such decision, shall be considered settled on the basis of the last decision and not subject to further appeal. However, in plants where there are less than twenty-five hundred employees, the Shop Committee may, upon notifying the Plant Management in writing, substitute a ten (10) day period for the fifteen (15) day period and a three (3) day period for the five (5) day period. Provided further, however, that within the applicable time limits of this Paragraph a grievance may be withdrawn by mutual agreement without prejudice to either party. [See Par. (5), (19)] [See Doc. 44, 45] (35) Written answers will be given by the Management to all written grievances presented by the Shop Committee. (36) The question of supplying minutes of the Shop Committee meetings with the Management to the Shop Committee and the form of such minutes is a matter to be negotiated with the Management of each plant by the Committee involved. In the interest of expediting orderly procedure, it is desirable for the Chairperson of the Shop Committee to furnish Management with an agenda of the matters, including a listing of grievances the Union desires to discuss at the meeting. The agenda if submitted should be furnished as far in advance of the meeting as possible. Such an agenda would not preclude discussion of other pertinent subjects. The minutes of Shop Committee meetings will be furnished to the Chairperson of the Shop Committee within six (6) calendar days from the date of the meeting. Such minutes should include: (1) Date of meeting. (2) Names of those present. (3) Statement of each grievance taken up and discussed, also, in summary fashion, of the Union’s contention or, at its option, a written contention, in the event of failure to adjust. (4) Management’s written answer on each grievance, with reason for same if answer is adverse. (5) “Highlights” of the meeting, these including specific questions asked by the Committee on policy matters and any answers to such questions given by Management. (6) Date of approval, and signatures as agreed upon locally. The above provisions shall not interfere with any mutually satisfactory local practice now in effect. Step Three. Appeal to Corporation and International Union (37) If the grievance is not adjusted at this step and the Shop Committee believes it has grounds for appeal from the Plant Management decision, the Chairperson of the Shop Committee will give the Plant Management a written “Notice of Unadjusted Grievance,” on forms supplied by the Corporation, and the Chairperson or designated member of the Shop Committee will then prepare a complete “Statement of Unadjusted Grievance,” signed by the Chairperson of the Shop Committee, setting forth all facts and circumstances surrounding the grievance, and where an alleged violation of Paragraph (6a) is included in the grievance, a statement of the facts and circumstances supporting such claim. The Plant Manager, or a designated Management representative, will also prepare a complete “Statement of Unadjusted Grievance” and the Management’s reason in support of the position taken, signed by the Plant Manager or an authorized Management representative. Three copies of the Union’s statement will be exchanged with the Management for three copies of the Management’s statement as soon as possible and in any event within five (5) working days of the date of filing the Notice of Unadjusted Grievance. The exchange of statements shall take place fifteen (15) working days after receipt of the Plant Management’s decision, unless this time is extended by mutual agreement in writing, in which event the thirty days for appeal by the Regional Director as provided in Paragraph (38) shall be automatically extended by the same number of days as the amount of extended time for exchanging “Statements of Unadjusted Grievance.” Each Shop Committee shall consecutively number each “Statement of Unadjusted Grievance” from one upward for identification purposes. [See Par. (6a),(77),(79e)] (38) The Chairperson of the Shop Committee shall then forward copies of the “Statements of Unadjusted Grievance,” to the Regional Director of the International Union. The Regional Director will review the case and determine if an appeal shall be made. The Regional Director or a specified representative and the Director of the General Motors Department of the International Union or a specified member of the Director’s staff will be granted permission to visit the plant for the purpose of investigating the specific grievance involved in “Statements of Unadjusted Grievance,” providing such a grievance is of the nature that observation or investigation will aid in: [See Par. (43a), (77), (79e)] [See Doc. 52] (1) Arriving at a decision as to whether or not a grievance exists; (2) Arriving at a decision as to whether or not such grievance shall be appealed; (3) The purpose of its proper presentation in the event of appeal. Such visits will occur only after the following procedure has been complied with: (a) The names of the individuals who will be permitted to enter the plant must be submitted in writing to Local Management previous to the date such entry is requested. Such names will be submitted to the Corporation by the General Motors Department of the International Union. (b) The Regional Director shall give notice in writing to Plant Management of the request for entry and will identify the representative designated to make the visit and the specific grievance to be investigated. In the case of the Director of the General Motors Department or a specified member of the Director’s staff, notice may be given either verbally or in writing. (c) Plant Management will acknowledge receipt of the request and set a time during regular working hours which is mutually agreeable for such visit. (d) A member of the Shop Committee or a district committeeperson may accompany the Union representative during such visit if their presence is requested. Management representatives may accompany the Union representatives during such visit. (e) Only one such visit on a specified grievance shall be made by the Regional Director, or specified representative, unless otherwise mutually agreed to. (f) Such visits shall be restricted to the time mutually agreed upon in Point I above and shall be of reasonable duration and shall be subject to all plant rules and regulations which apply to employees and all regulations made by the United States Army, Navy and Federal Bureau of Investigation. It is mutually agreed that the purpose of this provision is solely to facilitate the operation of the grievance procedure, and that the Union representative shall confine such a visit to its stated purpose. If it is necessary the Union representative may interview the employee or employees signing the grievance and employees in the bargaining unit who have information relevant to the case. Such interview shall be a private interview when requested by the Union Representative and a suitable place will be provided. Any dispute developing out of the application of these provisions may be finally determined by the Umpire. If the Regional Director shall decide to appeal the case, notice shall be given on the form “Notice of Appeal” supplied by the Corporation, sending one copy each to the local Plant Management and the Chairperson of the Shop Committee. Such “Notice of Appeal” will carry the same case number as the “Statement of Unadjusted Grievance.” Except as provided in Paragraph (79e), any case not appealed within thirty days, or within thirty days plus any agreed upon extension of time for exchanging Statements of Unadjusted Grievance as provided in Paragraph (37), after the date the written Statements of Unadjusted Grievance are exchanged, or, in any event, within forty-five (45) days of the date of the written decision of local Plant Management to the Shop Committee, shall be finally and automatically closed on the basis of the written decision of the local Plant Management to the Shop Committee and shall not be subject to further appeal. The forty-five (45) day time limit for appeal shall be extended by the same number of days the local parties agree to extend the time limit for the exchange of Statements of Unadjusted Grievances. No case shall be reopened unless the Regional Director shall submit new evidence to the Plant Management and it is mutually agreed by them that such case should be reopened. The case shall then date from the date it is reopened. (39) The case will then be considered by an Appeal Committee consisting of four members as follows: For the Union, the Regional Director or one specified representative of the Regional Director who is permanently assigned to handle all cases arising under this Agreement, in all plants in that region, and the Chairperson or another designated member of the Shop Committee of the plant involved; and two representatives of Local or Divisional Management, one of whom has not previously rendered a decision in the case. No person shall act as a representative of a Regional Director in meetings of the Appeal Committee unless the designated person’s name has been given to the Corporation in writing by the International Union. A representative of the International Office of the union and/or a representative of the Industrial Relations Staff of the Corporation may also attend such meetings at any time. Upon the written request of the Chairperson of the Shop Committee and the Regional Director, or specified representative, to the Plant Management, twenty-four (24) hours in advance of the meeting, a member of the Shop Committee (or the district committeeperson, in lieu of such Shop Committeeperson, who has previously handled such case) will be permitted to participate in the appeal meeting on such case. Whenever the Union requests the presence of a third representative at the appeal hearing, Management may also select a third representative who has previously handled the case, to participate in the appeal meeting on such case. [See Par. (54)] (40) Attendance of district committeepersons at Appeal Committee meetings shall be considered as absence from the Plant. Such committeepersons will be paid their regular rate of pay for time spent in such meetings of the Appeal Committee for the hours that they would otherwise have worked in the plant. Paragraphs: [ 1 - 10 ] [ 11 - 20 ] [ 21 - 30 ] [ 31 - 40 ] [ 41 - 50 ] [ 51 - 60 ] [ 61 - 70 ] [ 71 - 80 ] [ 81 - 90 ] [ 91 - 100 ] [ 101 - 110 ] [ 111 - 120 ] [ 121 - 130 ] [ 131 - 140 ] [ 141 - 150 ] [ 151 - 160 ] [ 161 - 170 ] [ 171 - 180 ] [ 181 - 190 ] [ 191 - 200 ] [ 201 - 210 ] [ 211 - 220 ] [ 221 - 227 ] MAIN INDEX