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MAIN INDEX PARAGRAPH 51 - 60 (51) No decision of the Umpire or of the Management in one case shall create a basis for a retroactive adjustment in any other case prior to the date of written filing of each such specific claim. (52) After a case on which the Umpire is empowered to rule hereunder has been referred to the Umpire, it may not be withdrawn by either party except by mutual consent. (53) There shall be no appeal from the Umpire’s decision, which will be final and binding on the Union and its members, the employee or employees involved and the Corporation. The Union will discourage any attempt of its members, and will not encourage or cooperate with any of its members, in any appeal to any Court or Labor Board from a decision of the Umpire. With respect to the processing, disposition and/or settlement of any grievance initiated under the Grievance Procedure Section of this Agreement, and with respect to any court action claiming or alleging a violation of this Agreement or any local or other agreement amendatory or supplemental hereto, the Union shall be the sole and exclusive representative of the employee or employees covered by this Agreement. The disposition or settlement, by and between the Corporation and the Union, of any grievance or other matter, shall constitute a full and complete settlement thereof and shall be final and binding upon the Union and its members, the employee or employees involved and the Corporation. Neither the Corporation, nor the Union, nor any employee or group of employees, may initiate or cause to be initiated or press any court action claiming or alleging a violation of this Agreement or any local or other agreement amendatory or supplemental hereto, where such claim is also the subject matter of a grievance which is then open at any step of this grievance procedure. No employee or former employee shall have any right under this Agreement in any claim, proceeding, action or otherwise on the basis, or by reason, of any claim that the Union or any Union officer or representative has acted or failed to act relative to presentation, prosecution or settlement of any grievance or other matter as to which the Union or any Union officer or representative has authority or discretion to act or not to act under the terms of this Agreement. [See Doc. 52] (54) Any grievances which the Corporation may have against the Union in any plant, shall be presented by the Plant Management involved to the Shop Committee of that plant. In the event that the matter is not satisfactorily adjusted within two weeks after such presentation, it may be appealed to the third step of the Grievance Procedure upon written notice to the Local Union and the Regional Director of the Union. Thereafter the matter will be considered at the third step of the Procedure as provided in Paragraph (39). If the matter is not satisfactorily settled at this meeting or within five days thereafter by agreement, the case may be appealed to the Umpire by the Corporation upon written notice to the International Union at Detroit and to the Umpire. (55) Any issue involving the interpretation and/or the application of any term of this Agreement may be initiated by either party directly with the other party. Upon failure of the parties to agree with respect to the correct interpretation or application of the Agreement to the issue, it may then be appealed directly to the Umpire as provided in Paragraph (43). [See Par. (122)] [See Doc. 87] SENIORITY Acquiring Seniority (56) Employees shall be regarded as temporary employees until their names have been placed on the seniority list. There shall be no responsibility for the reemployment of temporary employees if they are laid off or discharged during this period. However, any claim by a temporary employee rehired pursuant to Paragraph (64)(e), or any claim by any other temporary employee made after 30 days of employment, that their layoff or discharge is not for cause may be taken up as a grievance. [See Par. (76b), (77), (95)] [See App. A] [See Doc.23] (57) Employees may acquire seniority by working ninety days during a period of six continuous months in which event the employee’s seniority will date back ninety days from the date seniority is acquired; provided, however, that employees rehired pursuant to Paragraph (64)(e) may acquire seniority by working thirty days during a period of six continuous months in which event the employee’s seniority will date back thirty days from the date seniority is acquired. Employees rehired in accordance with (64)(e) will acquire seniority on their first day of work if rehired within twenty-four months of the date they lost seniority. Employees who are placed in permanent jobs at other GM facilities under the provisions of the Memorandum of Understanding Employee Placement will establish seniority at the secondary plant on the day they start at the secondary plant. Such employees will establish a plant seniority date in accordance with the Application of Corporate Seniority Section of Memorandum of Understanding Employee Placement. [See Par. (73a), (107), (108), (135)] [See Par. (137)(b), (157)(a), (157)(b), (170)(a)-(b)] (58) When employees acquire seniority, their names will be placed on the seniority lists for their respective occupational groups in the order of their seniority. [See Par. (135)] [See App. D] [See App. A] (59) Seniority shall be by non-interchangeable occupational groups within departments, group of departments or plant-wide, as may be negotiated locally in each plant and reduced to writing. It is mutually recognized by the parties that written local seniority agreements are necessary. All local seniority agreements and modifications or supplements thereto shall be reduced to writing and be subject to the approval of the Corporation and the International Union. When changes in methods, products or policies would otherwise require the permanent laying off of employees, the seniority of the displaced employees shall become plant-wide and they shall be transferred out of the group in line with their seniority to work they are capable of doing, as comparable to the work they have been doing as may be available, at the rate for the job to which they have been transferred. [See Par. (68), (69), (134), (138)(a), (220)] [See App. K,III (C)15] [See Doc. 70] [See CSA #9] Seniority Lists (60) Up-to-date seniority lists shall be made available to all employees for their inspection within the plant either by posting where practical or by a satisfactory equivalent method. The method of displaying seniority lists is a matter for local negotiation. (60a) The seniority lists shall contain each employee’s name, occupational group, plant seniority date, and, if different than the employee’s plant seniority date, skilled trades date of entry or skilled trades seniority date. This will not require a change in any mutually satisfactory local practice now in effect. 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 |