USW 6166 & Vale

Grievance Procedure

(As outlined in article 20 of the 2011 CBA)

 STAGE 1 

An aggrieved employee may, provided it is done within the first ten (10) working days immediately following the occurrence of the circumstances giving rise to the grievance, make his representations orally or in writing to his supervisor or the Management Representative designated by the Company from time to time to handle such matter at this stage. In making such representations, he may, if he desires, be accompanied and represented by a Union Steward who is reasonably familiar with the work on which the employee is engaged. Such meeting will, except in unusual circumstances, occur during the grievor's working hours. Any settlement of the grievance reached between the aggrieved employee and the Company at this stage will be considered applicable to the case in question and not as establishing a precedent for future cases. If within three (3) work days (excluding the regular days off of the grievor and Management Representative) from the time when such representations were presented to such Management Representative a decision satisfactory to the employee is not given, then:

·          CRITICAL: IT IS IMPORTANT THAT THE GRIEVER INFORMS  THEIR STEWARD OF THE COMPANIES RESPONSE SO THAT THE STEWARD CAN FILE THE STAGE 2  PAPERWORK AT THE UNION HALL. FAILURE TO DO SO CAN RESULT IN TIMELINES FOR FILING STAGE 2 REQUESTS TO THE COMPANY TO PASS.

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STAGE 2

Notice in writing requesting further consideration of the matter shall, within seven (7) days from the giving of the decision of the Management Representative at Stage One, be given by the aggrieved employee or a member of the Steward Committee to the Management Representative for Stage Two, who shall be from the department in which the matter arose. The official to whom such notice is given or his designated representative shall notify the aggrieved employee and the Union of the time and place at which he will meet such aggrieved employee accompanied and represented by not more than three (3) members of the Steward Committee and if so desired, by an officer of the union and/or a representative of the United Steelworkers. Prior to setting a date for such meeting, the Company will discuss the matter with a member of the Steward Committee or the Conflict Resolution Coordinator to determine whether the matter should be first returned with guidance to the parties involved at Stage One for further attempt at resolution. A Human Resources Representative and such other Company personnel as the Company may consider necessary to resolve the grievance may accompany the Management Representative for Stage Two. Such meeting will be held within fourteen (14) days of the date upon which it was requested and should be scheduled during the working hours of the aggrieved employee. At such meeting, representations in writing shall be presented and the decision of the Management Representative for Stage One shall be considered. Any settlement of the grievance reached between the aggrieved employee and the Company at this stage will be considered applicable to the case in question and not as establishing a precedent for future cases.

·            EXCLUSIONS:  as per article 20.04 Saturdays, Sundays, and General Holidays shall not be counted in determining the time within which any action is to be taken in each stage of the grievance procedure.

·         PREVENTIONS:  as per article 19.05 and 19.06 that an earnest effort be made to try and resolve issues prior to the discipline or grievance procedure by the involvement of a union steward if requested by either party (management or employee) to deal with these matters expediently.