Mine Committee Page

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Mine Committee

Disputes arising under the NBCWA agreement shall be resolved as follows. Article XXIII refers.
  1. (Step 1) The Employee will make his complaint to his immediate foreman who shall have the authority to settle the matter. The foreman will notify the Employee of his decision within 24 hours following the day when the complaint is made. Settlements or withdrawals at this step shall not constitute a precedent in the handling of other grievances.
  1. (Step 2) If no agreement is reached between the Employee and his foreman, the complaint shall be submitted on the BCOA-UMWA Standard Grievance Form and shall be taken up within five working days of the foreman’s decision by the Mine Committee and the mine management. Where the committee consists of more than three (3) members, the Employer shall have the right to meet with a maximum of three (3) (to be chosen by the Mine committee). Within five working days after the complaint is taken up by them, the committee and management will complete the standard grievance from and , if the complaint is not settled, the grievance shall be referred to a representative of the UMWA district, designated by the Union, and a representative of the Employer.
  1. (Step 3) Within seven working days of the time the grievance is referred to them, the district representative and the representative of the Employer shall meet and review the facts and pertinent contract provisions in an effort to reach agreement. Members of the Mine Committee shall have the right to be present. No verbatim transcript of the testimony shall be taken. Neither the district representative nor the Employer representative shall be the persons who participated in steps 1 or 2 of this procedure.
  1. (Step 4) In cases where the district representative and the representative of the Employer fail to reach agreement, the matter shall, within 10 calendar days after referral to them, be referred to the appropriate district arbitrator who shall decide the case without delay. Cases shall be assigned to district arbitrators in rotation. The parties agree that the expeditious processing of grievances is a major function of this Article, and that consolidation of cases before a single arbitrator can aid in achieving that goal, and where applicable, this procedure should be given serious consideration.
Section (d) Ten Day Limitation

Any grievance which is not filed by the aggrieved party within ten (10) working days of the time when the Employee reasonably should have known it, shall be denied as untimely and not processed further.

Section (f) Employee’s Right to Presence of Member of Mine Committee

Except where it will interfere with the production, an Employee shall be entitled , at his request, to have a member of the Mine Committee present to assist him at any Discussion with his foreman held pursuant to section C (2) of this article. If a member of the Mine Committee is present during such discussion, the foreman involved may have another representative of the Employer in attendance.

Standard Attendance Control Program

Regular work attendance shall be required for all Employees and all absences must be accounted for. Each mine or other facility shall maintain a record of individual absenteeism and administer this program to reduce absenteeism in accordance with local policy, contractual obligation and sound judgment. An Employee who makes a habit of laying off for single days other than for good cause or proven sickness and continues to do so after having been warned by Management with notice to the Mine Committee may be suspended with intent to discharge. If and Employee accumulates six (6) single days of unexcused absence in a 180 day period or three (3) single days of unexcused absence in a 30 day period he shall be designated an “irregular worker” and will be subject to the progressive steps of discipline.

Absences of Two Consecutive Days

When any Employee absents himself from his work for a period of two (2) consecutive days without the consent of the Employer, other than because of proven sickness, he may be discharged.

Chronic and Excessive Absenteeism Disciplinary Program effective March 1, 2014:
The following is a short version of the program.
Effective March 1, 2014 the C&E will no longer calculate absences and occurrences based upon the “Bradford Factor,” but will be calculated in a different manner utilizing number of occurrences and percent of absenteeism. Each hourly’s attendance will be reviewed for the initial six month period of March 1, 2014 through August 30, 2014. The program is based upon a combination of a minimum of 4 occurrences and 5% of absenteeism.  The following will not be counted as occurrences of absence: regular vacation days, floating vacation days, graduated vacations days, P&S days, Military duty, jury duty, bereavement, FMLA, workers comp, S&A benefits, union business or any holiday to which you are entitled to.
Calculation: Percent of absenteeism will be calculated by dividing the total number of days the employee was scheduled to work into the total number of days absent.  Program will be for 12 months.
Those employees who are currently on the C&E program will continue to be counseled or disciplined in accordance with the terms of their agreement.
The new program is posted at all portals. You can get a complete copy from the H&R Department.
If you have any questions concerning contractual issues, contact any member of the Mine Committee.

 

 

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