|Disputes arising under
the NBCWA agreement shall be resolved as follows.
Article XXIII refers.
- (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.
- (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.
- (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
- (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
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
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
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
|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.