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Thread: Arbitration

  1. #1
    When I'm bad I'm good!

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    Default Arbitration

    Can someone help me with how this process works? I filled out my withdraw card and paid my dues current. Now what?

  2. #2
    I Am Rocking Now

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    Default Re: Arbitration

    Need more info. I'll assume grievance filed? Presented first step, second step???? What does your contracts grievance procedure language state?

  3. #3
    Third Generation Teamster

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    Default Re: Arbitration

    Arbitration provides a method of solving disagreements between management and unions by using the decision of an independent person who does not side with either the company or the union. It is typically used when the grievance process has been exhausted.

    How does it work?

    A third party, that is, a person who does not side with either the company or the union, listens to both arguments in the grievance case. The company and the union provide information to support their position. Witnesses may be called and questions asked by company, union and arbitrator.

    The arbitrator must then make a decision based on the information he/she has been given, including the contract language, past practice, and rights the contract negotiators intended to provide.

    The arbitrator’s decision is final and binding in most contracts. Both sides must accept the decision and cannot appeal to any higher step in the grievance procedure. An exception to this rule is noted when one side feels strongly that the arbitrator did more than interpret facts and rights under a contract or set of working conditions. (Contracts often say clearly that the arbitrator cannot change contract language or work rules.) In this situation, the loser may go to court to try to overturn the arbitrator’s decision, but that is rare.

    Why do unions use arbitration in the grievance procedure

  4. #4
    I Am Rocking Now

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    Default Re: Arbitration

    Does your contract language include arbitration language & procedures?

  5. #5
    When I'm bad I'm good!

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    Default Re: Arbitration

    I have read it quite a few times and I don't see any.

  6. #6
    I Am Rocking Now

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    Default Re: Arbitration

    Does your contract spell out the grievance procedure?

  7. #7
    When I'm bad I'm good!

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    Default Re: Arbitration

    Yes. It does and I've already had my greivence hearing. We failed miserbly at that. They would not even consider anything we said it was like they were there for show and that was it. It was like formality to them

  8. #8
    PROUD UNION PUNK

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    Default Re: Arbitration

    Go easy Kelsey. There are more things going on here than what you see. Your arbitration isn't because you were fired, it's because you were told by mgt that you didn't need a steward present and that was a precursor to your termination. THAT'S why your case is being arbed. To answer other questions out there, our contract language for arbing anything is pretty standard and adequate. The Local and waste will split the costs down the middle, (which is weird) but either way, we're fighting our asses off for you. Those guys down there are doing it the best and only way they know how using the weapons we were given by our predecessors to get it done. I know you're nervous but this is ME that is saying this, not Fred G.

    You're right, it was a show, it was meant to humiliate you and then send you on your way. That's what management does. Step 2 in the grievance process unfortunately HAS to be done in order to get from 1 to 3, being arbitration. The language for the arbitration procedure is on page 14, Article 12: Grievance Machinery and Union Liability. Also very pertinent and important, page 1, Article 1:, Union Security and Check-off, along with page 16, Article 13, section 2-"The Employer shall not engage in efforts to hold any Employee liable for unavoidable loss or damage, whichever may occur during this Agreement."

    Moral of the story.
    1.)Stop hitting telephone poles. (Kidding.)
    2.) You MUST HAVE A STEWARD PRESENT FOR ANYTHING! We hand out Weingarten cards all the time. Three people go up before the termination board, NONE of them had a Steward present when called into mgt's office. How many got fired? An ironic 3. If you don't ask for us WE CANNOT HELP YOU. I'm not trying to be a sh*thead about this but no one gets a Steward there, then they got bats*it when they get fired.

    DAMMIT you all know me and have seen me fight this battle. I have spent way toooooo much time at night researching the hell out of this for people to NOT request a Steward. Jesus we have FOUR of them. I have spent over 500 on books and education out of my own pocket in order to guarantee my edge being sharp and to better our chances of survival. Management is NOT your friend. OF COURSE they'll say you don't need a Steward. Then what happens. Even if they call you on the phone, SAY NOTHING!! Just because it's not in an office, doesn't mean they won't hold it against you.

    Kelly, if this is ME you're hearing this from, you know me and my agenda. I don't have time for bullsh*t and neither do you. Those guys are just about to spend a LOT of money in your defense which frankly if you had a Steward, may not have ever happened. People think this sh*t is easy being a Stew. I'm a damn political lightning rod with a target on my back, just as well as every other Steward in this Country.

    YOU along with Eddie along with I forget the third, did NOT have a Steward present during any of the meetings with mgt. I didn't walk the line along side you for 35 days for nothing. I'm doing my damnedest. You have my word on that.

    D.-Steward Alternate.

    NOT ALL THE DARKNESS IN THE ENTIRE WORLD CAN EXTINGUISH THE LIGHT OF ONE CANDLE.-ST. FRANCIS OF ASSISSI
    Last edited by Pullin3; 03-06-2009 at 05:35 AM. Reason: No last names

  9. #9
    When I'm bad I'm good!

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    Default Re: Arbitration

    Hey D
    I meant no disrespect to anyone. I am having that leftout feeling again. I did not say anything bad about anyone just wanted to know how this whole thing works. I know that the guys at the hall are doing what they need to I just am not good at not knowing. This is about me and I wanna be involved I hate to call them repeatedly with dumb questions. I know they have alot going on. I feel that I was targeted even though I hit a light pole (not a telephone pole HA HA) other things before this were not handled correctly. Without getting into it all you know I gave 8 long years of my life to this sh**hole and I have been an avid union supporter the whole time. I have faith in you and the others that you will do the best you can.

  10. #10
    PROUD UNION PUNK

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    Default Re: Arbitration

    And now Ed is getting followed again, along with Gary. Surprise you at all? Welcome to Waste.

    D.-

 

 
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