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RULES OF PROCEDURE

NORTHERN CALIFORNIA
TEAMSTER-UNITED PARCEL SERVICE LABOR
MANAGEMENT COMMITTEE
(Amended as of 5/5/86)

ARTICLE I – PREAMBLE

It is understood that the purpose of the following Rules of Procedure is to implement the provisions sat forth in Article 7 of the Package Agreement in Northern California (hereinafter referred to as the "Agreement") and that nothing contained herein shall in any way be deemed to alter or amend the procedures set forth in such contract.

The Local Unions party to the Northern California Package Agreement hereby recognize the United Parcel Service, Inc., its heirs, successors and assigns, as the party to the Agreement for the purposes of administering Article 7 of said Agreement.
 
 

Article II - MEMBERSHIP ON TEAMSTSER-UNITED PARCEL SERVICE –
LABOR MANAGEMENT COMMITTEE

Section l. Function of Teamster-United Parcel Service labor Management

The Teamster-United Parcel Service Labor Management Committee, hereinafter referred to as the Labor Management Committee, shall be charged with the responsibility of establishing the implementing the required machinery for performing the functions required under Article 7 of the Agreement.

Section 2. Committee Membership

The Labor-Management Committee shall be composed of members or alternates representing the Union and members or alternates representing the Employer. Any member of the Labor Management Committee so designated by the Union or Employer who may die, resign, become incapacitated, or be removed may be replaced. Panel members must be full time employees of the Union or the Employer.

Section 3. Co-Chairman

The Union and the Employer will each have a Co-Chairman, each of whom will be a member of the Labor Management Committee and of any Panel thereof, whenever possible.
 

  1. The Co-Chairman for the Union shall designate his authorized alternate.
  2. The Co-Chairman for the Employer shall designate his authorized alternate.
  3. It will be the duties of the respective Co-Chairman to prepare an Agenda of cases for each meeting of the Labor Management Committee. The Secretary will, after each Labor Management Committee meeting, prepare a written decision and any interpretation of each case heard by the Labor Management Committee, and will forward copies of same to all Local Union and Employer representatives concerned.


ARTICLE III - LABOR MANAGEMENT COMMITTEE MEETINGS

Section 1. Time and Place

The Committee shall meet monthly unless otherwise agreed to by the Co-Chairmen. The meetings shall be at such time and place as designated by the Co-Chairmen. After the Committee members have been notified of the time and place of the Committee meeting, said meeting can be changed only upon agreement by the Co-Chairmen and upon proper notification to all Committee members and all Local Unions and Employers having cases on the Agenda for hearing before the Committee.

Section 2. Agenda

All Local Unions and the Employer having cases on the Agenda to be heard shall receive notice of all Labor Management Committee meetings. The Agenda of cases to be heard at such Labor Management Committee meetings will be prepared by the Secretary at least ten (10) days in advance of the date of each meeting and a copy of such Agenda mailed to all parties at least five (5) days prior to the Labor Management Committee meeting. Once the Agenda has been prepared by the Secretary and mailed out to all interested parties, additional cases can only be added to the Agenda for that meeting by mutual agreement of the parties involved.
 
 

ARTICLE IV – PROCEDURE ON GRIEVANCES

Section l. Filing of Grievances

The grievance shall be reduced to writing by either party on a form approved by the Labor Management Committee and copies of same shall be filed with the Co-Chairman for the Union, the Co-Chairman for the Employer and with the Secretary of the Labor Management Committee and the party against whom the grievance is filed, as outlined in Article 7 of the Agreement.

Section 2. Selection of Panel

The Union Labor Management Committee members and the Employer Labor Management Committee members will select their respective permanent Co-Chairmen. The position of Acting Chairman for each Labor Management Committee session will be alternately filled by the respective Co-Chairmen.

Each Co-Chairman shall select his members of a Panel to hear each case on the agenda. Any Panel of the Labor Management Committee hearing a case shall consist of three (3) Employer Committee members and three (3) Union Committee members. The Co-Chairman for the Union and the Co-Chairman for the Employer shall be permanent members of the Panel. In the event any case on the agenda affects the Local Union of the operating District of any member of the Panel, then such Panel member shall not sit on that case and the Chairman for either the Union side or the Employer side, as the case may be, shall designate another member of his group to sit on the Panel to hear the particular case.

Section 3. Postponement of Cases

Postponement of cases on the agenda will be permitted only because of physical illness of one or more of the principles involved, or other serious reason, or upon mutual agreement of the parties concerned. Notice of request for a postponement shall be given to both Co-Chairmen and to the Secretary of the Labor Management Committee by the fastest possible method of communication upon knowledge of illness or agreement, preferably within forty-eight (48) hours. Neither party shall be entitled to more than one postponement on any given case. After one postponement the case can be marked "Retained Jurisdiction" twice, but after that the case will be cropped from the agenda. A dropped case may be brought back by the Local Union with the same case identification number upon notice to the two Co-Chairmen and the Committee Secretary for a period not to exceed eight months.
 
 

ARTICLE V - HEARING OF CASES


    1.  Meetings will start promptly at 9:00 A.M.
    2.  Cases must be called in the order they appear on the Agenda.
    3.  The Chairman will call each case in order, and in case of non-appearance by either party, that case will drop to the bottom of the Agenda for that day. When case is called the second time, if either party is not present, the case will be defaulted. If the Union or the Employer does not have a panel when a case is called, the case will be defaulted, except in discharge cases, which will be postponed. On a postponed case, if neither party is present, the case will be dropped from the Agenda.
    4.  Prior to hearing each case, the Union and Employer Co-Chairmen shall designate the members of the panel who will be authorized to vote on that particular case. The panel will consist of three representatives for the Union and three representatives for the Employer, unless a smaller panel is mutually agreed upon by the parties.
    5.  Discussion and voting of the cases shall be done in Executive Session. Voting shall be by voice vote, on formally stated motions, 1 member, 1 vote.
    6.  After the decision is rendered, the parties involved shall each be notified immediately by the Secretary.
    7.  No case presentation shall begin after 5:00 P.M. except that by mutual agreement of the Co-Chairmen.
    8.  All decisions of the Committee shall be final and binding on all parties.
    9.  Only the parties to the case being heard, in addition to the committee members, alternates, co-secretaries and those persons presenting the case and witnesses on the particular case shall be permitted in the hearing room. Attorneys are not allowed to be present in the hearing room during the proceedings.
    10. Deadlocked cases, except discharge and suspension cases, may be referred to the committee established under Article 7, Section 2 (b) of the agreement.
ARTICLE VI – ORDER OF BUSINESS


    1.  Executive Session – 9:00 A.M.
    2.  Roll Call.
    3.  Reading of correspondence.
    4.  Approval of minutes.
    5.  Reading of proposed agenda and approval.
    6.  Hearing of cases on agenda.
ARTICLE VII – CASE PRESENTATION
      1.  Reading of filing by Secretary.
      2.  Grieving party presents case.
           a.  On discharge or suspension cases, the Employer goes first. Union goes first on all other cases.
            3.  Defending party presents case.
            4.  Rebuttal by first party.
            5.  Rebuttal by second party.
            6.  Questions by panel members and Co-Chairmen.
            7.  Executive Session and voting.
            8.  Disposition of case read by Secretary.
ARTICLE VIII – MINUTES

Promptly after the conclusion of each meeting, the Secretary shall prepare the proposed minutes and mail them to the Local Union and parties involved. Such proposed minutes shall be approved or corrected by the next Labor Management Committee meeting.
 
 

ARTICLE IX

Rules of Procedure may be reviewed at any time upon the request of any member of the Committee, but final approval of any amendment shall be subject to the approval of the Labor Management Committee.

Adopted by the Labor Management Committee this _____ day of _______________, 1986.
 

FOR THE UNION:

        _________________________

        _________________________

        _________________________
 
 

FOR THE COMPANY:

        _________________________

        _________________________

        _________________________


 
 
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