Los Angeles Daily News contract

This contract is made this September 2, 2005, between the Daily News of Los Angeles (Los Angeles Daily News Publishing Company), and the Communications Workers of America AFL-CIO - The Newspaper Guild.

ARTICLE 6 - GRIEVANCE PROCEDURE

6.1 A grievance shall consist of disputes about the interpretation or application of specific contract clauses and concerning alleged violations of this Agreement. The procedure set forth below shall be the exclusive manner in which a grievance is processed.

6.2 Step One. A grievance may be initiated by an employee or Guild representative by submitting it orally to the immediate supervisor within ten (10) calendar days from the day of the occurrence of the event, or ten (10) calendar days from when the employee knew or should have known of the event upon which the grievance is based. The supervisor will give an oral answer to the employee within no more than five (5) working days after the grievance was orally presented.

6.3 Step Two. If the supervisor fails to give the employee an answer within said five (5) day period, or if the employee is dissatisfied with the answer, the employee, or a representative of the Guild, may move the grievance to Step Two by submitting the same to the designated management representative in writing. This written grievance shall state the nature and date of the occurrence giving rise to the grievance. Step Two of the grievance procedure shall be initiated no later than ten (10) calendar days after the answer of the supervisor has been received or the time for such answer has expired. Grievances submitted in Step Two shall be answered in writing within five (5) working days after receipt by the designated management representative.

6.4 Step Three. The Guild shall designate a committee of no more than four of its own choosing to take up with the Employer or' authorized agent any matter arising from the interpretation or application of this contract. If a designated management representative fails to give an employee or Guild representative an answer to a grievance submitted to Step Two within the five day period set forth in 6.3, or if the employee or Guild representative is dissatisfied with the answer, the Guild may move the grievance to Step Three. The Employer agrees to meet with the committee within five (5) working days after request for such meeting. Grievances not initiated at Step Two shall be initiated by the Guild at Step Three within ten calendar days of the occurrence of the event giving rise to the grievance, or within ten calendar days from when the employee knew or should have known of the event upon which the grievance is based. If the grievance is proceeding from Step Two, it shall be initiated no later than ten calendar days after the answer of the designated management representative has been received or the time for such answer has expired. Grievances submitted in Step Three shall be answered in writing within five working days of their submission by the Guild. Grievances at Steps One and Two will be held during compensated work time. Grievances at Step Three may, by mutual consent be held during work time, however such time will be deemed non-compensated unless otherwise requested by the Guild and agreed by the Editor.

The Committee may also take up with the Employer or authorized agent any matter affecting the relations of an employee and the Employer; provided such issues will not be subject to arbitration under this article unless covered by a specific provision of this collective bargaining agreement.

The Employer may initiate a grievance on any matter involving the interpretation, application, or alleged violation of this agreement at Step Three by submitting it to the Guild in writing within ten calendar days of the occurrence of the event giving rise to the grievance, or within ten calendar days of when the Employer knew or should have known of the event, The Guild shall respond to the grievance within five working days after receipt.

6.5 Step Four - Arbitration. The Guild may seek arbitration of an arbitrable grievance by notifying the Employer in writing of its intention to arbitrate within 30 days of the date on which the Employer's answer in Step Three of the grievance procedure has been received or the time for such answer has expired.

The Employer may seek arbitration of any arbitrable grievance by notifying the Guild in writing of its intention to arbitrate within 30 days of the date on which the Guild's answer in Step Three of the grievance procedure has been received or the time for such answer has expired.

The costs of arbitration shall be borne equally by the parties, except that no party shall be obligated to pay any part of the cost of a stenographic transcript without their express consent. If one party declines to share the cost of the transcript, that party will not have access without paying their share.

6.6 Simultaneously with the notice required in Section 6.5, the party requesting arbitration shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) disinterested persons qualified and willing to act as impartial arbitrators, and simultaneously mail a copy of such request to the other party unless the parties can agree on a mutually acceptable arbitrator. Within 20 days after receipt of this list, six (6) names shall be stricken, one at a time alternatively by the Employer and the Guild. The person whose name remains shall be selected as the arbitrator, provided that the Employer and the Guild are otherwise unable to mutually agree to a person to serve as the impartial arbitrator. If such person is unwilling or unable to serve, a second list of seven (7) names shall be requested and the procedure repeated.

6.7 The arbitrator's jurisdiction to make an award shall be limited by the submission and confined to the interpretation or application of the provisions of this Agreement. The arbitrator shall not have jurisdiction to make an award which amends, alters, enlarges or ignores any of the provisions of this Agreement an award of the arbitrator, made in accordance with this Article, shall be final and binding on the parties hereto and on all employees affected thereby.

6.8 A grievance which is not brought within the time limits provided in this Article will be considered waived and settled, unless such time limit is expressly extended by mutual agreement in writing between the Guild and the Employer.

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