Article 7: Committee - Arbitration - Inspection
7.1
Joint Conference Committee: There shall be a joint conference committee of two (2) representatives of the Company and two (2) representatives of NABET-CWA. It shall meet at such regular or stated times as it may decide. It shall also meet within forty-eight (48) hours after notice is given by either party, except that such meetings shall not be held on Saturday or Sunday. All complaints, disputes or questions as to the interpretation, application or performance of this Agreement which are not adjusted between the representatives of NABET-CWA and the Company shall be referred to this Committee. No matter relating to a suspension or discharge shall be considered the subject of a grievance unless complaint is made in writing and delivered to the Company within seven (7) days from the time of the suspension or discharge. No matter other than a suspension or discharge shall be considered the subject of a grievance unless complaint is made in writing and delivered to the Company within thirty (30) days after knowledge of the incident or condition which gave rise to the grievance was known to the Union.
7.2
Should this Committee fail to adjust the matter brought before it within seven (7) days after a full submission thereof, NABET-CWA may, by written notice to the Company, refer that matter to an impartial arbitrator who shall be selected by the parties. If the parties fail to agree upon an arbitrator, NABET-CWA may demand a list of qualified arbitrators from the American Arbitration Association, the Federal Mediation and Conciliation Service, or the State Conciliation Service; if the parties fail to agree upon one of the arbitrators on the list, selection shall be made in accordance with the rules of the agency providing the list.
7.2.1
The arbitrator to which any controversy shall be submitted in accordance with this Article shall, insofar as shall be necessary to the determination of such controversy, have authority to interpret and apply the express provisions of this Agreement, but shall not have authority to add to, detract from or alter in any way any of such provisions. The decision of the arbitrator shall be final, conclusive and binding upon the Company, NABET-CWA and the Employees.
7.2.2
The award of the arbitrator in respect of any matter shall not in any case be made retroactive to a date more than sixty (60) days prior to the date on which the grievance was filed by NABET-CWA.
7.2.3
Expenses of arbitration, which shall be limited to the fee and travel expenses, if any, paid to the arbitrator, shall be shared equally between the Company and NABET-CWA.
7.2.4
Except in unusual circumstances or as agreed between the Company and the Union, arbitrations over discharges shall be commenced no later than sixty (60) days from the date the Union notifies the Company of its intent to arbitrate, as provided above.
7.3
Inspection: Any officer or other duly authorized representative of NABET-CWA (not to exceed two (2) in number on any one (1) occasion) shall be admitted to the premises of the Company where Employees are employed under this Agreement at any reasonable time for the purpose of determining the maintenance of wages and working conditions hereunder and for the purpose of checking the performance of this Agreement; provided, however, that such officer or representative shall exhibit evidence satisfactory to the Company of his office and authority, and provided further that such admission to the premises of the Company shall not interfere with the conduct of the Company’s business. Any officer or representative so admitted shall comply with all rules and regulations of the Company while on its premises.
