ARTICLE X Grievance and Arbitration Procedure
43. A grievance is defined as any difference of opinion or dispute between representatives of the Company and any employee or Union representative regarding interpretation or application of any provision of this Agreement.
44. Shop Committee and Department Stewards. The employees in the bargaining unit shall be represented by a Shop Committee of not more than three (3) members who shall be the Local President, the Chief Steward, and a Department Steward. There shall be not more than nine (9) Stewards.
45. Step 1: The aggrieved employee will take the matter up verbally with his supervisor within ten (10) working days of the alleged grievance. The Steward may be present if the employee so desires. The supervisor will give his answer verbally within five (5) working they are submitted in Second Step.
46. Step 2: In the event the grievance is not settled in the First Step, the employee shall within ten (10) working days of the s his Shop Steward, file a written complaint on the forms provided by the Company. The Department Manager will arrange a meeting within ten (10) working days of the receipt of the grievance, and give a written answer to the grievance within ten (10) working days of the meeting. Either party may request the presence of a Human Resource representative at this meeting.
47. Step 3: In the event the grievance is not settled in the above steps, a meeting shall be arranged between the Shop Committee and the Plant Manager and/or Human Resource Manager, or a designated representative. This meeting must be requested within ten (10) working days after the receipt of the answer in Step Two (2). (The Shop Committee may bring an International Representative of the Union to this meeting if it is so desired and the Company may request it to do so.) A meeting will be arranged within thirty (30) working days of the request for a meeting. Within ten (10) working days after the meeting is held, a written answer to the grievance will be given to the Union.
48. Arbitration: The Union must give written notice to the Company within forty five (45) working days of the Step Three (3) answers that it desires a grievance to be arbitrated. Upon such notification an impartial arbitrator shall be selected as follows: The parties shall, within thirty (30) days, jointly request a panel of seven (7) arbitrators from the Federal Mediation and Conciliation Service. The parties shall alternately strike names from the list until only one (1) name remains and he shall serve as the arbitrator for the grievance to be arbitrated.
49. The arbitrator shall not have the authority or power to vary, alter, or modify this Agreement. Nor shall he have the authority to order back pay or settlements to be retroactive beyond the date on which the grievance occurred.
50. The decision of the arbitrator shall be final and binding upon both sides, and all parties shall agree to abide by the Award, provided that the Award is within the terms of the submission and further provided that the arbitrator has not exceeded his lawful powers. The expense of the arbitration shall be shared and paid equally by the Company and the Union.
51. The time for each answer and the time between each grievance step may be extended by mutual written consent of the parties. It is understood by and between the parties that matters involving general wage levels, existing job classifications (as set forth in this Agreement), and matters not specifically covered by this Agreement shall not be arbitrable.
52. It is further understood that in the event the Union does not elect to take a grievance to the next higher step, from Step 1 to Step 3 inclusive, within the specified number of days after the last decision is given on each step, the grievance shall be deemed to have does not give an answer to the grievance within the prescribed time limits, the Union may carry the grievance to the next step.