Purpose: To provide fair and equitable legal services to members and to establish a clear policy for arbitration requests.
- Locals will file for arbitration if necessary to protect any contractual timeline.
- Locals will submit the case to the IBPO Legal Staff for review.
- Locals may be asked to request an arbitrator's list and submit the list to the Legal Staff for assistance in selecting an arbitrator.
- An attorney will be assigned to review the case. Upon review, the assigned attorney will issue a letter of acceptance. Should the case be found to lack merit, the reviewing attorney will provide the Local President and the Grievant written notice of the deficiencies of the case.
- The Local President and the Grievant, upon receipt of the deficiency notice, will be given a reasonable period of time to provide additional information and/or to discuss the case with the assigned attorney.
- Should the case continue to lack merit, the case shall be forwarded to the Chief Counsel for review. The Local President and the Grievant will receive written notice explaining the decision not to process the case further. The notice will explain that the National will not be responsible for any costs associated with arbitration, nor will attorney services be provided.
- The determination not to proceed with the case can be appealed to the National President in writing within seven (7) business days following the determination.
(a) Such appeal shall set forth a complete narrative as to the facts in support of the Grievance, a copy of the Collective Bargaining Agreement, the decision of the Legal Department, and whatever documents are reasonably necessary for an understanding of the case.
(b) The National President shall designate an Appeals Board consisting of one (1) National Vice-President and two (2) Executive Board members. The Appeals Board shall conduct whatever investigation they deem appropriate to render a decision.
- The Local President and the Grievant will be provided with the decision of the Appeals Board.
- The Local President and the Grievant may request final review by the National President.
- This policy shall take effect December 16, 2002.