USGENWEB-SW-L Archives

Archiver > USGENWEB-SW > 2006-08 > 1155554836


From: Don Tharp <>
Subject: Re: [USGenWeb-SW] Motion 06-15
Date: Mon, 14 Aug 2006 06:27:16 -0500
References: <44DE59D5.9060004@tatumtel.net><44DF0E28.3080006@radix.net><20060813222112.HRNL18847.eastrmmtao01.cox.net@eastrmimpo01.cox.net>
In-Reply-To: <046c01c6bf3e$12cab570$7301a8c0@scott>


Makes sense to me, that would be as I see it. So, in fact neither party of
the grievance would have an appeal to the AB ruling regardless of outcome.


DonT


At 08:07 PM 8/13/2006 -0500, you wrote:
>Hi Don:
>
>> Scott, I have a question concerning your last statement and one that
>> probably should be addressed. What if a CC filed a grievance before
>> the new SOP became affective and the defendant declined to mediate?
>
>If the grievance was filed before the new SOP went into effect, then the
>entire grievance process would be handled under the old SOP.
>
>
>>The CC not being satisfied with that action appeals .
>
>If it was processed under the old SOP, what appeal is there from the ruling
>of the AB under those SOP's? It could not be appealed under the "appeal"
>provision of the new SOP's.
>
>
>> Wouldn't the CC's grievance be heard under the new SOP?
>> That is, the CC didn't know the outcome of the grievance
>> until after the new SOP became affective. Therefore it wasn't possible to
>> appeal under the old, no longer affective SOP. Wouldn't the appeal be
>> heard
>> under the new SOP?
>
>No, I don't believe so. There should not be a mix between the old SOP and
>the new SOP in this manner. If a grievance is started under the old SOP's,
>they would follow the old SOP's until it's conclusion, and at that point the
>case is closed. This may seem to be a harsh cutoff point, but is applicable
>for a very good reason. Following your logic, the appeal of the outcome of
>the grievance (in this case a ruling by the AB) would be handled by the AB,
>who would have the duty to determine whether the AB followed the AB's
>procedure in rendering the AB's decision.
>
>This is one of the reasons why the membership stated they wanted AB is taken
>out of the grievance process. A reviewing body should never review it's own
>decisions.
>
>Scott
>
>
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