Appendix: NORTHWEST SHEET METAL LABORMANAGEMENT COOPERATION TRUST APPEALSCOMMITTEE PROCEDURES (Adopted by the Trustees on 10-24-06)
The Northwest Sheet Metal Labor Management Cooperation Trust (“SNAPTrust”) through its Trustees and in accordance with Article IV, Section 1 of the TrustAgreement and Declaration of Trust established an Appeals Committee. The AppealsCommittee shall hear all complaints about operation of the SNAP Trust’s programs,where the complaint raises an issue about the application of an established SNAP Trustprogram or procedure.
Any complaint raised by a participating employee or employer that only seeksclarification of an existing procedure shall be handled informally by the AppealsCommittee acting through a conference call of its members.
Where a participating employee within 60 days of being apprised or learning ofan action by the Trustees or their agent that he is dissatisfied with or otherwiseadversely affected by requests a hearing in writing as provided for in Article VIII of theTrust Agreement and Declaration of Trust, the following procedures shall be followed:.
1. The Appeals Committee or its agent shall notify the employee in writing ofthe hearing date and location and provide him with copies of theseprocedures and the Trust Agreement and Declaration of Trust.
2. As set forth in the Trust Agreement and Declaration of Trust theparticipating employee shall be entitled to present his position andevidence in support thereof at the hearing. The participating employeemay be represented at such hearing by an attorney or by any otherrepresentative of his choosing.
3. The Appeals Committee shall obtain all information it deems relevant tomatters at issue from the SNAP Trust or its program administrator, SheetMetal Workers, Local 66, any participating employer or any other source.All such evidence shall be available at the hearing.
4. Following the hearing, the Appeals Committee will provide a writtenrecommended decision (unless deadlocked), affirming, modifying orsetting aside the action complained of, or where appropriate, a proposedresolution, to the Board of Trustees for their consideration at their nextmeeting. If the Appeals Committee is deadlocked, they shall report thatfact to the Board of Trustees in writing. The complaining participatingemployee shall be provided a copy of the recommended decision or reportof deadlock before the Board of Trustees meeting. If the complaining participating employee was not present at the hearing, he shall also beprovided with copies of all evidence considered by the AppealsCommittee.
5. The Board of Trustees shall issue a written decision to the complainingparticipating employee following their consideration of the AppealsCommittee’s recommended decision or report of deadlock, along with anotice of the employee’s right of appeal under Article VIII of the TrustAgreement and Declaration of Trust.