GRIEVANCE DENIAL APPEAL

Re: Grievance LAT- 100809(A) January 5, 2010

Company Assigned Crews 5, 7, 10, 12

Russ Newton, SVP of Operations

Leticia Bugarin, Human Resources

The Union maintains its position that this grievance was filed in full compliance of
the contract including the timeliness of its filing. The issue of timeliness will have
to be determined by an arbitrator as described in the contract.

As stated during the grievance steps, the date of the violation on the grievance was
used to indicate the day management posted the schedules for bidding. The
violations began when the bidding began and members became aware they were
not allowed to bid these crews. Also, the Union considers the final example by
which the company violated Section 11.3 took place when the employees changed
to the new schedules that were actually implemented on or about 10/19/09.

Prior to bidding, the Company assigned employees on crews 5, 7, 10, and 12 were
never informed by management, that they could, by seniority, bid on crews other
than these if they wished to; this, according to SVP of Operations Russ Newton .
These employees were told they couldn’t do so by Mr. Walker, and then during the
grievance process, Mr. Walker told the Union that “they didn’t ask”.

For the reasons stated above, the Union appeals the denial of this grievance and
seeks to arbitrate this matter. The Company may select an arbitrator from the list of
arbitrators the Union has previously provided for consideration.

Ron Pineda,
President,
GCC/IBT Local 140-N