Problem Resolution

Lakeland is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion, or question receives a timely response from Lakeland supervisors and management.

Lakeland strives to ensure fair and honest treatment of all employees. Supervisors, managers, and employees are expected to treat each other with mutual respect. Employees are encouraged to offer positive and constructive criticism.

If employees disagree with established rules of conduct, policies, or practices, they can express their concern through the problem resolution procedure. No employee will be penalized, formally or informally, for voicing a complaint with Lakeland in a reasonable, business-like manner, or for using the problem resolution procedure.

If a situation occurs when employees believe that a condition of employment or a decision affecting them is unjust or inequitable, they are encouraged to make use of the following steps. The employee may discontinue the procedure at any step.

1. Employee presents problem, in writing, to immediate supervisor within 14 calendar days after incident occurs. If the employee?s supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee may present the problem, in writing, to the Administrative Services Manager.

2. Supervisor responds to problem as expeditiously as possible, after consulting with appropriate management, if necessary. Supervisor documents discussion. Normally this will be within 5 days. If it will be longer the supervisor will notify the employee of the status of the response.

3. If the employee wishes to appeal the supervisor's decision, the employee may appeal, in writing, to the Cooperative Director. Such appeal must be filed within 5 calendar days of the supervisor's decision.

4. The Cooperative Director reviews and considers problem. The Cooperative Director informs employee of decision as expeditiously as possible, normally within 10 calendar days, and forwards copy of written response to the employee's personnel file. The Cooperative Director has full authority to make any adjustment deemed appropriate to resolve the problem.

5. Except as provided below, the decision of the Cooperative Director will be final and binding.

If the grievance involves termination of employment and the employee does not agree with the action of the Cooperative Director, the employee must request arbitration of the grievance if he/she wishes to pursue the claim. However, this arbitration procedure applies only to situations where the employee is claiming that the reason for termination is unlawful, such as discrimination, retaliation or other claims based on statutory rights. Breach of contract actions will not be allowed to go to arbitration. In all other situations, the decision of the Cooperative Director will be final and binding.

A request for arbitration must be made, in writing, within 5 days after the Cooperative Director has reported its action to the employee.

The arbitration proceeding will be conducted under the Employment Dispute Resolution Rules of the American Arbitration Association. The arbitrator shall be selected from the AAA list and must be a licensed Michigan attorney. The arbitrator shall have the authority to grant discovery as he/she deems appropriate to the matter in dispute, issue subpoenas and may award any relief he/she determines appropriate in accordance with the remedies available under the statute involved, including attorneys fees, if allowed. The employee may have legal representation at the hearing.

The decision or award of the Arbitrator made under these rules is exclusive, final, and binding on both parties. The award may only be challenged for corruption, fraud, or evident prejudice or misconduct of the arbitrator, or if the arbitrator exceeded his authority granted under this policy. The award may be enforced in any court of competent jurisdiction.

Employees who choose to use the arbitration process to resolve a problem will be expected to share the cost of the arbitration proceeding with Lakeland, limited to $250 of filing fees and expenses.

Acceptance of this arbitration provision is a condition of continued employment. Any employee who continues to report for work after its adoption is considered to have consented to this provision. This policy will not be changed with regard to any employee who has a grievance pending over an unlawful termination.

Policy No.  718  Issued  10/1/2002  Applicable  12/14/2006