Board of Adjustment. The Parties shall schedule a Board of Adjustment hearing which shall be heard no later than twenty (20) days after the initiation of Step 3. The purpose of the hearing is to evaluate all known facts relating to the grievance in order to determine an appropriate resolution. The Port’s Labor Relations Representative, the Chief of Police (or designee), and two (2) Union Representatives shall be present, and both sides shall have an opportunity to present all information that they have relating to the grievance. If a resolution is reached, the Parties will document the agreement in writing. If the Parties are unable to arrive at a settlement, the grieving Party may refer the matter to Step 4 within ten (10) days following the Board of Adjustment hearing.
Board of Adjustment. A. If the IUOE is not satisfied with the decision rendered at Step 3 (Department of Human Resources), the IUOE may appeal the decision for consideration by a Board of Adjustment (BOA). The appeal must be sent to the Department of Human Resources, the affected departmental Labor Relations Office, and the IUOE postmarked within ten (10) days from the postmark of the Step 3 level decision. Within ten (10) days, the parties shall schedule a BOA.
Board of Adjustment. If the grievance is not resolved at Step II, it shall be referred to a Board of Adjustment by written notice which is served on the City within five (5) working days after the failure to resolve the grievance at Step II or within five (5) working days after expiration of the time limit applicable to that step. Failure to serve timely notice of referral to the Board of Adjustment shall constitute a waiver of the grievance. The Board of Adjustment shall consist of two (2) representatives appointed by the City and two (2) representatives by the Union. None of these four (4) shall be a City employee. The Board shall hear the matter at a mutually convenient time and place within ten (10) working days following written referral to the Board of Adjustment. Upon hearing the matter, the Board shall issue a written decision signed by the members within twenty-four (24) hours. The majority of the Board of Adjustment shall determine the matter, and such decisions shall be final and binding on all parties - the City, the Union and the grievant or grievants. Each member of the Board of Adjustment shall be entitled to one (1) vote. In the event the Board of Adjustment is deadlocked, such result will be noted in writing. The parties may, by mutual agreement, waive submission of a grievance to the Board of Adjustment.
Board of Adjustment. A. Establishment of the Board of Adjustment (BOA) There is hereby established a joint BOA which shall exercise all the powers and duties authorized under G.S. 160A-381, G.S. 160A-388, G.S. 153A-340, and G.S. 153A-345, all applicable special enabling legislation including, but not limited to Section 93 of the Durham City Charter, the City and County zoning ordinances and any other applicable ordinances.
Board of Adjustment. Should these authorized representatives fail to satisfactorily resolve said dispute within forty- eight (48) hours then either party may, by letter, demand a hearing before the Board of Adjustment convened at the AGC (if affected) or Union headquarters unless mutually agreed to be convened elsewhere. The Board of Adjustment shall be composed of two (2) persons appointed by the Union and two (2) persons appointed by the Association, none of which shall be a party to the instant case. This Board shall hear the matter within seventy-two (72) hours and render a decision within forty-eight (48) hours, which decision shall be reduced to writing, signed by the Board of Adjustment and mailed to all affected parties.
Board of Adjustment. The Parties shall schedule a Board of Adjustment hearing which shall be held no later than twenty (20) days after the initiation of Step 3. The purpose of the hearing is to evaluate all known facts relating to the grievance in order to determine an appropriate resolution. The Port’s Labor Relations representative, the Chief or designee, and two (2) Union representatives shall be present, and both sides shall have an opportunity to present all information that they have relating to the grievance. If the Parties are unable to arrive at a settlement, or if the Board of Adjustment hearing is not held within twenty (20) days after initiation of Step 3, the Union may refer the matter to Step 4 within ten (10) days following the hearing. The Parties may mutually agree to waive the Step 3 process. STEP IV: ARBITRATION Initiation of Step 4. The Union or the Port initiates Step 4 by filing a written request with the other party, specifying the issue(s) to be arbitrated. Selecting an Arbitrator. For all arbitrations involving disciplinary actions, discharges, or terminations, the arbitration selection procedure shall be as established by RCW 41.58.070. For all other arbitrations, Tthe Port and the Union mutually agree that either Party to this Agreement may apply to the Federal Mediation and Conciliation Service (FMCS) for a list of seven (7) persons who are qualified and available to serve as arbitrators for the dispute involved. Within ten (10) days of receipt of the FMCS list, the Parties will jointly select an arbitrator from the list by alternately striking one (1) arbitrator on the list until the final remaining arbitrator is selected as the arbitrator for the particular hearing. The Parties shall determine first initiative through a coin flip. The Hearing. The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement in arriving at a decision of the issue or issues presented; and shall confine his/hertheir decision solely to the interpretation, application, or enforcement of this Agreement. The arbitrator shall confine himself/herself to the precise issue(s) submitted for arbitration, and shall not have the authority to determine any other issues not so submitted to him/herthem. The decision of the arbitrator shall be final and binding upon the aggrieved employee, the Union, and the Port. The fees and expenses of the arbitrat...
Board of Adjustment. Should any difference arise concerning the provisions of this Agreement which cannot satisfac torily be adjusted by the Business Repre sentatives of the Union and the Employer, or the Employer’s representative, the East- bay Motor Car Dealers, Inc., it shall imme diately be submitted to a Board of Adjust ment composed of three (3) representatives of the Union, and three (3) representatives of the Employer.
Board of Adjustment. Upon agreement of the parties, an unresolved grievance may be submitted to a Board of Adjustment. The four-person Board of Adjustment will be convened by the parties to issue a decision. There will be two Union-appointed representatives and two Employer-appointed representatives that will hear the grievance. The majority decision of the Board will be binding upon the parties. In the event no decision is issued by a majority of the panel, either party may submit the dispute to binding arbitration, set forth in Step 5 below. Step 5 - Arbitration - In the event a grievance is not satisfactorily settled in Step 3, the Union may submit the matter to arbitration under the procedures described below. The Union's request for arbitration must be made within fifteen (15) working days after receipt of the Step 3 decision.