Common use of Fifth Step Clause in Contracts

Fifth Step. (a) If Local 1245 and the employee are dissatisfied with the Fourth Step answer and desire to pursue the matter to non-binding mediation, they shall so advise DISTRICT in writing within ten (10) regularly scheduled working days after receipt of the Fourth Step answer. (b) Such notice to DISTRICT shall specify the reasons the Fourth Step answer is considered unacceptable, that the matter is being referred to non-binding mediation and the name of Local 1245's representative for purposes of selecting an impartial mediator. (i) DISTRICT and Local 1245 representatives shall jointly and promptly select an impartial mediator with whom they or their representative shall meet and to who they shall present the facts and their respective positions concerning the grievance. (ii) The impartial mediator shall have such reasonable time that he/she may require within which to render their decision, which at the parties' option may not be binding. (iii) The impartial mediator shall not have any authority to add to, subtract from, change, or modify any provisions of this Agreement, but shall be limited solely to the application and interpretation of the Agreement as written. (iv) The expenses and fees of the impartial mediator shall be shared equally by the parties. (c) In the event DISTRICT and Local 1245 are unable to agree mutually upon an impartial mediator, the California State Mediation/Conciliation Service June 24, 2021 34 shall be requested to submit a list of seven (7) recognized and qualified mediators to the parties. Immediately upon receipt of said list, said DISTRICT and Local 1245 representative shall alternatively strike a name from the list, and the last name remaining shall be designated as the impartial mediator. (d) The time limits at any step of the Grievance Procedure may be extended or waived by mutual agreement between the parties. Failure on the part of Local 1245 and/or employee to meet the specified time limit(s) shall preclude further processing of the grievance. Failure on the part of DISTRICT to meet such time limit(s) shall mean that the grievance has been granted in favor of the employee, and it will therefore not be necessary to proceed to the next step of the Grievance Procedure. (e) Local 1245 representative(s) shall suffer no loss of pay from their regularly scheduled work for time necessarily spent investigating complaints and processing grievances hereunder. (i) Local 1245's Grievance Committee shall consist of no more than two (2) employees provided; however, that Local 1245 may designate not to exceed two (2) members of the Grievance Committee to attend any meeting with DISTRICT for the purpose of processing grievances. (ii) DISTRICT shall designate not to exceed two (2) representatives to attend joint Grievance Committee meetings. (f) A grievance concerning matters directly affecting five (5) or more employees in the bargaining unit shall be filed not later than ten (10) regularly scheduled working days following the occurrence which is being grieved and shall be June 24, 2021 signed by the Chairperson of the Local 1245 Grievance Committee. Such grievance may be processed, at Local 1245's option, starting at the Second or Third Step of the Grievance Procedure. (g) Local 1245 shall promptly inform DISTRICT in writing as to the membership of Local 1245's Grievance Committee and any changes in the makeup of said Committee. (h) Wherever the words "regularly scheduled working days" are used in this Agreement, such words shall be defined as those days which are scheduled for work, inclusive of holidays recognized under this Agreement. (i) Local 1245 representative shall notify their immediate supervisor as to their leaving the job on Local 1245 business. Reasonable advance notice must be given to include when and how long the person will be absent and when they are scheduled to return. (j) No more than one employee representative may be gone from their job to represent Local 1245 on the same matter unless allowed for by the contract (i.e., Local 1245 negotiations and Grievance Committee).

Fifth Step. (a) If Local 1245 and the employee are dissatisfied with the Fourth Step answer and desire to pursue the matter to non-binding mediation, mediation they shall so advise DISTRICT in writing within ten (10) regularly scheduled working days after receipt of the Fourth Step answer. (b) Such notice to DISTRICT shall specify the reasons the Fourth Step answer is considered unacceptable, that the matter is being referred to non-binding mediation and the name of Local 1245's representative for purposes of selecting an impartial mediator. (i) DISTRICT and Local 1245 representatives shall jointly and promptly select an impartial mediator with whom they or their representative shall meet and to who they shall present the facts and their respective positions concerning the grievance. (ii) The impartial mediator shall have such reasonable time that he/she may require within which to render their his/her decision, which at the parties' option may not be binding. (iii) The impartial mediator shall not have any authority to add to, subtract from, change, change or modify any provisions of this Agreement, but shall be limited solely to the application and interpretation of the Agreement as written. (iv) The expenses and fees of the impartial mediator shall be shared equally by the parties. (c) In the event DISTRICT and Local 1245 are unable to agree mutually upon an impartial mediator, the California State Mediation/Conciliation Service June 24, 2021 34 shall be requested to submit a list of seven (7) recognized and qualified mediators to the parties. Immediately upon receipt of said list, said DISTRICT and Local 1245 representative shall alternatively strike a name from the list, and the last name remaining shall be designated as the impartial mediator. (d) The time limits at any step of the Grievance Procedure may be extended or waived by mutual agreement between the parties. Failure on the part of Local 1245 and/or employee to meet the specified time limit(s) shall preclude further processing of the grievance. Failure on the part of DISTRICT to meet such time limit(s) shall mean that the grievance has been granted in favor of the employee, and it will therefore not be necessary to proceed to the next step of the Grievance Procedure. (e) Local 1245 representative(s) shall suffer no loss of pay from his/her/their regularly scheduled work for time necessarily spent investigating complaints and processing grievances hereunder. (i) Local 1245's Grievance Committee shall consist of no more than two (2) employees provided; however, that Local 1245 may designate not to exceed two (2) members of the Grievance Committee to attend any meeting with DISTRICT for the purpose of processing grievances. (ii) DISTRICT shall designate not to exceed two (2) representatives to attend joint Grievance Committee meetings. (f) A grievance concerning matters directly affecting five (5) or more employees in the bargaining unit shall be filed not later than ten (10) regularly scheduled working days following the occurrence which is being grieved and shall be June 24, 2021 signed by the Chairperson of the Local 1245 Grievance Committee. Such grievance may be processed, at Local 1245's option, starting at the Second or Third Step of the Grievance Procedure. (g) Local 1245 shall promptly inform DISTRICT in writing as to the membership of Local 1245's Grievance Committee and any changes in the makeup of said Committee. (h) Wherever the words "regularly scheduled working days" are used in this Agreement, such words shall be defined as those days which are scheduled for work, inclusive of holidays recognized under this Agreement. (i) Local 1245 representative shall notify their immediate supervisor as to their leaving the job on Local 1245 business. Reasonable advance notice must be given to include when and how long the person will be absent and when they are scheduled to return. (j) No more than one employee representative may be gone from their his/her job to represent Local 1245 on the same matter unless allowed for by the contract (i.e., Local 1245 negotiations and Grievance Committee).

Fifth Step. (a) If Local 1245 and the employee are dissatisfied with the Fourth Step answer and desire to pursue the matter to non-binding mediation, they shall so advise DISTRICT in writing within ten (10) regularly scheduled working days after receipt of the Fourth Step answer. (b) Such notice to DISTRICT shall specify the reasons the Fourth Step answer is considered unacceptable, that the matter is being referred to non-binding mediation and the name of Local 1245's representative for purposes of selecting an impartial mediator. (i) DISTRICT and Local 1245 representatives shall jointly and promptly select an impartial mediator with whom they or their representative shall meet and to who they shall present the facts and their respective positions concerning the grievance. (ii) The impartial mediator shall have such reasonable time that he/she may require within which to render their decision, which at the parties' option may not be binding. (iii) The impartial mediator shall not have any authority to add to, subtract from, change, or modify any provisions of this Agreement, but shall be limited solely to the application and interpretation of the Agreement as written. (iv) The expenses and fees of the impartial mediator shall be shared equally by the parties. (c) In the event DISTRICT and Local 1245 are unable to agree mutually upon an impartial mediator, the California State Mediation/Conciliation Service June 24, 2021 34 shall be requested to submit a list of seven (7) recognized and qualified mediators to the parties. Immediately upon receipt of said list, said DISTRICT and Local 1245 representative shall alternatively strike a name from the list, and the last name remaining shall be designated as the impartial mediator. (d) The time limits at any step of the Grievance Procedure may be extended or waived by mutual agreement between the parties. Failure on the part of Local 1245 and/or employee to meet the specified time limit(s) shall preclude further processing of the grievance. Failure on the part of DISTRICT to meet such time limit(s) shall mean that the grievance has been granted in favor of the employee, and it will therefore not be necessary to proceed automatically advance to the next step of the Grievance Procedure. (e) Local 1245 representative(s) shall suffer no loss of pay from their regularly scheduled work for time necessarily spent investigating complaints and processing grievances hereunder. (i) Local 1245's Grievance Committee shall consist of no more than two (2) employees provided; however, that Local 1245 may designate not to exceed two (2) members of the Grievance Committee to attend any meeting with DISTRICT for the purpose of processing grievances. (ii) DISTRICT shall designate not to exceed two (2) representatives to attend joint Grievance Committee meetings. (f) A grievance concerning matters directly affecting five (5) or more employees in the bargaining unit shall be filed not later than ten (10) regularly scheduled working days following the occurrence which is being grieved and shall be June 24, 2021 signed by the Chairperson of the Local 1245 Grievance Committee. Such grievance may be processed, at Local 1245's option, starting at the Second or Third Step of the Grievance Procedure. (g) Local 1245 shall promptly inform DISTRICT in writing as to the membership of Local 1245's Grievance Committee and any changes in the makeup of said Committee. (h) Wherever the words "regularly scheduled working days" are used in this Agreement, such words shall be defined as those days which are scheduled for work, inclusive of holidays recognized under this Agreement. (ig) Local 1245 employee representative shall notify arrange the scheduling of Local 1245 business with their immediate supervisor as to their leaving the job on Local 1245 business. Reasonable advance notice must be given to include when and how long the person will be absent and when they are scheduled to return. (jh) No more than one employee representative may be gone from their job to represent Local 1245 on the same matter unless allowed for by the contract (i.e., Local 1245 negotiations and Grievance Committee)grievance.