Common use of IN THE FORMAL PROCEDURE Clause in Contracts

IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting it in writing to the Foundation's President, or to his/her designee, within fifteen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step 3 - Arbitration If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decision, or the date upon which it was due, demand arbitration by serving a written demand for arbitration by Certified Mail, Return Receipt Requested, upon the Foundation's President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the Agreement or any provision thereof. The arbitrator shall confine himself/herself strictly to the facts and evidence adduced at the hearing and the terms of the Agreement unless otherwise stipulated by the parties at the hearing. Any decision not timely appealed from one step to the next shall be considered settled or resolved on the basis of the last decision and not subject to further appeal or reconsideration.

IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting submit- ting it in writing to the Foundation's ’s President, or to his/her designee, within fifteen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step STEP 3 - Arbitration ARBITRATION If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decisiondeci- sion, or the date upon which it was due, demand arbitration by serving serv- ing a written demand for arbitration by Certified Mail, Return Art. 14 Receipt Requested, upon the Foundation's ’s President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's ’s labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided pro- vided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's ’s power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the Agreement or any provision thereof. The arbitrator shall confine himself/herself strictly to the facts and evidence adduced at the hearing and the terms of the Agreement unless otherwise stipulated by the parties at the hearing. Any decision not timely appealed from one step to the next shall be considered settled or resolved on the basis of the last decision and not subject to further appeal or reconsideration.

IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting submit- ting it in writing to the Foundation's ’s President, or to his/her designee, within fifteen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step STEP 3 - Arbitration ARBITRATION If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decisiondeci- sion, or the date upon which it was due, demand arbitration by serving serv- ing a written demand for arbitration by Certified Mail, Return Research Found CUNY LaGuardia Agreement 2015_1 7/31/15 12:36 PM Page 30 Art. 14 Receipt Requested, upon the Foundation's ’s President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the Agreement or any provision thereof. The arbitrator shall confine himself/herself strictly to the facts and evidence adduced at the hearing and the terms of the Agreement unless otherwise stipulated by the parties at the hearing. Any decision not timely appealed from one step to the next shall be considered settled or resolved on the basis of the last decision and not subject to further appeal or reconsideration.the

IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting submit- ting it in writing to the Foundation's ’s President, or to his/her designee, within fifteen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step STEP 3 - Arbitration ARBITRATION If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decisiondeci- sion, or the date upon which it was due, demand arbitration by serving serv- ing a written demand for arbitration by Certified Mail, Return Research Found CUNY Graduate Center Agreement 2015_1 7/31/15 12:40 PM Page 30 Art. 14 Receipt Requested, upon the Foundation's ’s President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the Agreement or any provision thereof. The arbitrator shall confine himself/herself strictly to the facts and evidence adduced at the hearing and the terms of the Agreement unless otherwise stipulated by the parties at the hearing. Any decision not timely appealed from one step to the next shall be considered settled or resolved on the basis of the last decision and not subject to further appeal or reconsideration.the

IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting it in writing to the Foundation's ’s President, or to his/her designee, within fifteen fif- teen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance Art. 14 within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step STEP 3 - Arbitration ARBITRATION If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen fif- teen (15) work days following receipt of the Step 2 decision, or the date upon which it was due, demand arbitration by serving a written demand for arbitration by Certified Mail, Return Receipt Requested, upon the Foundation's ’s President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's ’s labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided by the AAA. The decision of the arbitrator shall be final and binding on all partiespar- ties, and each party agrees to abide by the decision or award and any judgment judg- ment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's ’s power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the Agreement or any provision thereof. The arbitrator shall confine himself/herself strictly to the facts and evidence adduced at the hearing and the terms of the Agreement unless otherwise stipulated by the parties at the hearing. Any decision not timely appealed from one step to the next shall be considered settled or resolved on the basis of the last decision and not subject to further appeal or reconsideration.. Art. 17

IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting submit- ting it in writing to the Foundation's ’s President, or to his/her designee, within fifteen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step STEP 3 - Arbitration ARBITRATION If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decisiondeci- sion, or the date upon which it was due, demand arbitration by serving serv- ing a written demand for arbitration by Certified Mail, Return Research Found CUNY City Tech Agreement 2015_1 7/31/15 12:35 PM Page 30 Art. 14 Receipt Requested, upon the Foundation's ’s President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the Agreement or any provision thereof. The arbitrator shall confine himself/herself strictly to the facts and evidence adduced at the hearing and the terms of the Agreement unless otherwise stipulated by the parties at the hearing. Any decision not timely appealed from one step to the next shall be considered settled or resolved on the basis of the last decision and not subject to further appeal or reconsideration.the

IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting it in writing to the Foundation's ’s President, or to his/her designee, within fifteen fif- teen (15) work days after receipt by PSC of the Step 1 decision, or the Art. 14 date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step STEP 3 - Arbitration ARBITRATION If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decisiondeci- sion, or the date upon which it was due, demand arbitration by serving serv- ing a written demand for arbitration by Certified Mail, Return Receipt Requested, upon the Foundation's ’s President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's ’s labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided pro- vided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's ’s power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the Agreement or any provision thereof. The arbitrator shall confine himself/herself strictly to the facts and evidence adduced at the hearing and the terms of the Agreement unless otherwise stipulated by the parties at the hearing. Any decision not timely appealed from one step to the next shall be considered settled or resolved on the basis of the last decision and not subject to further appeal or reconsideration.. Art. 15

IN THE FORMAL PROCEDURE. If the grievance has not been resolved or settled at Step 1, or if the Step 1 decision has not been issued within the time limits set forth above, the PSC may appeal the grievance to Step 2 by submitting it in writing to the Foundation's ’s President, or to his/her designee, within fifteen fif- teen (15) work days after receipt by PSC of the Step 1 decision, or the date upon which it was due. The President, or his/her designee, shall meet with a PSC representative to review and discuss the grievance within fifteen (15) work days following the date of the submission of the grievance to Step 2. The aggrieved employee(s) shall be afforded the opportunity to be present for the meeting. The President, or his/her designee, shall render a written decision with respect to the grievance, and shall deliver the decision to the PSC, within fifteen (15) work days after the conclusion of the meeting. A failure by the Foundation to timely schedule a meeting, or to render a decision at Step 2, shall result in the right of the PSC to appeal the grievance to Step 3. Step STEP 3 - Arbitration ARBITRATION If the grievance has not earlier been resolved or settled as a result of the Step 1 and Step 2 procedures, or if the Step 2 decision has not been issued within the time limits set forth herein, the PSC may within fifteen (15) work days following receipt of the Step 2 decisiondeci- sion, or the date upon which it was due, demand arbitration by serving serv- ing a written demand for arbitration by Certified Mail, Return Receipt Requested, upon the Foundation's ’s President, and upon the American Arbitration Association (AAA). The arbitration shall be conducted in accordance with the laws of the State of New York and the AAA's labor arbitration rules. For each arbitration, the parties will take the necessary steps under the AAA rules to select a single arbitrator from the list(s) provided by the AAA. The decision of the arbitrator shall be final and binding on all parties, and each party agrees to abide by the decision or award and any judgment or order, which confirms or vacates the decision. The costs of the arbitration shall be borne equally by the PSC and by the Foundation. Expenses of witnesses shall be borne by the party which calls the witness. The arbitrator's power and jurisdiction to arbitrate and to decide a grievance shall be limited to controversies regarding the meaning of provisions of the Agreement, and he/she shall have no authority or jurisdiction to change, amend, modify, supplement or otherwise alter in any respect whatsoever the Agreement or any provision thereof. The arbitrator shall confine himself/herself strictly to the facts and evidence adduced at the hearing and the terms of the Agreement unless otherwise stipulated by the parties at the hearing. Any decision not timely appealed from one step to the next shall be considered settled or resolved on the basis of the last decision and not subject to further appeal or reconsideration.the