Level 4 – Arbitration. 409 If the grievant is not satisfied with the disposition at Level 2 or the time limits 410 expire without the issuance of the Superintendent’s written reply, the Association 411 may, within ten (10) working days, submit the grievance to arbitration. The 412 parties to the arbitration are the District and the Association. The Association 413 shall submit the notice of intent to arbitrate in writing to the Superintendent and 414 Assistant Superintendent of Personnel Services within ten (10) working days after 415 receiving the Superintendent/designee’s Level 2 decision (or if no Level 2 416 decision is provided within ten (10) working days after the Level 2 response due 417 date). At the request of either party, a certified shorthand reporter shall be 418 employed to personally record verbatim the entire hearing. The parties shall share 419 equally the cost of the reporter. If either party desires a transcript, that party shall 420 pay the cost of the transcript.
Level 4 – Arbitration a) If the grievance is either not resolved in mediation or the District and/or Association elects to waive the mediation level, the Association, within ten (10) days of receipt of the notice to waive mediation or the final mediation session, may submit the grievance to final and binding arbitration. In such cases, the parties shall first attempt to select a mutually agreeable arbitrator. If they are unable to agree on an arbitrator, the Association shall request a list of arbitrators from the California State Mediation and Conciliation Service.
Level 4 – Arbitration. If the grievance is not resolved at Level 3, the grievant or the grievant’s designated representative may ask the Oregon Employment Relations Board to submit a panel of five (5) names. Such listing shall include names of known arbitrators who are members of the American Arbitration Association, and who reside within the state of Oregon. The arbitrator shall be selected from the panel by mutual agreement or by the designated representatives of the Association and the Board, each alternately striking a name from the list until one (1) shall remain. The arbitrator whose name remains on the list shall be considered selected. The order of the striking of names shall be determined by a flip of coin. As an alternative to requesting a list, the parties may mutually agree upon any arbitrator they choose. The arbitrator chosen from the list to hear the case shall schedule a hearing and deliver a decision writing thirty (30) days of the closure of the hearing. The arbitrator’s decision shall be in writing and set forth the finding of fact, reasoning and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this Agreement, or to substitute their judgment for that of the specific terms of this Agreement. Nor shall the arbitrator add to, subtract from, modify or amend any terms of this Agreement. The decision of the arbitrator shall be submitted to the parties and shall be final and binding on the parties. The Board and the Association will share equally the costs of the arbitration procedure including the fee and expense of the arbitrator and the cost of the hearing room. In cases where the grievant(s) pursue a grievance to arbitration without the support of the Association, the Association would not be held accountable for costs resulting from such grievance proceedings and the grievant would share the cost of the arbitration procedure including the fee and expense of the arbitrator and the cost of the hearing room with the District.
Level 4 – Arbitration. If the grievance remains unresolved the Union shall have the right to submit the matter to arbitration. In the event the Union elects to do so, it must notify the Chief Operating Officer of its decision in writing within twenty-one (21) calendar days from the date of submission to Level 3. After the grievance has been so submitted, the Union shall request a list of five (5) arbitrators from the State of Oregon Mediation and Conciliation Service within 30 calendar days of stating their intent to advance the grievance to arbitration. Upon receipt of the list of arbitrators, the parties will strike names within fourteen (14) calendar days. The parties shall select an arbitrator by mutual agreement or alternate striking of names with the Union proceeding with the first strike. The final name left on the list shall be the arbitrator, and shall be contacted by the parties to set a hearing. The parties will make best efforts to schedule arbitration within six (6) months of selecting an arbitrator. Requesting arbitration shall not prohibit the parties also requesting grievance mediation at the same time. Any mediation shall be mutually agreeable to the parties.
Level 4 – Arbitration. 9.6.1 Within ten (10) working days after receipt of the Superintendent/designee decision, the aggrieved may request in writing to the Union, the grievance be submitted to advisory arbitration.
Level 4 – Arbitration. If the Personnel Officer' s decision in the matter is not satisfactory to Union, the Union may submit a letter of intent to appeal the grievance to arbitration within ten (10) working days of the receipt of the Personnel Officer' s decision. The parties will attempt to mutually agree upon an arbitr ator. In the event the parties are unable to agree upon an impartial arbitrator within ten (10) working days after its referral to arbitration, then an appointment shall be made in accordance with the following:
Level 4 – Arbitration. 272 7.7.1 If the grievant is not satisfied with the decision at Level 3, or the 273 time limits expire without the issuance of the Superintendent’s 274 written reply, the Union may, within ten (10) working days, 275 submit the grievance to arbitration. The parties to the arbitration 276 are the Union and the District. The notice of intent to arbitrate 277 shall be submitted in writing to the Superintendent and the 278 Assistant Superintendent of Personnel Services Department 279 within ten (10) working days of the Superintendent’s Level 3 280 decision
Level 4 – Arbitration a) If the aggrieved employee is not satisfied with the disposition of her/his grievance at level 3, within ten (10) days after the decision, the Union may submit the grievance to arbitration with the Connecticut State Board of Mediation and Arbitration.
Level 4 – Arbitration. 8.7.4.1 The Association shall retain full and complete authority to determine whether or not a grievance shall be forwarded for arbitration.
Level 4 – Arbitration. In the event the Parties are unable to resolve their differences at lower levels of the grievance procedure, the Union may notify the Employer in writing of its intent to arbitrate delivered within fifteen (15) calendar days of the mediation conference or the Level 2 response from the Employer. The parties shall utilize the expedited arbitration model under FMCS Guidelines.
