Nurse and Administration. If the grievance is not resolved at Step 2 to the nurse’s satisfaction, the nurse or the Association may present the grievance in writing to the assistant/associate administrator (or designee) within ten (10) days of the clinical manager’s Step 2 written response. The assistant/associate administrator (or designee) and a human resources representative (or designee) shall meet with the nurse, the local unit officer and a representative of the Association within ten (10) days of receipt of the Step 3 grievance for the purpose of resolving the grievance. The assistant/associate administrator (or designee) shall respond in writing to the nurse and the Association within ten (10) days following the Step 3 meeting.
Nurse and Administration. If the matter was not resolved in Step 2 above, the nurse shall present the written grievance to the Hospital Administrator, or a designee, within seven (7) calendar days after the Step 2 decision. The Administrator shall submit a written reply within fourteen (14) calendar days following receipt of the grievance. Step 5: Arbitration If the grievance is not settled on the basis of the foregoing procedures, the Union may submit the grievance to arbitration within ten (10) calendar days following the Step 3 decision of the Administrator. If the Hospital and the Union fail to agree on an arbitrator, a list of eleven (11) arbitrators shall be requested from the Federal Mediation and Conciliation Service. The parties shall thereupon alternate in striking a name from the panel until one name remains. The person whose name remains shall be the arbitrator. The arbitrator’s decision shall be final and binding on all parties. The arbitrator shall have no authority to add to, subtract from, or otherwise change or modify the provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator may award back pay lost by an aggrieved employee for any breach of this Agreement; but no such award shall be made for any period earlier than the date when the grievance or complaint was first presented. Each party shall bear one-half (1/2) of the fee of the arbitrator and any other expenses jointly incurred incidental to the arbitration hearing. All other expenses related to a party’s presentation of its case including, but not limited to, attorneys’ fees, deposition costs and written fees shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other party. Any arbitrator accepting an assignment under this Article agrees to issue an award within forty-five (45) calendar days of the close of the hearing or the receipt of post-hearing briefs, whichever is later.
