Step 4 - Arbitration. If the grievance is not settled on the basis of the foregoing procedures, the Association may submit the issue in writing to final and binding arbitration within ten (10) calendar days following receipt of the Chief Operating Officer or Chief Administrative Officer’s or designee’s response. Within ten (10) calendar days of the notification that the dispute is submitted for arbitration, the Association shall request the Federal Mediation and Conciliation Service to supply a list of eleven (11) arbitrators and the parties shall alternatively strike names from such list until the name of one (1) arbitrator remains who shall be the arbitrator. The party to strike the first name shall be determined by coin toss. In consultation with the arbitrator the Parties shall choose a date for the hearing. The arbitrator’s decision shall be final and binding, subject to limits of authority stated herein. The arbitrator shall have no authority or power to add to, delete from, disregard, or alter any of the provisions of this Agreement, but shall be authorized only to interpret the existing provisions of this Agreement as they may apply to the specific facts of the issue in dispute. The arbitrator shall base his or her decision solely on the contractual obligations expressed in this Agreement. If the arbitrator should find that the Employer was not prohibited by this Agreement from taking, or not taking, the action grieved, he or she shall have no authority to change or restrict the Employer’s action. The arbitrator shall not reverse the Employer’s exercise of discretion in any particular instance and substitute his or her own judgment or determination for that of the Employer. If a nurse feels the Employer’s determination is based upon bad faith, is arbitrary and capricious, is based on irrelevant information or favoritism, the nurse shall have recourse to the grievance procedure. Any dispute as to procedure shall be heard and decided by the arbitrator in a separate proceeding prior to any hearing on the merits. Any dismissal of a grievance by the arbitrator, whether on the merits or on procedural grounds, shall bar any further arbitration. Each party shall bear one-half (½) of the fee of the arbitrator and any other expense jointly incurred by mutual agreement incident to the arbitration hearing. All other expenses, including any costs or attorneys’ fees, shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses calle...
Step 4 - Arbitration. If no settlement has been reached in Step 3, the grievance may be submitted to arbitration within ten (10) calendar days of receipt of the superintendent’s decision. The Employer and the Council shall immediately thereafter select an arbitrator to hear the dispute. If the Employer and the Council are not able to agree upon an arbitrator within ten (10) workdays after receipt by the Employer of the demand for arbitration, the parties may request a list of five
Step 4 - Arbitration. If a grievance is not satisfactorily resolved at Step 3, the Union may submit the grievance to Arbitration. If a written notice of intent to file under the Arbitration Procedure is not received by the Manager of Labor Relations (or designee) within fourteen
Step 4 - Arbitration. 6.5.1 Should either Party have opted to bypass Step 3 or declined to accept the recommendation of the Investigator then the grieving Party may advance the matter to a single arbitrator for a final and binding decision. Notice of advancement must be in writing to the University President and to the Union within twenty (20) working days of receiving the decision at Step 2 or within twenty (20) working days of receiving the recommendation from the Investigator.
Step 4 - Arbitration. In the event that a grievance goes to arbitration, CSU-AAUP and management shall each select a representative who shall in turn select an arbitrator in accordance with rules of the American Arbitration Association. The cost of the arbitrator shall be borne equally by the parties except as otherwise provided herein. If a transcript is requested by either party, the cost shall be borne by the requesting party and a copy shall be provided the other party. The arbitrator’s decision and award shall be final and binding upon the grievant (subject to applicable law), CSU-AAUP and the Board.
Step 4 - Arbitration. (a) If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the Association representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 2. If a contract language dispute as described in (4) above, is not resolved at Step 3, the Association representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3. If, at the initial written step, the Association refused to represent the grievant because he was not a dues-paying member of the Association, the grievant may appeal the grievance to arbitration.
Step 4 - Arbitration. If the grievance is not satisfactorily settled at Step 2, the Union has twenty (20) days from the date of the Step 2 written statement or Step 1 response, to file for arbitration, by sending a Notice of Intent to Arbitrate to the Director of Human Resources. If the Union fails to request arbitration within this time limit, the grievance shall be deemed not eligible to go to arbitration. The Notice of Intent to Arbitrate shall identify the name of the Arbitrator selected by the procedure set forth below.
Step 4 - Arbitration. A. If the grievance is not settled in accordance with the foregoing procedure, the Union, or employee in the case of a discipline, may refer the grievance within fifteen (15) working days to the Management Services Director to schedule the matter for an arbitration hearing within twenty (20) calendar days of receipt of the request. The Union, or employee in the case of a discipline, and the Management Services Director shall attempt to mutually agree upon an arbitrator, and, if they cannot agree, shall strike names from a panel of nine (9) arbitrators until one name remains. The final arbitrator’s name remaining on the list shall arbitrate the dispute. The order of striking shall be determined by a coin toss. The arbitrator shall be notified of his or her selection by a joint letter from the parties requesting that he or she set a time and place, subject to the availability of the City and Union representatives. PANEL OF ARBITRATORS: Xxxxxx Xxxxx Xxxxxxx Xxxxxx Xxx Xxxxxx Xxxxxx Xxxxxxxxx Xxx Xxxxxxx Xxxxxxxxxxx Xxxxxxx Xxxx Xxxxxxxx Xxxxxxx Xxxxx Xxx Xxxxxxxxx B. Ten (10) days prior to the hearing by an arbitrator representatives of the parties shall meet and prepare a submission statement setting forth the issues to be submitted to the arbitrator and exchange evidentiary documents. In the event the parties cannot jointly agree on a submission statement then at the hearing each party shall present to the arbitrator its own submission statement in which case the arbitrator shall determine the issues to be resolved.
Step 4 - Arbitration. (a) If the grievance is not resolved at Step 3, the Union Representative may appeal the grievance to arbitration on a Request for Arbitration form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3.
Step 4 - Arbitration. If an Adjustment Board is unable to arrive at a majority decision, either the Union or the County may require that the grievance be referred to an impartial arbitrator, if within 14 calendar days of the date upon which the Adjustment Board hearing was held, the moving party notifies the other in writing of its desire to arbitrate. The question shall be submitted to an arbitrator mutually agreed upon by the parties or, failing mutual agreement, to that arbitrator who is selected by lot from an agreed upon panel. The fees and expenses of the arbitrator and of the court reporter shall be shared equally by the Union and the County. Each party shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any.
