Step 5. Appeal to the General Manager, or designee, is the final step in the Grievance Procedure. If the grievance cannot be resolved under Step 4, it may be presented to the General Manager, or designee, within five (5) days from the date the Step 4 finding was issued. The General Manager, or designee, shall respond in writing to the employee within ten (10) days after the date of the grievance is received.
Step 5. (a) If the grievance is not resolved at Step 4 it shall be so noted on the grievance form and delivered to the Superintendent, within thirty (30) calendar days following answer at Step 4, with a written request that the grievance be submitted to arbitration. If the parties cannot agree on the selection of an arbitrator within five (5) school days after such request, the Association shall, within the following five (5) school days, file a request for arbitration in accordance with the American Arbitration Association rules and procedures.
Step 5. If the employee (through the Union) continues to dispute the decision of the City Manager, the employee (through the Union) shall, within fifteen (15) working days of the City Manager's decision, request that the matter be referred to a Mediator appointed by the California State Mediation/Conciliation Service, who shall render an advisory opinion on the merits of the grievance to the City Manager. The City Manager may accept, modify or reject the advisory opinion of the Mediator. The City Manager's decision shall be final.
Step 5. An appeal of the decision of the Police Chief or duly appointed interim Police Chief or appeal of any disciplinary action may be made, in writing, to the HR Director by the aggrieved member, or BPOA within ten (10) working days, excluding absences, after receipt of the Police Chief's or duly appointed interim Police Chief’s decision. The written appeal must specify the reason(s) why the Police Chief's or duly appointed interim Police Chief’s decision is unsatisfactory. Appeals to the HR Director on disciplinary matters may only be made on the basis of whether the investigative process was fair and complete, and on whether the discipline was appropriate, given the findings. If an administrative hearing is held, it is only for the purpose of hearing from the employee and his/her representative and the Police Chief or duly appointed interim Police Chief and his/her representative on the grounds why the Police Chief’s decision is unsatisfactory. The HR Director shall review the matter, including any statements made during the administrative hearing. The HR Director's decision, shall be rendered, in writing, which shall specify the reason(s) for the disposition to the employee within ten (10) working days, excluding absences, following the date the appeal was received or any hearing was held. If the HR Director is unable to review the grievance, a mutually acceptable designee may be named. That designee will normally be a Deputy City Manager or a City Department Head and will have full authority, equivalent to that of the HR Director, for this step of the grievance.
Step 5. If the grievance remains unresolved, either party may, within fifteen (15) calendar days after the reply of the City Manager is due, by written notice to the other, request a hearing before an arbitrator whose decision shall be final and binding on the parties.
Step 5. If the grievance is not settled in Step 4, the Association may submit, within five (5) days, a notice in writing to the Superintendent that the Association is proceeding on to advisory arbitration. The parties shall attempt to select a mutually acceptable arbitrator. If no agreement can be reached within ten (10) days, they shall request the State Conciliation Services to supply a list of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of the striking shall be determined by lot. The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. The Association reserves the right to decide whether to financially support the grievant in advisory arbitration. All other expenses shall be borne by the party incurring them.
Step 5. If the grievance remains unresolved following the decision of the City Manager or designee the UNION may submit said grievance to arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association or another mutually agreed third party, such action to be filed within twenty (20) calendar days following the decision of the City Manager or designee. If the UNION fails to submit said grievance to arbitration, the grievance shall be deemed abandoned and no further action shall be taken with respect to such grievance.
Step 5. Upon submitting said grievance to arbitration:
Step 5. In the event that the grievance is still unresolved after the response from the City Manager, either party may submit the grievance within fourteen (14) calendar days to final and binding arbitration to be conducted by the American Arbitration Association in accordance with the rules of the American Arbitration Association. The parties shall share equally the arbitrator's fee and those costs imposed by the American Arbitration Association (AAA). An employee who has been disciplined and/or discharged may, at the employee's option within seven calendar days, elect to submit a grievance concerning said discharge and/or discipline, to the Civil Service Commission established under the provisions of Act 78 of 1935 as amended. An employee who selects the provisions of Act 78 shall be barred from the arbitration procedures set forth herein.
Step 5. 1. If the grievance is not satisfactorily resolved in Step 4, the Union may make a written request that the grievance be submitted to binding arbitration. A request for arbitration must be submitted to the other party within seven (7) calendar days following the date of the Trustees' written response. In the event the grievance is not referred to arbitration within the time limits prescribed, the grievance shall be considered resolved based upon the Step 4 reply.
